Title
Creation of People's Court for WWII Crimes
Law
Commonwealth Act No. 682
Decision Date
Sep 25, 1945
During World War II in the Philippines, Commonwealth Act No. 682 established a special court and prosecution office, known as the People's Court and Office of Special Prosecutors, to handle crimes against national security, with the power to convict and sentence the accused even with insufficient evidence, while the Office of Special Prosecutors had the duty to receive records and release political prisoners on bail.

Law Summary

Jurisdiction and Coverage of the People's Court

  • Jurisdiction includes all crimes against national security committed between December 8, 1941, and September 2, 1945.
  • Cases must be filed within six months from the passage of the Act.
  • Cases filed after six months fall under the jurisdiction of the proper Court of First Instance.
  • The Court may convict and sentence for lesser crimes included in the information if evidence is insufficient.

Compensation and Tenure of Judges

  • Judges receive P10,000 per annum plus travel and necessary expenses.
  • Judges earning a lower salary from the government receive the difference between their salary and P10,000.
  • Judges serve until the President certifies all cases filed within the six-month period are disposed of.
  • Upon completion, Judges resume former duties.
  • Removal of Judges follows existing laws applicable to Judges of First Instance.

Court Sessions and Quorum

  • The People's Court generally sits in banc but may convene in five divisions of three Judges each.
  • The Presiding Judge or the most senior Associate Judge presides in his absence.
  • Sessions are held in Manila but may be held elsewhere by resolution for public interest.
  • Nine Judges constitute a quorum in banc; two Judges in divisions.

Decision-Making Process

  • Cases are allotted among the five divisions.
  • Majority affirmative votes are needed per division for judgment.
  • If a division is deadlocked, the case is elevated to the Court in banc using recorded evidence.
  • Judgment in banc requires at least eight affirmative votes.

Administration and Staffing

  • The Secretary of Justice may designate necessary personnel including a Clerk and Deputy Clerks of Court.
  • Personnel receive no additional compensation except for expense reimbursements.

Applicability of Laws and Appeal Procedures

  • The Court shall try cases under this Act and existing laws as applicable.
  • Decisions by the Court in banc are subject to Supreme Court review under Rule 46.
  • Decisions by divisions are appealable under Rule 42.
  • Death penalty cases require mandatory Supreme Court review.

Supreme Court Disqualification and Quorum

  • Justices who served under the Philippine Executive Commission or Philippine Republic cannot sit on related cases.
  • If quorum is not met due to disqualifications, the President may designate other qualified judges temporarily.

Creation and Composition of the Office of Special Prosecutors

  • The Office includes fifteen members appointed by the President with Commission on Appointments' consent.
  • Members are drawn from Philippine Army, recognized guerrilla groups, public prosecutors, and the Bar.
  • The Solicitor General heads the Office.
  • The President may increase the number based on workload.

Qualifications and Compensation of Special Prosecutors

  • Must have qualifications for provincial fiscals and no prior office under prohibited governments.
  • Non-salaried Special Prosecutors receive P7,200 per annum.
  • Those with lower government salaries receive the difference between their salary and P7,200.
  • Traveling and necessary expenses are reimbursed.

Office of Special Prosecutors' Coexistence and Transition

  • Coexists with the People's Court until its abolition.
  • Special Prosecutors with Commonwealth Government offices resume former duties upon abolition.

Handling of Political Prisoners

  • Upon surrender of political prisoners by the US Armed Forces Commander, all related documents are transferred to the Office of Special Prosecutors.
  • Political prisoners may be released on bail before information filing unless charged with capital offenses.
  • Suspension of certain public security laws concerning political prisoners for up to six months post-handover.

Assistance and Cooperation for the Office of Special Prosecutors

  • Secretary of Justice may appoint agents and personnel to assist the Office.
  • Additional appointments receive no extra salary aside from expenses.
  • The Solicitor General may utilize government offices and resources.
  • Special Prosecutors have subpoena power and authority to administer oaths and conduct evidence gathering.

Trial Procedures and Rules

  • Trials follow existing laws unless explicitly modified.
  • Preliminary examinations or investigations are not required before trial.
  • The People's Court may adopt internal rules to expedite proceedings.
  • All orders and writs of the Court are served and enforced like superior courts.

Administrative Supervision and Budget

  • The Court and Office of Special Prosecutors are under the administrative supervision of the Department of Justice.
  • The President may transfer or detail government employees as needed without additional pay except travel expenses.
  • Appropriation for operation is set at up to P1,000,000 for fiscal year 1945-46 and included in subsequent budgets.

Appointments and Effectivity

  • The President must appoint the Presiding and Associate Judges and Special Prosecutors within ten days from the Act's approval.
  • The Act takes effect immediately upon approval.

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