QuestionsQuestions (Republic Act No. 1198)
Republic Act No. 1198, approved on August 28, 1954.
It is composed of one Chief, two Assistant Chiefs, and sixteen State Attorneys.
Their term of office expires on December 31, 1957.
The Chief receives PHP 12,000 per annum and has the rank of Solicitor General.
Each Assistant Chief receives PHP 9,000 per annum; each State Attorney receives PHP 8,000 per annum.
They are appointed by the President of the Philippines with the concurrence of the Commission on Appointments.
At least ten (10) years of trial court practice.
At least five (5) years of trial court practice in the Philippines.
Yes. Appointment may take into account equitable representation of provinces considering the representation provinces already have in the offices of provincial fiscals.
They have the same powers as the provincial or city fiscal as provided by law.
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.
No complaint or information shall be filed without first giving the accused a chance to be heard in a preliminary investigation, with the accused subpoenaed and appearing before the investigating State Attorney.
The accused has the right to cross-examine the complainant and his witnesses.
At the capital of the province where the crime was committed.
The State Attorney must certify under oath that the defendant was given a chance to appear on his behalf or by counsel.
When a preliminary investigation has already been conducted by the Justice of the Peace and the provincial/city fiscal found at least a prima facie case.
They may summon witnesses, require them to appear and testify under oath, issue subpoena duces tecum, and request assistance from any law enforcement or investigation agency of the government.
Attendance may be enforced by proper process upon location to the corresponding Court of First Instance.
The Prosecution Division in the Department of Justice is deemed abolished, and its properties, furniture, equipment, and records are transferred to the Office of State Attorneys.
PHP 300,000 for salaries of the State Attorneys and their personnel and the maintenance of the Office.