Question & AnswerQ&A (Republic Act No. 1198)
The primary purpose of Republic Act No. 1198 is to create the Office of State Attorneys within the Department of Justice and to define its powers and duties, as well as to authorize the appropriation of funds for this Office.
The Office of State Attorneys is composed of one chief, two assistant chiefs, and sixteen state attorneys.
The Chief receives an annual salary of twelve thousand pesos, each Assistant Chief receives nine thousand pesos per annum, and each State Attorney receives eight thousand pesos per annum.
They are appointed by the President of the Philippines with the concurrence of the Commission on Appointments.
A candidate must have at least ten years of trial court practice to be appointed as Chief or Assistant Chief.
A State Attorney must have at least five years of trial court practice in the Philippines.
They have the same powers as the provincial or city fiscal as provided by law, with State Attorneys primarily assisting or collaborating with the provincial fiscal or city attorney unless directed otherwise by the Secretary of Justice.
No complaint or information shall be filed without giving the accused a chance to be heard in a preliminary investigation where the accused can cross-examine the complainant and witnesses; this preliminary investigation must be held in the provincial capital where the crime was committed.
No, if the Justice of the Peace or fiscal has conducted a preliminary investigation and found at least a prima facie case, the State Attorney may not conduct another preliminary investigation.
State Attorneys can summon witnesses and issue subpoenas, including subpoena duces tecum, and can request assistance from any law enforcement or government investigative agency.
The Prosecution Division shall be deemed abolished, and all its properties, furniture, equipment, and records shall be transferred to the Office of State Attorneys.
Their attendance is enforced by proper process through the corresponding Court of First Instance upon location.
The Chief is assisted by two Assistant Chief Attorneys and holds the rank of Solicitor General.
An appropriation of three hundred thousand pesos is authorized from the National Treasury for salaries and maintenance of the Office.