Preference for Criminal Cases Involving Indigents

Section 1 commands all courts to give preference to the hearing and/or disposition of criminal cases where an indigent is involved either as the offended party or accused.
Section 1 applies notwithstanding any provision of existing law to the contrary.
Section 1 excludes habeas corpus and election cases.
Section 1 excludes cases involving detention prisoners and persons covered by Republic Act Numbered Four thousand nine hundred eight.
Section 1 requires the trial in covered cases to commence within three days from the date of arraignment.

Section 1 bars postponement of hearings in covered cases except on the ground of illness of the accused or other similar justifiable grounds.
Section 1 requires City and provincial fiscals to conduct the preliminary investigation within three days after filing when the criminal case involves an indigent.
Section 1 requires preliminary investigations to be terminated within two weeks.

Section 2 defines “indigent” as a person who has no visible means of income.
Section 2 also defines “indigent” as a person whose income is insufficient for the subsistence of the person’s family.
Section 2 provides that the determination is made by the fiscal or judge.
Section 2 requires the fiscal or judge to take into account the members of the family dependent upon the person for subsistence.

Section 3 allows an indigent who is the offended party, respondent, or an accused to avail of the preference granted by filing a sworn statement.
Section 3 requires the sworn statement to state the fact of indigency.
Section 3 states that the sworn statement is sufficient basis for the court or fiscal to give preference to the trial and disposition of the criminal case.

Section 4 makes willful or malicious refusal by a fiscal or judge to carry out Republic Act No. 6033 a ground for disciplinary action.
Section 4 provides that disciplinary action may include suspension or removal.