Title
Republic Act No. 732
Date
Jun 18, 1952
Republic Act No. 732 amends the Revised Administrative Code to specify the number of assistant provincial fiscals in different provinces in the Philippines and grants provincial fiscals the authority to conduct investigations into crimes and misdemeanors.
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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.

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