Case Summary (G.R. No. L-960)

Legal Authority of Appointed Counsel

The case revolves around the authority of Gregorio T. Lantin, appointed by the Secretary of Justice to assist the City Fiscal of Manila. The legal basis for this appointment is found in Section 1686 of the Revised Administrative Code, which allows the Secretary of Justice to appoint any lawyer to assist a fiscal with the same authority as the Attorney-General or Solicitor-General. The court emphasized that the law uses general terms, and it is a principle of statutory interpretation that provisions should not be given a restricted meaning unless explicitly stated.

• The Secretary of Justice can appoint lawyers to assist fiscals.
• The appointed lawyers have the same authority as the Attorney-General or Solicitor-General.
• Statutory interpretation favors broad application unless restrictions are clearly indicated.

Interpretation of Legislative Intent

The court examined whether the legislature intended to limit the duties of the appointed lawyer. It concluded that the law does not specify any restrictions on the functions of the appointed counsel, including signing informations, conducting investigations, and prosecuting cases. The court posited that if the legislature intended to restrict these powers, it would have explicitly stated so.

• The law does not restrict the appointed lawyer's functions.
• Important prosecutorial functions are included in the scope of assistance.
• Legislative intent is inferred from the absence of explicit restrictions.

Historical Context of the Law

The court provided a historical overview of the legislative evolution concerning the authority of the Attorney-General and the Solicitor-General to assist provincial fiscals. It traced the origins of the law back to Act No. 136, which established the Attorney-General's role and the subsequent amendments that allowed for the appointment of lawyers to assist in prosecutions. This historical context supports the interpretation that the authority to sign informations is inherent in the role of assisting a fiscal.

• The law has evolved from Act No. 136 to the current provisions.
• Historical practices indicate that the Attorney-General signed informations.
• The authority to assist includes the power to sign informations.

Judicial Notice of Established Practices

The court noted that the practice of the Attorney-General signing informations was established and should carry weight in interpreting the current law. This practice, which continued for a significant period, reinforces the understanding that the authority to assist a fiscal includes the power to sign informations.

• Established practices of the Attorney-General are relevant to interpretation.
• The continuity of signing informations supports the current interpretation.
• Judicial notice can be taken of historical practices in legal analysis.

Distinction Between Powers

The court clarified that the authority to assist a fiscal is separate from the general powers of the Attorney-General or Solicitor-General. The powers conferred upon the appointed counsel are cumulative, meaning that the authority to assist includes the inherent power to sign informations, which is not solely derived from t...continue reading

Case Syllabus (G.R. No. L-960)

Case Information

• G.R. No.: L-960
• Date of Decision: December 09, 1946
• Petitioner: Alberto Julian
• Respondent: Honorable Judge Jose Gutierrez David

Background of the Case

• The central issue concerns the authority of Gregorio T. Lantin, appointed by the Secretary of Justice, to sign informations in criminal cases.
• Dr. Lantin is a doctor of medicine and an attorney-at-law, serving as the Acting Chief of the Medico-Legal Section, Division of Investigation, Department of Justice.
• The case references previous cases (G.R. Nos. L-831, L-876, L-878) where similar authority was contested.

Legal Basis

• The authority in question stems from Section 1686 of the Revised Administrative Code, as amended by Section 4 of Commonwealth Act No. 144.
• This section permits the Secretary of Justice to appoint a lawyer to assist a fiscal or prosecuting attorney, granting them the same authority as the Attorney-General or Solicitor-General.

Interpretation of the Law

• The law uses general language, which does not impose restrictions on the duties of the appointed lawyer unless explicitly stated.
• Statutory interpretation principles dictate that no undue restrictions should be placed on the law's provisions unless intended by t...continue reading