Title
Penalty for Refusing Military Court Subpoena
Law
Act No. 1130
Decision Date
Apr 28, 1904
To prevent the failure of military justice in the Philippine Islands, Act No. 1130 was enacted, requiring non-military individuals subpoenaed as witnesses to comply or face punishment, while also ensuring their compensation and protection against self-incrimination.
A

Obligations of Subpoenaed Witnesses

  • Duty to appear when duly subpoenaed by the general court-martial.
  • Must qualify as a witness and testify or produce documentary evidence legally subpoenaed.

Penalties for Non-compliance

  • Willful neglect or refusal to appear, qualify, testify, or produce evidence is punishable.
  • Punishments include a fine up to five hundred dollars (U.S. currency), imprisonment up to six months, or both, at the court's discretion.

Procedural Responsibility for Enforcement

  • The general court-martial must certify facts of non-compliance.
  • The appropriate fiscal or prosecuting officer is mandated to file a complaint and prosecute the offending individual in the proper court.

Witness Compensation

  • Witnesses are entitled to a daily attendance fee of one dollar and fifty cents (U.S. currency).
  • Travel expenses reimbursed at five cents per mile for each direction to and from the place of trial or hearing.

Protection Against Self-incrimination

  • No witness is compelled to incriminate themselves.
  • Witnesses may refuse to answer questions that may lead to self-incrimination.

Expediency of Enactment

  • The act was expedited due to public necessity under the existing rules for legislative procedure.

Effectivity

  • The Act took effect immediately upon its passage on April 28, 1904.

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