You are on page 1of 6

REPUBLIC ACT No.

6033

AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES


WHERE THE PARTY OR PARTIES INVOLVE ARE INDIGENTS.

Section 1. Any provision of existing law to be contrary notwithstanding and with the exception
of habeas corpus and election cases and cases involving detention prisoners, and persons covered
by Republic Act Numbered Four thousand nine hundred eight, all courts shall give preference to
the hearing and/or disposition of criminal cases where an indigent is involved either as the
offended party or accused. The trial in these cases shall commence within three days from date
of arraignment and no postponement of the hearings shall be granted except on the ground of
illness of the accused or other similar justifiable grounds. City and provincial fiscals and courts
shall forthwith conduct the preliminary investigation of a criminal case involving an indigent
within three days after its filing and shall terminate the same within two weeks.

Section 2. As used in this Act, the term "indigent" shall refer to a person who has no visible
means of income or whose income is insufficient for the subsistence of his family, to be
determined by the fiscal or judge, taking into account the members of his family dependent upon
him for subsistence.

Section 3. An indigent who is the offended party, respondent or an accused in a criminal case
and who desires to avail of the preference granted under this Act shall file a sworn statement of
the fact of his being indigent and the said sworn statement shall be sufficient basis for the court
or fiscal to give preference to the trial and disposition of such criminal case.

Section 4. Any willful or malicious refusal on the part of any fiscal or judge to carry out the
provisions of this Act shall constitute sufficient ground for disciplinary action which may include
suspension or removal.

Section 5. This Act shall take effect upon its approval.

Approved: August 4, 1969.

1
REPUBLIC ACT No. 6035

AN ACT REQUIRING STENOGRAPHERS TO GIVE FREE TRANSCRIPT OF NOTES


TO INDIGENT AND LOW INCOME LITIGANTS AND PROVIDING A PENALTY FOR
THE VIOLATION THEREOF.

Section 1. A stenographer who has attended a hearing before an investigating fiscal or trial judge
or hearing commissioner of any quasi-judicial body or administrative tribunal and has officially
taken notes of the proceeding thereof shall, upon written request of an indigent or low income
litigant, his counsel or duly authorized representative in the case concerned, give within a
reasonable period to be determined by the fiscal, judge, commissioner or tribunal hearing the
case, a free certified transcript of notes take by him on the case.

Section 2. A litigant who desires to avail himself of the privilege granted under Section one
hereof shall, at the investigation, hearing, or trial, establish his status as an indigent or low
income litigant and the investigating fiscal or judge or commissioner or tribunal hearing the case
shall resolve the same in the same proceeding.

For the purpose of this Act, an "indigent or low income litigant" shall include anyone who has no
visible means of support or whose income does not exceed P300 per month or whose income
even in excess of P300 per month is insufficient for the subsistence of his family, which fact
shall be determined by the investigating fiscal or trial judge or commissioner or tribunal hearing
the case taking into account the number of the members of his family dependent upon him for
subsistence.

Section 3. Any stenographer who, after due hearing in accordance with the pertinent provisions
of Republic Act No. 2260, as amended, has been found to have violated the provisions of Section
one of this Act or has unreasonable delayed the giving of a free certified transcript of notes to an
indigent or low income litigant shall be subject to the following disciplinary actions:

(a) suspension from office for a period not exceeding thirty (30) days upon finding of
guilt for the first time;

(b) suspension from office for not less than thirty (30) days and not more than sixty (60)
days upon finding of guilt for the second time; and

(c) removal from office upon finding of guilt for the third time.

Section 4. This Act shall apply to all indigent or low income litigants who, at the time of its
approval, have pending cases in any fiscal office, court, or quasi-judicial body or administrative
tribunal.

Section 5. The Department of Justice shall prescribe such rules and regulations as may be
necessary to carry out the purposes of this Act, and the Department Head concerned shall

2
provide the necessary supplies and authorize the use of government equipment by the
stenographers concerned.

Section 6. This Act shall take effect upon its approval.

Approved: August 4, 1969.

3
REPUBLIC ACT No. 5185

AN ACT GRANTING FURTHER AUTONOMOUS POWERS TO LOCAL


GOVERNMENTS

Section 6. Prohibition Against Practice. A member of the Provincial Board or City or Municipal
Council shall not appear as counsel before any court in any civil case wherein the province, city
or municipality, as the case may be, is the adverse party: Provided, however, That no member of
the Provincial Board shall so appear except in behalf of his province in any civil case wherein
any city in the province is the adverse party whose voters are en-franchised to vote for provincial
officials, nor shall such member of the Provincial Board or City or Municipal Council appear as
counsel for the accused in any criminal case wherein an officer or employee of said province,
city or municipality is accused of an offense committed in relation to the latter's office, nor shall
he collect any fee for his appearance in any administrative proceedings before provincial, city or
municipal agencies of the province, city or municipality, as the case may be, of which he is an
elected official.

