QuestionsQuestions (Republic Act No. 5424)
The text cites Republic Act No. 5424. Its main purpose is to create a position of Provincial Fiscal for the Sub-province of Quirino in the Province of Nueva Vizcaya.
Section 1 creates the Provincial Fiscal position for the Sub-province of Quirino, in the Province of Nueva Vizcaya.
The Provincial Fiscal is appointed by the President of the Philippines.
The appointment requires the consent of the Commission on Appointments.
The appointee shall exercise such powers and perform such duties as are vested in the office by law.
It provides that the Provincial Fiscal shall exercise powers and perform duties as if the Sub-province of Quirino were a different and separate province.
It specifies that the office’s seat is in the capital of the sub-province of Quirino, consistent with the treatment of Quirino as a separate province for legal purposes.
He shall receive a salary as provided by law for provincial fiscals.
Section 2 states that the Act shall take effect upon its approval.
The Act is shown as enacted without Executive approval, dated June 15, 1968. This is indicated in the final line of the text.
It localizes prosecutorial authority by creating an office at the sub-province level, enabling the Provincial Fiscal to function with powers and duties comparable to those of a provincial fiscal in an equivalent separate province.
It implies that his jurisdictional authority and duties will mirror those of a provincial fiscal for a separate province, with the office located at Quirino’s sub-province capital.
It reflects a system of checks and balances in which the President makes the appointment but it becomes effective only with the Commission on Appointments’ consent.
It suggests that the specific powers and duties are not created solely by RA 5424; rather, they are “vested in the office by law,” meaning existing laws defining the office apply.
The Act is dated June 15, 1968. Section 2 provides that it takes effect upon approval, but the text also notes it was enacted without Executive approval, which would affect how effectivity was legally treated under the applicable constitutional rules at the time.