Section 1.
Section twenty of Republic Act Numbered four hundred nine is amended to
read as follows:
"Sec. 20.
City Departments. — There shall be the following city departments over
which the Mayor shall have direct supervision and control, except over
the Office of the City Fiscal which shall be under the Department of
Justice, any existing law to the contrary notwithstanding:
1. Department of Engineering and Public Works
2. Police Department
3. Office of the City Fiscal
4. Fire Department
5. Department of Finance
6. Department of Assessment
7. Department of Health
8. Department of Public Services
"The Board may from time to time make such re- adjustment of the duties
of the several departments as the public interest may demand."
Sec. 2. Article VIII of the same Act, including
section thirty-eight under said Article, is repealed and in lieu
thereof the following is inserted:
"ARTICLE VIII. The Office of the
City Fiscal
"Sec. 38. The City Fiscal and Assistant City
Fiscals. — There shall be in the Office of the City Fiscal one chief to
be known as the City Fiscal with the rank of a district judge, an
assistant chief to be known as the first assistant city fiscal, three
second assistant city fiscals, who shall be the chiefs of divisions,
and thirty-eight assistant fiscals, who shall discharge their duties
under the general supervision of the Secretary of Justice.
"The City Fiscal and his assistance shall receive the salaries
hereinafter set forth, which shall be paid by the City of Manila:
(a) City Fiscal, twelve thousand pesos per annum.cralaw
(b) First assistant city fiscal, eleven thousand
pesos per annum.cralaw
(c) Three second assistant city fiscals who shall be
the chiefs of the three divisions, ten thousand pesos per annum each.cralaw
(d) Three assistant fiscals, eight thousand four
hundred per annum each.cralaw
(e) Six assistant fiscals, six thousand six hundred
pesos per annum each.cralaw
(f) Six assistant fiscals, six thousand six hundred
pesos per annum each.cralaw
(g) Six assistant fiscals, six thousand pesos per
annum each.cralaw
(h) Six assistant fiscals, five thousand one hundred
pesos per annum each.
(i) Six assistant fiscals, five thousand one hundred
pesos per annum each.cralaw
(j) Five assistant fiscals, four thousand eight hundred pesos per annum
each."
"Sec. 38-A. Organization of the Office into three
divisions. — To promote a more efficient performance of the functions
and duties of the Office, the City Fiscal shall organize said office
into three divisions as follows:
(a) Preliminary Investigation Division which shall
have exclusive charge of the conduct of preliminary investigations of
all crimes and violations of city ordinances;
(b) Prosecution Division which shall have exclusive
charge of the prosecution of criminal cases and shall represent the
city in all civil cases wherein the city or any officer thereof in his
official capacity is a party; and
(c) Miscellaneous Division which shall render legal
opinions, draw ordinances, when required by the Board, contracts,
bonds, leases, and other documents involving any interest of the city,
and inspect and pass upon all such documents already drawn but pending
approval by the city officer concerned.cralaw
"The City Fiscal shall effect, from time to time, such changes in the
organization of the said three divisions as the exigencies of the
service demand. This organization shall be without prejudice to the
power of the City of Fiscal to designate any single assistant fiscal or
group of assistant fiscals to investigate and also prosecute the same
case or cases: Provided, That notwithstanding any provision herein to
the contrary, no assistant fiscal already holding office on passage of
this Act shall, by reason of any reorganization, be removed from office
or be demoted to a lower category or scale of salary except for cause
and upon the compliance of the due processes provided for by
law."
"Sec. 38-B. Duties of the City Fiscal. — The City
Fiscal shall be the chief legal advisor of the city and all offices and
departments thereof. He shall, personally or through any assistant,
represent the city in all civil cases wherein the city or any officer
thereof in his official capacity is a party; shall attend, when
required, meetings of the Board, draw ordinances, contracts, bonds,
leases, and other documents involving any interest of the city and
inspect and pass upon all such documents already drawn; shall give his
opinion in writing when requested by the Mayor or Board upon any
question relating to the city, or the rights or duties of any city
officer; shall, whenever it is brought to his knowledge that any city
officer or employee is guilty or neglect or misconduct in office, or
that any person, firm, or corporation holding or exercising any
franchise or public privilege from the city has failed to comply with
any condition, or to pay any consideration mentioned in the grant of
such franchise or privilege, investigate the same and report to the
Mayor; shall, when directed by the Mayor, institute and prosecute in
the city's interest a suit on any bond, lease, or other contract, and
upon any breach or violation thereof; and shall prosecute and defend
all civil actions related to or connected with any city office or
interest. He shall also have charge of the prosecution of all crimes
and violations of the city ordinances, in the Court of First Instance
and the municipal courts of the city, and shall discharge all the
duties in respect to criminal prosecutions enjoined by law upon
provincial fiscals.
