Law Summary
Powers, Duties, and Procedural Requirements
- State Attorneys possess the same powers as provincial or city fiscals.
- State Attorneys assist or collaborate with provincial fiscals or city attorneys unless expressly authorized otherwise by the Secretary of Justice.
- For criminal cases under the Court of First Instance's jurisdiction, complaints or informations cannot be filed without a preliminary investigation affording the accused an opportunity to be heard.
- The accused must be subpoenaed and allowed to cross-examine witnesses during the preliminary investigation.
- Preliminary investigations conducted at the provincial capital where the crime occurred.
- State Attorney must certify under oath in the filed information that the accused was given a chance to appear.
- If the Justice of the Peace, Provincial, or City Fiscal already conducted a preliminary investigation with a prima facie case, the State Attorney is not required to conduct another.
- State Attorneys have authority to summon witnesses and issue subpoenas duces tecum.
- Absentee or recalcitrant witnesses' attendance is enforceable through proper court process at the Court of First Instance.
- State Attorneys may request assistance from government law enforcement or investigative agencies.
- The Chief and State Attorneys perform additional duties assigned by the Secretary of Justice in the interest of public service.
Personnel and Resources
- Subordinate personnel for the Office shall be authorized by appropriation law.
Abolition of Previous Prosecution Division
- Upon organization of the Office, the Department of Justice's Prosecution Division is abolished.
- Its properties, furniture, equipment, and records transferred to the new Office of State Attorneys.
Appropriations
- Authorization of ₱300,000 from the National Treasury for salaries and maintenance of the Office and its personnel.
Effectivity
- The Act takes effect upon approval.