Question & AnswerQ&A (Republic Act No. 1860)
Republic Act No. 1860 aims to amend Sections 38 and 38-A of Republic Act No. 409 regarding the organization, eligibility, duties, and salaries of the City Fiscal and Assistant City Fiscals in the City of Manila.
There are fifty-two assistant fiscals authorized under this Act.
To be eligible as City Fiscal, a person must be a citizen of the Philippines and have practiced law in the Philippines for at least ten years or held a government office during a similar period requiring admission to the practice of law.
An Assistant Fiscal must be a citizen of the Philippines and have practiced law for at least five years or held a similar government office requiring admission to the practice of law for the same period.
The City Fiscal holds the rank of a district judge.
The office is organized into three divisions: Preliminary Investigation Division, Prosecution Division, and Miscellaneous Division.
The Preliminary Investigation Division has the exclusive charge of conducting preliminary investigations of all crimes and violations of city ordinances.
The Prosecution Division is exclusively tasked with prosecuting criminal cases.
The Miscellaneous Division represents the city in civil cases involving the city or its officials, renders opinions, drafts ordinances, contracts, bonds, and inspects and passes upon documents pending approval by city officials.
The City Fiscal and Assistant City Fiscals operate under the general supervision of the Secretary of Justice.
The City Fiscal receives a salary of twelve thousand pesos per annum.
Yes, assistant fiscals receive varying salaries depending on their rank and division, ranging from six thousand pesos to ten thousand pesos per annum.
Yes, the City Fiscal can effect changes in the organization of the three divisions as needed for the service's exigencies.
Yes, the City Fiscal may designate any single assistant fiscal or group of assistant fiscals to investigate and prosecute the same case or cases.
Yes, all assistant fiscals holding affected positions at the time of approval continue in their roles and receive corresponding salary increases without the need for reappointment.