Structure and Salaries in the Office of the City Fiscal
- Establishes the Office of the City Fiscal with one City Fiscal (chief) and multiple assistants: 1 first assistant, 3 second assistants as division chiefs, and 38 assistant fiscals.
- The City Fiscal holds the rank equivalent to a district judge.
- Salaries of officials are specifically enumerated, paid by the City of Manila.
Organizational Divisions within the City Fiscal’s Office
- The office is divided into three divisions:
- Preliminary Investigation Division - handles all preliminary investigations of crimes and ordinance violations.
- Prosecution Division - responsible for prosecuting criminal cases and representing the city in civil suits.
- Miscellaneous Division - legal opinions, drafting ordinances, contracts, bonds, leases, and document review.
- Organizational adjustments can be made as needed by the City Fiscal without prejudice to assistants' tenure and rank.
Duties and Powers of the City Fiscal
- Acts as the city’s chief legal adviser for all city offices/departments.
- Represents the city in all civil cases and prosecutes criminal violations before courts.
- Prepares and reviews legal documents for the city.
- Investigates misconduct among city officials or franchise holders and reports to the Mayor.
- Can institute suits for breaches of city contracts or franchises.
- Oversees prosecution of all crimes and violations of city ordinances.
- Conducts investigations involving charges of crimes, violations, and unexplained sudden deaths with authority to subpoena and compel witness testimony (without self-incrimination obligation).
- May order autopsies and secure medico-legal assistance from the National Bureau of Investigation.
- Provides legal services to the Mayor and city Board and performs other legally prescribed functions.
Preliminary Investigation Procedures for Serious Crimes
- In cases cognizable by the Court of First Instance where the accused is in police custody, no complaint may be filed without a preliminary investigation.
- The accused has the right to be heard, subpoena witnesses, and cross-examine during investigation.
- If detained, the accused’s waiver of certain rights is required to proceed, and investigations must conclude within seven days.
- If case is already filed, accused may request reinvestigation with similar rights.
Municipal Court Composition and Operations
- The City of Manila shall have a municipal court staffed by eight judges.
- An executive judge is chosen by the Secretary of Justice from the judges.
- Three judges are designated to handle traffic cases exclusively, ensuring continuous session from 8 A.M. to midnight.
- Each judge receives an annual salary of ten thousand pesos.
Prompt Judicial Processing of Arrested Persons
- All arrested persons must be brought promptly before the city fiscal, municipal court, or Court of First Instance for preliminary hearing or trial.
- For municipal court cases, defendants generally do not have an absolute right to a preliminary examination except for a summary hearing to fix bail if the prosecution is ready for trial within three days.
Effectivity
- The law takes effect immediately upon approval on September 2, 1954.