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1of5 Rem. Prelim
1of5 Rem. Prelim
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Rem. Prelim
In view of the foregoing, we hold that the provisions on assessors embodied in
the Code of Civil Procedure are still in force and that the same may still be
invoked in the light of the provisions of section 49 of the Republic Act No. 409. It
is therefore our opinion that the respondent Judge acted with abuse of
discretion in denying petitioner his right to the aid of assessors in the trial of the
two criminal cases now pending in the Court of First Instance of Manila.
Paras, C.J., Pablo, Bengzon, Padilla, Tuason, Montemayor, Jugo and Labrador, JJ.,
concur.
Separate Opinions
In view of section 49 of Republic Act No. 409, approved June 18, 1949,
authorizing the use of assessors in the trial of civil and criminal cases in the city
of Manila, I concur in the result.
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Rem. Prelim