"The City Fiscal shall cause to be investigated all charges of crimes
and violations of ordinances and have the necessary informations or
complaints prepared or made against the persons accused. He or any of
his assistants may conduct such investigations by taking oral evidence
of reputed witnesses, and for this purpose may issue subpoena, summon
witnesses, to appear and testify under oath before him, and the
attendance or evidence of any absent or recalcitrant witnesses may be
enforced by application to the municipal court or the Court of First
Instance. No witnesses summoned to testify under this section shall be
under obligation to give any testimony tending to incriminate himself.cralaw
"The City Fiscal shall also cause to be investigated the cause of
sudden deaths which have not been satisfactorily explained and when
there is suspicion that the cause arose from the unlawful acts or
omissions of other persons, or from foul play. For that purpose, he may
cause autopsies to be made, and shall be entitled to demand and receive
for purposes of such investigation or autopsies. subject to the rules
and conditions previously established by the Secretary of Justice, thed
of the medico-legal section of the National Bureau of Investigation. In
case the fiscal of the city deems it necessary to have further expert
assistance for the satisfactory performance of his duties in relation
with medico-legal matters or knowledge, including the giving of medical
testimony in the courts of justice, he shall request the same, in the
same manner and subject to the same rules and conditions as above
specified, from the medico-legal officer of the said bureau who shall
thereupon furnish the assistance required, in accordance with his
powers and facilities. He shall at all times render such professional
services as the Mayor or Board may require, and shall have such powers
and perform such other duties as may be prescribed by law or
ordinance."
"Sec. 38-C. Preliminary investigation of cases
cognizable by the Court of First Instance. — In all cases brought to
the Office of the City Fiscal involving crimes cognizable by the Court
of First Instance, where the accused is not already in the legal
custody of the police, no complaint or information shall be filed
without first giving the accused a chance to be heard in a preliminary
investigation, where such accused can be subpoenaed and appears before
the investigating fiscal, with the right to cross-examine the
complainant and his witnesses: Provided, That when the accused is
detained, he may ask for a preliminary investigation, but he must sign
a waiver of the provisions of Article One hundred twenty-five of the
Revised Penal Code, as amended: And, provided, further, That if the
case has already been filed in court, he may ask for a reinvestigation
thereof later on with the same right to cross-examine the witnesses
against him: Provided, finally, That notwithstanding such waiver, the
said investigation must be determined within seven days from his
inception."
Sec. 3. The first and last paragraphs of section
thirty-nine of the same Act are amended to read as follows:
"Sec. 39.
The Municipal Court. — There shall be a municipal court for the City of
Manila, for which eight judges shall be appointed. An executive judge
shall be chosen from among them, in such manner and at such times as
the Secretary of Justice may determine. Three judges shall be
designated by the Secretary of Justice to try traffic cases
exclusively, such judges so designated shall hold session in such
manner that there shall be one judge on duty from eight o'clock in the
morning until midnight.cralaw
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xxx
xxx
"The judges shall have a compensation of ten thousand pesos per annum
each."
Sec. 4. Section forty-seven of the same Act is
hereby amended to read as follows:
"Sec. 47.
Persons arrested to be promptly brought before a court. — Preliminary
examinations in city fiscals office, municipal court and Court of First
Instance. — Every person arrested shall, without unnecessary delay, be
brought before the city fiscal, the municipal court, or the Court of
First Instance for preliminary hearing, release on bail, or trial. In
cases triable in the municipal court the defendant shall not be
entitled as of right to a preliminary examination, except to a summary
one to enable the court to fix the bail, in any case where the
prosecution announces itself ready and is ready for trial within three
days, not including Sundays, after the request for an examination is
presented."
Sec. 5. This Act shall take effect upon its
approval.cralaw
Approved: September 2, 1954
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