PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACTS
REPUBLIC ACT NO. 2622 - AN ACT TO
AMEND SECTION THIRTY-NINE AND FORTY-SIX OF THE REVISED CHARTER OF THE
CITY OF MANILA, AS AMENDED BY REPUBLIC ACT NUMBERED TWELVE HUNDRED ONE |
Section 1.
Section thirty-nine of Republic Act Numbered Four hundred nine,
otherwise known as the Revised Charter of the City of Manila, as
amended by Republic Act Numbered Twelve hundred one, is further amended
to read as follows: "Sec. 39.
The Municipal Court. � There shall be a municipal court for the City of
Manila, for which eleven judges shall be appointed. An executive judge
shall be chosen from among them in such manner and at such time as the
Secretary of Justice may determine. Four judges shall be designated by
the Secretary of Justice to try traffic cases exclusively, such judges
so designated shall hold session in such manner that there shall be one
judge on duty from eight o'clock in the morning until midnight. With
regard to ordinary traffic violation, not involving accident, damage to
property and/or physical injuries and wherein the accused desires to
enter a plea of guilty, imposition of the fine may be made by such
deputy clerks as may be designated by the executive judge. The deputy
clerks receiving the fines shall be guided by a schedule of fines to be
prepared by the Court.
xxx xxx xxx "The judges shall have a compensation of eleven thousand six hundred pesos per annum each." Sec. 2. Section forty-six of the same Act is hereby amended to read as follows: "Sec. 46.
Procedure on appeal from Municipal Court to Court of First Instance. �
An appeal shall lie to the Court of First Instance next to be held
within the city, in all cases where fine or imprisonment, or both, is
imposed by the municipal court. The party desiring to appeal shall
before six o'clock post meridian of the day after the rendition and
entry of the judgment by the municipal court, file with the clerk of
the court a written statement that he appeals to the Court of First
Instance. The filing of such statement shall perfect the appeal.
However, with regard to criminal cases in which the municipal court has
concurrent jurisdiction with the Court of First Instance, the Rules of
Court, with respect to appeal, shall apply. The judge of the court from
whose decision appeal is taken shall within five days after the appeal
is taken, transmit to the clerk of the Court of First Instance a
certified copy of the record of proceedings and all the original papers
and process in the case, and the clerk of the Court of First Instance
shall docket the appeal in that Court. A perfected appeal shall operate
to vacate the judgment of the municipal court, and the action, when
duly entered in the Court of First Instance, shall stand for trial de
novo upon its merits in accordance with the regular procedure in that
court, as though the same had never been tried and had been originally
there commenced.
"Pending an appeal, the defendant shall remain in custody unless released in the discretion of the judge of the municipal court or of the Judge of the Court of First Instance, upon sufficient bail, in accordance with the rules and regulations now or hereafter in force, to await the judgment of the appellate court." Sec. 3. This Act shall take effect upon its approval. Approved: May 25, 1960 |
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