Amendment on City Fiscal Office Structure

Republic Act No. 1860 amends Republic Act No. 409, specifically Sections 38 and 38-A.
Section 38 of Republic Act No. 409 had already been amended by Republic Act No. 1201 and Republic Act No. 1571.
Section 38-A is re-amended through Republic Act No. 1860 by substituting the organizational structure for the City Fiscal’s office.

Section 38 establishes that the Office of the City Fiscal shall include a City Fiscal and assistant fiscals.
The City Fiscal must have the rank of a district judge.
The Office shall have three second assistant city fiscals, who shall serve as chiefs of divisions.
The Office shall have fifty-two assistant fiscals, who discharge their duties under the general supervision of the Secretary of Justice.

To be eligible as City Fiscal, a person must be a citizen of the Philippines and must have practiced law in the Philippines for not less than ten years or have held during a like period an office in the Philippine Government requiring admission to the practice of law as an indispensable requisite.
To be eligible as an Assistant Fiscal, a person must be a citizen of the Philippines and must have practiced law for at least five years prior to appointment or held during a like period an office in the Philippine Government requiring admission to the practice of law as an indispensable requisite.

Section 38 provides that the City Fiscal and his assistants shall receive salaries which shall be paid by the City of Manila.
The City Fiscal receives PHP 12,000 per annum.
The First assistant city fiscal receives PHP 11,600 per annum.
Each of the three second assistant city fiscals (chiefs of divisions) receives PHP 11,000 per annum.
Each group of assistant fiscals receives the following per-annum salaries:
- Six assistant fiscals receive PHP 10,000 per annum each.
- Six assistant fiscals receive PHP 9,000 per annum each.
- Six assistant fiscals receive PHP 8,400 per annum each.
- Six assistant fiscals receive PHP 8,100 per annum each.
- Six assistant fiscals receive PHP 7,600 per annum each.
- Six assistant fiscals receive PHP 7,200 per annum each.
- Six assistant fiscals receive PHP 6,600 per annum each.
- Ten assistant fiscals receive PHP 6,000 per annum each.

Section 38-A requires the City Fiscal to organize the Office into three divisions to promote efficient performance.
The Office shall include:
- a Preliminary Investigation Division with exclusive charge of conducting preliminary investigations of all crimes and violations of city ordinances.
- a Prosecution Division with exclusive charge of the prosecution of criminal cases.
- a Miscellaneous Division that represents the city in all civil cases where the city or any officer thereof, in his official capacity, is a party.
The Miscellaneous Division also:
- renders opinions,
- draws ordinances when required by the Board,
- handles contracts and bonds, and
- inspects and passes upon all such documents already drawn but pending approval by the concerned city officer.

Section 38-A authorizes the City Fiscal to effect, from time to time, changes in the organization of the three divisions based on the exigencies of the service.
Section 38-A preserves the City Fiscal’s power to designate:
- any single assistant fiscal or
- a group of assistant fiscals to investigate and also prosecute the same case or cases.

Section 38-A provides that assistant fiscals occupying positions affected by the amendments at the time of approval continue occupying those positions and discharge the duties and functions attached to them.
Section 38-A provides that those affected assistant fiscals receive the corresponding salary increases without the necessity of any new appointment.