Judicial Procedure and Issuance of Warrants
- Upon proper application and proof, the Supreme Court, Court of First Instance, or a judge of these courts or municipal courts must issue warrants for the arrest of the deserter.
- The arrested individual is brought for examination to verify the truth of the desertion claim.
Conditions for Surrender and Detention
- If the arrested person is not a citizen of the United States or the Philippine Islands, and desertion is confirmed, the person is delivered to the consul or vice-consul.
- The deserter may be sent back to the dominions of the foreign government or detained at the consul's request and expense until transport can be arranged.
- The maximum detention period is two months from arrest; after which the deserter must be released and cannot be prosecuted again for the same cause.
Exceptions and Criminal Offenses
- If the deserter is charged with or has committed a crime, surrender to the foreign government may be delayed until the local court resolves the case and sentence is fully executed.
Legislative Expediency and Effectivity
- The enactment of the Act was expedited as mandated by existing procedural rules for urgent public good.
- The Act became effective immediately upon passage on January 16, 1906.