Question & AnswerQ&A (Republic Act No. 1201)
The city departments mentioned are: Department of Engineering and Public Works, Police Department, Office of the City Fiscal, Fire Department, Department of Finance, Department of Assessment, Department of Health, and Department of Public Services.
The Mayor has direct supervision and control over the city departments, except the Office of the City Fiscal, which is under the Department of Justice.
The Office includes one City Fiscal (chief), one first assistant city fiscal, three second assistant city fiscals who are chiefs of divisions, and thirty-eight assistant fiscals.
City Fiscal: 12,000 pesos per annum; First assistant city fiscal: 11,000 pesos; Three second assistant city fiscals: 10,000 pesos each; Assistant fiscals have varying salaries from 8,400 pesos down to 4,800 pesos per annum depending on their category.
It is organized into three divisions: Preliminary Investigation Division, Prosecution Division, and Miscellaneous Division to promote efficiency in functions and duties.
The City Fiscal is the chief legal adviser of the city and its offices/departments, represents the city in legal cases, provides legal opinions, investigates misconduct or failure by city officers or franchise holders, prosecutes crimes and ordinance violations, investigates charges and sudden unexplained deaths, and other duties prescribed by law.
The City Fiscal or assistants may issue subpoenas, summon witnesses, take oral evidence under oath, request medico-legal assistance, and require medico-legal officers’ help for investigations, especially in cases of sudden death or crimes.
A preliminary investigation must be conducted giving the accused a chance to be heard, subpoena witnesses, and allow cross-examination. The investigation must be resolved within seven days from inception.
There are eight judges in the Municipal Court for the City of Manila, one of whom is an executive judge. Their compensation is ten thousand pesos per annum each.
Every arrested person must be promptly brought before the city fiscal, municipal court, or Court of First Instance for preliminary hearing, bail, or trial without unnecessary delay.
A defendant is not entitled as a right to a preliminary examination except a summary one to fix bail if the prosecution is ready for trial within three days after the examination request is presented.