Title
Amendments on City Fiscal Offices and Departments
Law
Republic Act No. 1201
Decision Date
Sep 2, 1954
Republic Act No. 1201 amends and repeals certain sections of Republic Act No. 409, focusing on the supervision and control of city departments by the Mayor, the establishment of the Office of the City Fiscal, and the procedures for preliminary investigations and prompt appearances before a court.

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:
    1. Preliminary Investigation Division - handles all preliminary investigations of crimes and ordinance violations.
    2. Prosecution Division - responsible for prosecuting criminal cases and representing the city in civil suits.
    3. 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.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.