Republic Acts
Republic Act No. 1198
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
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ACT NO. 1198
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REPUBLIC ACTS
| REPUBLIC ACT NO. 1198 - AN
ACT CREATING THE OFFICE OF STATE ATTORNEYS IN THE DEPARTMENT OF JUSTICE
AND DEFINING ITS POWERS AND DUTIES AND AUTHORIZING THE APPROPRIATIONS
OF FUNDS THEREFOR |
| Section 1. There
shall be in the Department of Justice an Office of State Attorneys
composed of one chief, two assistant chiefs and sixteen state attorneys
whose term of office shall expire on the thirty-first day of December,
nineteen hundred and fifty-seven. The Chief of the Office shall receive
a salary of twelve thousand per annum, and shall have the rant of
Solicitor General. He shall be assisted by two Assistant Chief
Attorneys who shall each receive a salary of nine thousand pesos per
annum and sixteen State Attorneys who shall each receive a salary of
eight thousand pesos per annum.cralaw The Chief and Assistant Chiefs of the Office of State Attorneys and the sixteen State Attorneys shall be appointed by the President of the Philippines with the concurrence of the Commission on Appointments.cralaw No one shall be appointed as Chief or Assistant Chief of the office of State Attorneys unless he has had at least ten years of trial court practice, and as State Attorney unless he has had at least five years of trial court practice in the Philippines; and appointment may take into account equitable representation of provinces in the Office, consideration for this purpose of the representation the provinces now already have in the offices of the provincial fiscals. Sec. 2. The Chief and Assistant Chiefs of the Office of State Attorneys and the State Attorneys shall have the same powers as the provincial or city fiscal as provided for by law: Provided, That the State Attorney shall only assist or collaborate with the provincial fiscal or city attorney unless otherwise expressly directed and authorized by the Secretary of Justice.cralaw In all cases involving crimes cognizable by the court of First Instance, no complaint or information shall be filed without First giving the accused a chance to be heard in a preliminary investigation, where such accused shall be subpoenaed and appears before the investigating state attorney with the right to cross-examine the complainant and his witnesses. The preliminary investigation shall be held at the capital of the province where the crime was committed. The State Attorney shall certify under oath in the information to be filed by him that the defendant was given a chance to appear on his behalf or by counsel: Provided, however, That when a preliminary investigation has already been conducted by the Justice of the Peace or the Provincial or City Fiscal and where such official has found at least a prima facie case, the State Attorney may not conduct another preliminary investigation. To this end, the State Attorney may summon witnesses and require them to appear and testify under oath before him and/or issue subpoena duces tecum. The attendance of absent or recalcitrant witnesses who may be summoned or whose testimony may be required by the State Attorneys under the authority herein conferred shall be enforced by proper process upon application to the corresponding Court of First Instance. In the investigation of criminal cases, any State Attorney shall be entitled to request the assistance of any law enforcement or investigation agency of the government.cralaw The Chief of the Office of State Attorneys and the State Attorneys shall perform such other duties as in the interest of the public service may be assigned to them from time to time by the Secretary of Justice.cralaw Sec. 3. The Office of the State Attorneys shall
be provided with such subordinate personnel as may be authorized by the
appropriation law. Sec. 5. There is hereby authorized by the appropriated, out of any funds of the National Treasury not otherwise appropriated, the sum of three hundred thousand pesos for the salaries of the State Attorneys and their personnel and maintenance of the Office.cralaw Sec. 6. This Act shall take effect upon its
approval.cralaw Approved: August 28, 1954 |
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