Application and Court Procedure for Travel and Subsistence Expenses
- Application must be made in writing and under oath by the fiscal or defense attorney assigned to a pauper defendant.
- The application is submitted to the court concerned.
- The court must be convinced that the witness's testimony is material and that the witness is indigent.
- Upon satisfaction, the court orders the issuance of a summons.
- The provincial treasurer is directed to provide the necessary travel and subsistence funds from provincial resources.
Source and Reimbursement of Expenses
- Travel and subsistence expenses are to be paid from funds appropriated by the provincial board or the municipal board of the City of Manila (considered as a province for this purpose).
- These expenses are to be assessed as part of the costs of the case.
- The costs assessed will be reimbursed to the province concerned.
Limitations on Benefits for Certain Witnesses
- Indigent prosecution witnesses are not entitled to these benefits if the aggrieved party is represented by an attorney during the hearing.
- Benefits do not extend to witnesses who, in the court’s opinion, are professional or habitual witnesses.
Effectivity of the Act
- The Act takes effect on January 1, 1929.