Law Summary
SECTION 1: Amendment of Section 1674 - Assistant Provincial Fiscals
Legal Principle: This section outlines the number of assistant provincial fiscals to be appointed in various provinces and their respective salaries.
Key Definitions:
- "Assistant Provincial Fiscal": A legal officer who assists the provincial fiscal in the discharge of duties.
Important Requirements:
- Appointment by the President of the Philippines with the consent of the Commission on Appointments.
- Eligibility criteria: Must be a Filipino citizen, admitted to practice law, and have at least five years of actual practice.
Salaries:
- First Assistant Provincial Fiscal in first-class provinces: ₱4,500 per annum.
- Second Assistant Provincial Fiscal in first-class provinces: ₱4,250 per annum.
- Other assistant provincial fiscals: ₱3,600 per annum across various province classifications.
Reappointment Clause:
- Incumbent assistant provincial fiscals with prior approval by the Commission on Appointments are deemed reappointed and confirmed.
Key Details: • Number of assistant provincial fiscals varies by province (e.g., Cebu has 7, while several provinces have 1). • Salaries to be included in the province's annual budget. • The law provides a clear structure for fiscal positions across provinces.
SECTION 2: Amendment of Section 1687 - Authority of Fiscal to Conduct Investigations
Legal Principle: This section grants provincial fiscals the authority to conduct criminal investigations and prepare complaints against individuals charged with crimes.
Key Definitions:
- "Provincial Fiscal": A legal officer responsible for prosecuting criminal cases at the provincial level.
Important Requirements:
- Provincial fiscals must conduct proper investigations and may summon witnesses to testify.
- Witnesses cannot be compelled to incriminate themselves.
- Investigations into sudden deaths with suspected foul play are mandated.
Procedures:
- Provincial fiscal can summon witnesses with proper notification.
- Enforcement of attendance through judicial process is allowed.
- Autopsies can be ordered with assistance from relevant health authorities.
Key Details: • The provincial fiscal must prepare information against accused individuals after due investigation. • The law outlines the process for handling sudden unexplained deaths. • Witnesses have rights against self-incrimination.
SECTION 3: Effectivity
- Legal Principle: This section states the act's effectivity upon approval.
- Key Details: • The law is effective from June 18, 1952, upon approval.
Key Takeaways
- Republic Act No. 732 amends provisions regarding the appointment and responsibilities of assistant provincial fiscals in the Philippines.
- It establishes clear guidelines for the number and salary of assistant provincial fiscals, alongside their appointment processes.
- It empowers provincial fiscals with investigative authority, particularly in criminal cases and sudden deaths, ensuring due process and witness protection.
- The law emphasizes the importance of fiscal oversight in legal matters at the provincial level, enhancing the administration of justice in the regions.