Supreme Court E-Library
Information At Your Fingertips


  View printer friendly version

[ Act No. 3042, March 10, 1922 ]

AN ACT TO AMEND SECTION THIRTEEN OF GENERAL ORDERS, NUMBER FIFTY-EIGHT, KNOWN AS THE CODE OF CRIMINAL PROCEDURE

Be it enacted by the Senate and House  of Representatives of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1.  Section thirteen of General  Orders, Number Fifty-eight, known as the  Code of  Criminal  Procedure, is hereby amended to read as follows:

"SEC. 13. When a complaint  or information alleging the commission of a crime is laid before a magistrate, he must examine,  on oath,  the informant  or prosecutor and the witnesses  produced, and take their  depositions  in writing, causing them to be subscribed by the parties making them.

If the magistrate be satisfied from the investigation that the crime complained of  has  been committed, and  that there  is reasonable ground to believe that the party charged has committed it, he  must issue an order for his  arrest.

If the offense be bailable, and the defendant  offers a sufficient  security,  he shall be admitted to bail;  otherwise  he shall  be committed to prison.   Upon issuing the order of arrest, the magistrate shall ascertain whether the accused is within or without his jurisdiction.  In the  latter case he shall  make  an  order  fixing the amount of  the bail and authorizing any justice of the  peace or judge  of a Court of First  Instance  where  the accused may  be found  or arrested to  accept  his bail.   The magistrate  who  has admitted the accused  to bail shall forthwith release him and inform the magistrate who issued the order of arrest of his action, forwarding  the papers in the case."

SEC. 2. This Act  shall take effect on its approval.

Approved, March 10, 1922.
© Supreme Court E-Library 2019
This website was designed and developed, and is maintained, by the E-Library Technical Staff in collaboration with the Management Information Systems Office.