Creation of People's Court for WWII Crimes

Jurisdiction and Filing Deadline

Section 2 grants the People’s Court jurisdiction to try and decide all cases of crimes against national security committed between December 8, 1941 and September 2, 1945.
Section 2 requires cases to be filed within six (6) months from the passage of the Act.
Section 2 provides that any such cases not instituted within the six (6)-month period must be filed with, tried, and determined by the proper Court of First Instance.
Section 2 allows a conviction even if evidence is insufficient for the charged offense: if the People’s Court’s opinion is that the evidence is not sufficient to support the offense charged, it may nevertheless convict and sentence the accused for any crime included in the acts alleged in the information and established by the evidence.

Court Duration and Judicial Removal

Section 4 provides that the People’s Court shall exist and its judges shall serve until the President certifies that all cases filed within the period set in Section 2 have been tried and disposed of.
Section 4 provides that upon such certification, judges shall cease as People’s Court judges and resume their respective offices held at the time of their appointment.
Section 5 bars removal of a People’s Court judge except for causes and in the manner provided by existing laws for removal of Judges of First Instance.

Court Sessions, Quorum, and Voting

Section 6 requires the People’s Court to sit in banc, but it may also sit in five divisions of three Judges each.
Section 6 authorizes all five divisions to sit at the same time.
Section 6 provides presiding rules: if the Presiding Judge is present in any session (in banc or in division), he presides; otherwise, an Associate Judge presides based on precedence by commission dates, and if tied, by the order of commission issuance.
Section 8 provides that in banc and its five divisions hold sessions in the City of Manila.
Section 8 allows out-of-Manila sessions: if public interest requires, the Court issues a resolution for holding sessions in banc or by any division elsewhere in the Philippines.
Section 9 establishes quorum requirements: Nine Judges constitute quorum for in banc, and two Judges for divisions.
Section 9 provides that if quorum is not reached, the Court or division stands ipso facto adjourned until the requisite number is present, and the clerk records this in the minutes.
Section 10 provides allocation and decision voting: cases are allotted among the five divisions, and the affirmative vote of the majority of judges of each division is required to pronounce judgment.
Section 10 provides if a division fails to reach decision: the case is heard and decided by the Court sitting in banc, using the recorded evidence without retaking.
Section 10 requires that for judgments in banc, at least eight (8) Judges must vote affirmatively.

Compensation and Organizational Support

Section 3 sets judicial compensation at PHP 10,000 per annum, plus traveling and necessary expenses incident to duty.
Section 3 provides a salary-difference adjustment: judges drawing a lower salary or compensation in any other government capacity receive the difference between their existing compensation and the compensation in this Act.
Section 11 empowers the Secretary of Justice, upon recommendation of the People’s Court, to designate or appoint personnel (including a Clerk of Court and five Deputy Clerks of Court) from DOJ or other necessary personnel.
Section 11 prohibits additional compensation for designated personnel, except traveling and necessary expenses.
Section 12 requires the People’s Court to try and decide or dispose of its cases under procedures provided in the Act and existing laws, insofar as consistent.

Prosecution Structure: Office of Special Prosecutors

Section 15 vests prosecution in an Office of Special Prosecutors for the cases in Section 2, under the direction and control of the prosecution for those cases.
Section 15 creates the Office of Special Prosecutors as a body of fifteen (15) members, appointed by the President with Commission on Appointments consent.
Section 15 sets qualifications for special prosecutors: members are drawn from the Philippine Army or recognized guerilla organizations, public prosecutors, and the Bar.
Section 15 allows the President to increase the number of Special Prosecutors when workload demands.
Section 15 designates the Solicitor General as Head of the Office of Special Prosecutors.
Section 16 prohibits appointment of any special prosecutor who does not possess qualifications required for provincial fiscals or who previously held any office or position under the Philippine Executive Commission, the Government called Philippine Republic, or any branch/instrumentality/agency thereof.
Section 17 sets special prosecutor compensation:
- Special prosecutors from the Judge Advocate Service of any recognized guerilla organization and/or from the Bar who draw no salary from the Government of the Commonwealth or the United States receive PHP 7,200 per annum.
- Those drawing a lower salary or compensation receive the difference between their salary/compensation and PHP 7,200.
- Special prosecutors also receive traveling and necessary expenses incident to duty.