The provisions of this Section shall likewise apply to provincial governors and city and
municipal mayors.

4
REPUBLIC ACT NO. 910

AN ACT TO PROVIDE FOR THE RETIREMENT OF JUSTICES OF THE SUPREME


COURT AND OF THE COURT OF APPEALS, FOR THE ENFORCEMENT OF THE
PROVISIONS HEREOF BY THE GOVERNMENT SERVICE INSURANCE SYSTEM,
AND TO REPEAL COMMONWEALTH ACT NUMBERED FIVE HUNDRED AND
THIRTY-SIX

Section 1. When a Justice of the Supreme Court or of the Court of Appeals who has rendered at
least twenty years' service either in the judiciary or in any other branch of the Government, or in
both, (a) retires for having attained the age of seventy years, or (b) resigns by reason of his
incapacity to discharge the duties of his office, he shall receive during the residue of his natural
life, in the manner hereinafter provided, the salary which he was receiving at the time of his
retirement or resignation. And when a Justice of the Supreme Court or of the Court of Appeals
has attained the age of fifty-seven years and has rendered at least twenty-years' service in the
Government, ten or more of which have been continuously rendered as such Justice or as judge
of a court of record, he shall be likewise entitled to retire and receive during the residue of his
natural life, in the manner also hereinafter prescribed, the salary which he was then receiving. It
is a condition of the pension provided for herein that no retiring Justice during the time that he is
receiving said pension shall appear as counsel before any court in any civil case wherein the
Government or any subdivision or instrumentality thereof is the adverse party, or in any criminal
case wherein and officer or employee of the Government is accused of an offense committed in
relation to his office, or collect any fee for his appearance in any administrative proceedings to
maintain an interest adverse to the Government, insular, provincial or municipal, or to any of its
legally constituted officers.

Section 2. In case a Justice of the Supreme Court or of the Court of Appeals dies while in actual
service, his heirs shall receive a lump sum amounting to the salary that said Justice was receiving
at the time of his demise for five years if by reason of his length of service in the Government he
were already entitled to the benefits of this Act; otherwise his heirs shall only receive a lump
sum equivalent to his last salary for two years, in addition to a reimbursement of all premiums
that he may have paid under this Act. The same benefits provided in this Section shall be
extended to any incumbent Justice of the Supreme Court or of the Court of Appeals who, without
having attained the length of service required in section one hereof, shall have to retire upon
reaching the age of seventy years, or for other causes, such as illness, to be certified to by the
tribunal to which the Justice concerned belongs, which render him incapacitated to continue in
his position.

Section 3. Upon retirement a Justice of the Supreme Court or of the Court of Appeals shall be
automatically entitled to a lump sum payment of the monthly salary that said Justice was
receiving at the time of his retirement for five years, and thereafter upon survival after the
expiration of this period of five years, to a further annuity payable monthly during the residue of
his natural life equivalent to the amount of the monthly salary he was receiving on the date of his
retirement.

5
Section 4. A retiring Justice who is entitled to the benefits of any prior retirement gratuity Act
shall have the option to choose between the benefits in such Act and those herein provided for,
and in such case he shall be entitled only to the benefits so chosen: Provided, however, That a
Justice retired under any prior Act and who is thereafter appointed to the Supreme Court or to the
Court of Appeals, shall be entitled to the benefits of this Act on condition that, in case he has not
fully refunded to the Government the gratuity previously received by him, there shall be
deducted from the amount payable to him under this Act such monthly installments as are
required in section six of Act Numbered Four thousand and fifty-one, as amended, until the
gratuity already received by him shall have been refunded in full.lawphil.net

Section 5. The Government Service Insurance System shall take charge of the enforcement and
operation of this Act, and no Justice of the Supreme Court or of the Court of Appeals shall be
entitled to receive any gratuity or pension herein provided unless from the month following the
approval of this Act, in case of an actual Justice of any of said courts, or from the month
following his appointment, and qualification as such Justice, in case of future appointment, he
shall have contributed to the funds of the System by paying a monthly premium of fifty pesos.

Section 6. Commonwealth Act Numbered Five hundred and thirty-six and any other provision in
conflict with this Act are hereby repealed.

Section 7. This Act shall take effect upon its approval.

Approved: June 20, 1953

You might also like