CIRCULAR
NO. 15
[1979]
STRICT OBSERVANCE
OF THE PROVISIONS OF REPUBLIC ACT NO. 6033, ENTITLED AN ACT
REQUIRING
COURTS TO GIVE PREFERENCE TO CRIMINAL CASES WHERE THE PARTY OR PARTIES
INVOLVED ARE INDIGENTS.
The strict
observance
of the provisions of Republic Act No. 6033 [An Act Requiring Courts to
Give Preference to Criminal Cases Where the Party or Parties Involved
are
Indigents] is enjoined on all Courts. Its provisions read as follows:
"SECTION
1. Any
provision of existing law to the contrary notwithstanding and with the
exception of habeas corpus and election cases and cases involving
detention
or 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 of accused. The trial in these cases shall commence 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 this 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 of 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
provision 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."
There have
been reports
that perhaps due to inadvertence or other pressing business, some
Courts
have not been as prompt in according strict obedience to its terms.
Hereafter,
in line with the constitutional mandate of social justice and in
accordance
with the rule of law, there must be prompt compliance with its command.
That is the sense of the Resolution en banc of April 3, 1979,
copy
of which is hereby enclosed.
Manila, May 28, 1979.
[Sgd.]
FRED
RUIZ CASTRO
Chief
Justice
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