An Act to Amend Section Sixty-Two of Commonwealth Act Numbered Fifty-Seven as Amended by Commonwealth Act Numbered One Hundred Fifty-Eight
Commonwealth Act No. 426, enacted on May 31, 1939, amends Section 62 of Commonwealth Act No. 57 regarding the prompt presentation of arrested individuals before the court in Iloilo City. It mandates that all arrested persons must be brought before the Municipal Court or the Court of First Instance without unnecessary delay for preliminary hearings, bail, or trial. Defendants in Municipal Court cases have limited rights to preliminary examinations, while those in the Court of First Instance may not be entitled to such examinations if the city fiscal has filed an information after investigation. The act aims to streamline judicial processes while ensuring the rights of defendants are considered.
Law Information
- Reference Number
- Commonwealth Act No. 426
- Date Enacted
- Category
- Statutes
- Subcategory
- Commonwealth Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 31, 1939
COMMONWEALTH ACT NO. 426
AN ACT TO AMEND SECTION SIXTY-TWO OF COMMONWEALTH ACT NUMBERED FIFTY-SEVEN AS AMENDED BY COMMONWEALTH ACT NUMBERED ONE HUNDRED FIFTY-EIGHT
SECTION 1. Section sixty-two of Commonwealth Act Numbered Fifty-seven, entitled "An Act establishing a form of government for the City of Iloilo," as amended by Commonwealth Act Numbered One hundred fifty-eight, is further amended to read as follows: EcSaHA
"SEC. 62. Persons arrested to be promptly brought before Court — Preliminary examinations in Municipal Court and Court of First Instance. — Every person arrested shall, without unnecessary delay, be brought before the Municipal Court, or the Court of First Instance for preliminary hearing, release on bail, or trial. In cases triable in the Municipal Court the defendant shall not be entitled as of right to preliminary examination, except a summary one to enable the court to fix the bail. In cases triable only in the Court of First Instance the defendant shall not be entitled as of right to a preliminary examination in any case where the city fiscal, after a due investigation of the facts, shall have presented an information against him in proper form. In both instances the city fiscal shall have the information filed under oath to be sworn to by him before the corresponding judge without the necessity of being accompanied by affidavits of witnesses. But the Court of First Instance may make such summary investigation into the case as it may deem necessary to enable it to fix the bail or to determine whether the offense is bailable."
SECTION 2. This Act shall take effect upon its approval.
Approved, May 31, 1939.
Cite This Law
An Act to Amend Section Sixty-Two of Commonwealth Act Numbered Fifty-Seven as Amended by Commonwealth Act Numbered One Hundred Fifty-Eight, Commonwealth Act No. 426, May 31, 1939 (Philippines)
An Act to Amend Section Sixty-Two of Commonwealth Act Numbered Fifty-Seven as Amended by Commonwealth Act Numbered One Hundred Fifty-Eight, Commonwealth Act No. 426 (Phil. 1939)
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