Creation of Office of State Attorneys

The President appoints the Chief, Assistant Chiefs, and the sixteen State Attorneys with the concurrence of the Commission on Appointments.
A person must have at least 10 years of trial court practice to be appointed Chief or Assistant Chief.
A person must have at least 5 years of trial court practice in the Philippines to be appointed as a State Attorney.
Appointments may consider equitable representation of provinces in the Office by taking into account the provinces’ representation already existing in the offices of the provincial fiscals.

Section 2 provides that the Chief, Assistant Chiefs, and State Attorneys have the same powers as the provincial or city fiscal as provided by law.
The State Attorney must only assist or collaborate with the provincial fiscal or city attorney unless the Secretary of Justice expressly directs and authorizes otherwise.
The Chief of the Office and the State Attorneys must perform other duties assigned by the Secretary of Justice in the interest of public service.

Section 2 requires that for crimes cognizable by the Court of First Instance, no complaint or information shall be filed without first giving the accused a chance to be heard in a preliminary investigation.
The accused must be subpoenaed and must appear before the investigating State Attorney.
The accused must be given the right to cross-examine the complainant and the complainant’s witnesses.
The preliminary investigation must be held at the capital of the province where the crime was committed.
The State Attorney must certify under oath in the information to be filed that the defendant was given a chance to appear on his behalf or by counsel.

Section 2 bars a second preliminary investigation when a preliminary investigation has already been conducted by a Justice of the Peace.
The bar applies only when the Justice of the Peace has found at least a prima facie case.
When the bar applies, the State Attorney may not conduct another preliminary investigation.
In cases where another preliminary investigation is permitted, Section 2 authorizes the State Attorney to summon witnesses, require appearances and testimony under oath, and/or issue subpoena duces tecum.

Section 2 authorizes enforcement of the attendance of absent or recalcitrant witnesses who may be summoned or whose testimony may be required by the State Attorney.
Enforcement is done by proper process directed to the corresponding Court of First Instance.

Section 2 allows any State Attorney in criminal cases to request the assistance of any law enforcement or investigation agency of the government.

Section 3 requires that the Office of State Attorneys be provided with subordinate personnel authorized by the appropriation law.
Section 4 provides that upon the organization of the Office, the Prosecution Division in the Department of Justice is deemed abolished.
Section 4 mandates that the Prosecution Division’s properties, furniture, equipment, and records are transferred to the Office of State Attorneys.

Section 5 authorizes appropriation, out of any funds of the National Treasury not otherwise appropriated, the amount of PHP 300,000 for:
- salaries of the State Attorneys and their personnel, and
- maintenance of the Office.

Section 6 states that Republic Act No. 1198 takes effect upon approval.
The Act was approved on August 28, 1954.