Question & AnswerQ&A (Commonwealth Act No. 682)
The primary purpose of Commonwealth Act No. 682 is to create a People's Court and an Office of Special Prosecutors for the prosecution and trial of crimes against national security committed during the Second World War.
The People's Court is composed of a Presiding Judge and fourteen Associate Judges appointed by the President with the consent of the Commission on Appointments.
Judges must be selected from District Judges of First Instance, Judges-at-large of First Instance, Cadastral Judges, Judges of the Court of Industrial Relations, the Securities and Exchange Commissioner, or the Public Service Commissioner. Judges who held office under the Philippine Executive Commission or the government called Philippine Republic cannot be appointed. If there are insufficient qualified judges, qualified members of the Bar with the qualifications of Judge of First Instance may be appointed.
The People's Court has jurisdiction over crimes against national security committed between December 8, 1941, and September 2, 1945, filed within six months from the passage of this Act.
Cases not filed within the prescribed six months shall be filed, tried, and determined by the proper Court of First Instance.
Judges receive an annual compensation of ten thousand pesos (P10,000), plus traveling and necessary expenses. If they previously draw a lower salary from the government, they receive the difference.
The People's Court may sit in five divisions of three judges each, which can sit simultaneously. Divisions decide cases by the affirmative vote of a majority. If a division fails to decide a case, it is elevated to the full Court in banc.
Yes, but only for causes and in the manner provided by existing laws applicable to the removal of Judges of First Instance.
Decisions and final orders in banc are subject to review by the Supreme Court under Rule 46 of the Rules of Court. Decisions by divisions are appealable under Rule 42. Death penalty cases must be reviewed by the Supreme Court even if not appealed.
Special Prosecutors are appointed by the President with consent from the Commission on Appointments. They are selected from members of the Philippine Army, recognized guerrilla organizations, public prosecutors, and members of the Bar who possess qualifications required for provincial fiscals and have not held office under the Philippine Executive Commission or the Philippine Republic.
The Solicitor General acts as the Head of the Office of Special Prosecutors and can call upon any government office for cooperation, administer oaths, conduct investigations, and issue subpoenas.
No, preliminary examinations and/or investigations are not required for cases triable before the People's Court.
The People's Court holds its sessions in the City of Manila but may hold sessions elsewhere in the Philippines if public interest so requires.
The People's Court ceases to exist, and its judges resume their previous positions. The Office of Special Prosecutors co-exists with the People's Court and personnel who held other government offices resume their former duties upon its abolition.
Political prisoners turned over to the Commonwealth Government may be released on bail prior to formal charges unless there is strong evidence of a capital offense, and provisions regarding their detention under Article 125 of the Revised Penal Code are suspended for up to six months.
Both the People's Court and the Office of Special Prosecutors are under the supervision and control of the Department of Justice.