Title
Supreme Court
Creation of Office of State Attorneys
Law
Republic Act No. 1198
Decision Date
Aug 28, 1954
Republic Act No. 1198 established the Office of State Attorneys in the Philippines, consisting of a chief, assistant chiefs, and state attorneys, with powers similar to provincial or city fiscals, to conduct preliminary investigations and assist in criminal cases, while being appointed by the President with the concurrence of the Commission on Appointments.

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.

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