Title
Lo Cham vs. Ocampo
Case
G.R. No. L-831
Decision Date
Nov 21, 1946
A lawyer detailed to assist Manila's City Fiscal under Section 1686 was authorized to sign informations and prosecute cases, upheld by the Supreme Court.

Case Summary (G.R. No. L-831)

Relevant Legal Framework

The applicable legal framework includes Section 1686 of the Revised Administrative Code, as amended by Section 4 of Commonwealth Act No. 144. This section allows the Secretary of Justice to appoint any lawyer to assist a fiscal or prosecuting attorney with the same powers as those exercised by the Attorney General or Solicitor General.

Summary of Case Proceedings

The central question involves the authority of Dr. Lantin to sign informations as an assistant city fiscal. His authority was initially affirmed by Judge Jugo in two of the cases, while Judge Dinglasan rejected this view in another case, citing that the mere appointment does not confer the authority to sign informations. Following the opposing judgments, the case was taken up for certiorari.

Interpretation of Section 1686

The Court interpreted Section 1686 broadly, positing that no explicit restrictions exist regarding the duties of the appointed lawyer, and thus, it is a general statutory principle to avoid limiting the interpretation of provisions unless specified. The law's language implies that the comprehensive firearms of the appointed attorney encompass vital prosecutorial functions, including signing informations and making investigations.

Historical Context and Legislative Intent

The historical backdrop of Section 1686 and its precursors indicates a legislative design to empower designated lawyers (including the Attorney General and Solicitor General) fully to assist in prosecutions, thus ensuring that significant prosecutorial tasks are not confined to a select group of designated officials. The law is intended to amplify the reach and efficacy of prosecuting capabilities in various jurisdictions.

Judicial Practice and Interpretation

The longstanding practice wherein attorneys, including the Attorney General, signed informations further supports the interpretation that such powers are inherent to those assigned to assist in prosecutorial functions. This historical practice suggests that the legislative intent did not limit authorities conferred to the appointed legal assistants, affirming that they should possess all necessary powers to carry out their roles effectively.

Resolution of the Cases

The petitions in cases L-831 and L-876 were denied, affirming the authority of Dr. Lantin under Section 1686 to sign informations. Conversely, the petition in case L-878 that contested his power to do so was sustained, illustrating a split decision reflecting divergent judicial interpretations of the same statute.

Motion for Reconsideration

A motion for reconsideration post-decision focused on two c

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