Republic Act no. 1198: an Act creating the office of State Attorneys in the Department of Justice and defining its powers and duties and authorizing the appropriation of funds therefor [Republic Acts]

Title

Language

English

Source

XIX (10) October 31, 1954

Year

1954

Subject

Attorneys general

Government attorneys

Public prosecutors

Republic Act 1198

Philippines. Department of Justice

Rights

In Copyright - Educational Use Permitted

Abstract

The Republic Act 1198 created the office of State Attorneys in the Department of Justice and will define the power, the duties and will also authorize the appropriation of its funds. State attorneys shall be appointed by the President of the Philippines with the concurrence of the Commission on Appointments, they shall perform other duties in the public service that may be assigned to them from time to time by the Secretary of Justice.

Fulltext

REPUBLIC ACTS REPUBLIC ACT NO. 1198 AN ACT CHEATING . THE OFFICE OF STATE ATTORNEYS IN THE DEPARTMENT OF JUSTICE AND DEFINING ITS POWERS AND DUTIES AND AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR. 8t' it enacted by the Senale and Houst of Representatives of the Phili'PTJines in Congress assembled; SECTION 1. There shall be in the Department of J ustice an Office of State Attorneys composed of on(' chief, two assistant chiefs and sixteen state attorneys whose tc1 m of office shall expire on the thirty-first day of December, nineteen hundred and fifty-seven. The Chief of the OWce shall receive a salary of twelve thousand pesos 7Jc-r annum, and shall have the rank of Solicitor General. He sh:i!l he assisted by tw') Assii;tant Chief Attorneys who shall each receive a salary of nini; thousand pesos per aiznum and sixteen State Att.orncys who shall o,'!ach receive a s:l.lat·y of eight thousand !)esos per annum. The Chi('f anrl Assistant Chiefs of the Office of State Attornev~ and the sixteen State Attorneys shall be appointed by the Preside~t of the Philippines with the concurrence of the Commission on Appointment!-!. No one shall be appointed as Chief or Assistant Chief of the Ofricc of State Attorneys unless he has had at least ten years of trial court practice, and as State Attorney unless he has had at ll<ast five years of trial court practice in the Philippines; and appointment may take into account equitable representation of provinces in the Office, considering for this purpose the representation the provinces now already have in the offices of the provincial fiscals. SEC. 2. The Chief and Assistant Chiefs of the Office of State Attorneys and thP State Attorneys shall havp the same powers as the provincial or city fiscal as provided for by the Jaw: Provided, That the State Attornt!y shall only assist. or collaborate with tht! provmcial fiscal or city attorney unless otherwise expres~\y directed and authorizt!d by the Secretary of Justice. In a\J cases involving 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, Wht!re such accused shall be i;uhpoenaed and appears before thf'I investigating state attorney with the right to cross-examine the complainant and his witnesses. The preliminary investigation shall be held at the capital of the province where the crime was oommitted. The State Attorney shall certify under oath in the information to be filed by him that the defendant was given a chance to appear on his behalf or by counsel: Provided, however, That when a prehmi1iary investigation has already been conducted by thP Justice of the Pt!ace or the Provincial or City Fiscal and where such official has found at least a 1irima facie case, the State Attorney may not conduct another preliminary investigation. To this end, the Stat" Attorney may summon witnesses and require them to appear and tes tify under oath before him and/or issue 1mbpoena ditces tccztm. The attendance of absent or recalcitrant witnesses who may be sumn.oned or whose testimony may be required by the State Attorneys under the authority herein oonfe~Tcd shall be enforced by proper process upo11 application to the corresponding Court of First Instance. In the invPstigation of ci·iminal cases, any State Attorney shall be e11titled to request the assislance of any law enforcement or investigation agency of the government. The Chief of the Office of State Attorneys and the State AttoYneys shall perform such othei· duties n;; in the interest of the public service may be assigned tC' them from tim<' to time by the Set!retary of J ustice. SEC. 3. The Office or State Attorneys shall be provided with such subordinate personnel as may be authorized by the appropriation law. SBC. 4. Upon the organization of the Office of State Attorneys, the Prosecution Di\liSion in the Department of Justice shall be deemed abolished and its properties, furniture, equipment and records shall be transferred to the Office of State Attorneys. SEC, 6. There is hereby authorized to be appropriated, out of any funds of the National Treasury not otherwise appropriated, the. sum of three hundred thousand pesos for the salaries of the State Attorneys and their personnel and maintenance elf the Office. SEC, 6. This Act shall take effect upon its approval. Approved, August 28, 1954. REPUBLIC ACT NO. 1080 AN ACT DECLARING THE BAR AND BOARD EXAMINATIONS AS CIVIL SERVICE EXAMINATIONS. Be it enat:"ted by the Senat.e and House of Representatives of the Philippines in Congress cssembled: SECTION 1. The bar examinations and the examinations given l;y the various boards of examiners of the Government are declared as civil service examinations, and shall, for purposes of appointment tr. positions in the classified service the duties of which involve knowJ. edge of the respective professions, except positions requiring highly specialized knowledge not covered by the nrdinary board examinationa, be considered as equivalent to the first grade regular examination given by the Bureau of Civil Service if the profession requires at least four years of study in college and the person l1as practiced his professiDn for at least hvo years, and as equii•al<'nt to the second grade regular examination if the provision requires less than !our years of college study. SEC. 2. 'l'he Commissioner of Civil Service shall be furnished by the CIP.rk 0f the Supreme Court and the Secretary of lhe Board of Examiners a list of the successful candidates in the respl?(:five bar or board examinations with their general averages, and preference shall be given to those cbtaining the highest ratings in making appointments: Provided, That for those who have already passed the corresponding bar or board examinations, the eligibility shall be deemed to commence from the approval of this Act. SEC. 3. The Commissioner of Civil Service shall promulgate the rules and regulatiDns to implement the provisions of this Act. SEC. 4. The benefits granted under this Act shall not prescn"'be, the provisions of civil service law or regulations notwithstanding. SEC. 5. This Act shall take P .ffcct upon its approval. Approved, June 15, 1954, OPINION NO. 129 . (Continued from vage 499) ditir::s not included in the list are nut governed by the cited presidential decree <Section 11) , it is believed that the exportation of rice bran may net be controlled or restricted by the Export Control Committee. The need for the conservation of rice bran for local consumJ1tion underscored by the Direct-Or of Animal Industry as essential to the campaign for increased production of pouh ry and livestock d0es not supply legal basis for the Export Control Committee to control nr restrict its exportation. Necessily does not create power. Neither docs it afford legal ju<;tification for the exercise of a power vested in some other authority. The President, not the Export Control Committee, is the authority designated by statute to implement and carry out the policy expressed in the Export Control L11w and the Committee, as thereby created, mercJy usista the PresidPnt in its execution and nes to it that the rules and regulation!; issued thereunder 1\r~ observed and carried out. lf there is such an urgent need for restricting or controlling the ex1 mrtation of ricr. bran, the remedy lies in the President who may 11rohibit or regulate its exportation thru the issuance of the aprropriate amendatory executi\·.:: order. But until then, it is my opinion that rice bran may be exported even without applying for n permit from the President. Respectfully, PEi>RO TUASON Secretary of Justice October 31, 1964 THE LAWYERS JOURNAL 527

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