Duties, Investigations, and Evidence Gathering

Section 21 authorizes the Solicitor General, as Head, to call upon any Commonwealth government office, make use of government facilities, and secure full cooperation.
Section 21 grants oath-taking and investigation powers to the Solicitor General and Special Prosecutors for official business.
Section 21 authorizes investigations by oral and documentary evidence and allows use of subpoena or subpoena duces tecum to summon witnesses to appear and testify under oath and to produce books, documents, or other things under their control.
Section 21 allows enforcement against an absent or recalcitrant witness by application before the People’s Court or any inferior or superior court within the jurisdiction where the witness or evidence may be found.
Section 20 authorizes the Secretary of Justice, upon recommendation of the Solicitor General, to appoint or detail agents and subordinate personnel to assist, with no additional compensation except traveling and necessary expenses.

Bail, Records Transfer, and Temporary Suspension Rule

Section 19 requires the Office of Special Prosecutors, upon delivery by the Commander-in-Chief of the Armed Forces of the United States in the Philippines of persons detained as political prisoners to the Commonwealth Government, to receive all records, documents, exhibits, and other things turned over by the United States relating to those political prisoners.
Section 19 requires examination of those materials and directs the Office of Special Prosecutors to take, as speedily as possible, proper action.
Section 19 allows release on bail (even prior to the corresponding information) in the discretion of the People’s Court, after due notice to the Office of Special Prosecutors and hearing, unless the Court finds strong evidence of commission of a capital offense.
Section 19 provides a temporary suspension rule in the interest of public security: Article 125 of the Revised Penal Code, as amended is deemed suspended insofar as the political prisoners are concerned until filing of the corresponding information with the People’s Court.
Section 19 limits the suspension period to not more than six (6) months from the formal delivery of the political prisoners to the Commonwealth Government.

Procedure, Rules, Service, Review, and Finality

Section 22 requires prosecution, trial, and disposal of People’s Court cases to follow existing laws and rules of court unless expressly provided otherwise.
Section 22 provides a special procedural rule: in cases triable before the People’s Court, no preliminary examination and/or investigation is required.
Section 23 permits the People’s Court to adopt internal rules to expedite trial and disposition.
Section 24 provides that orders, writs, and other processes are served and enforced in the same manner as those issued by Superior Courts, under Section 3, Rule 124 of the Rules of Court.
Section 13 provides Supreme Court review:
- People’s Court in banc decisions and final orders are subject to review under Rule 46.
- People’s Court division decisions are appealable under Rule 42.
Section 13 requires prompt Supreme Court disposition without placing the case on the regular calendar.
Section 13 mandates automatic record forwarding for death penalty: when the death penalty is imposed by the People’s Court or a division, the record must be forwarded to the Supreme Court whether the defendant appealed or not, for review and judgment under Rule 118, Section 9.
Section 14 bars a Supreme Court Justice who previously held office under the Philippine Executive Commission or the Government called Philippine Republic from sitting and voting in People’s Court cases under Section 13 where the accused previously held office under either or both of those governments or any branch/instrumentality/agency thereof.
Section 14 authorizes the President to designate temporary judges of First Instance, Judges-at-large of First Instance, or Cadastral Judges (without the disqualifications described) to sit temporarily to form a quorum or reach judgment if the required number of Justices is not present due to disqualification, Rule 126 Section 1 grounds, illness, absence, or temporary disability.

Supervision, Staffing Transfers, and Appropriations

Section 25 places the People’s Court and the Office of Special Prosecutors under the supervision and control of the Department of Justice for administrative purposes.
Section 26 empowers the President, upon request of the People’s Court and/or the Office of Special Prosecutors and recommendation of the Secretary of Justice, to detail or transfer officers or employees from other Executive Branch departments to the People’s Court and/or Office as necessary.
Section 26 prohibits additional compensation for detailed/transferred persons except traveling and necessary expenses.
Section 27 appropriates up to PHP 1,000,000 for operation of the People’s Court and Office of Special Prosecutors during the fiscal year 1945-1946, to be taken from Philippine Treasury funds not otherwise appropriated.
Section 27 requires future funding by including necessary sums in the General Appropriation Act.

Appointment Deadline and Effectivity

Section 28 requires the President to appoint the Presiding Judge, Associate Judges, and Special Prosecutors within ten (10) days from the approval of the Act.
Section 29 provides that the Act takes effect upon its approval.
The Act was approved September 25, 1945.