REPUBLIC ACT NO. 6027 - AN
ACT PROVIDING FOR ADDITIONAL ASSISTANT FISCALS IN THE OFFICE OF THE
CITY FISCAL OF THE CITY OF MANILA, ENLARGING AND REORGANIZING ITS
STAFF, AND FOR OTHER PURPOSES, BY FURTHER AMENDING REPUBLIC ACT
NUMBERED FOUR HUNDRED NINE, AS AMENDED
Section 1. Section s thirty-eight, thirty-eight-A, thirty
eight-B and thirty-eight-C of Republic Act Numbered Four hundred nine,
as amended, otherwise known as the Revised Charter of the City of
Manila, are hereby repealed and in lieu thereof the following are
enacted:
"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 an associate justice of the Court
of Appeals, an assistant chief to be known as the First Assistant City
Fiscal, with the rank of a judge of the Court of First Instance, six
second assistant city fiscals who shall each have the rank of a judge
of the Court of First Instance, who shall be the chiefs of divisions
and one hundred seventy-two assistant fiscals who shall discharge their
duties under the general administrative supervision of the Secretary of
Justice. The City Fiscal, the First Assistant City Fiscal, the six
second assistant city fiscals, and the assistant fiscals shall be
appointed by the President of the Philippines with the consent of the
Commission on Appointments. The qualifications of the City Fiscal shall
be the same as those provided for members of the Court of Appeals. To
be eligible for appointment as first assistant city fiscal and second
assistant city fiscal, one must be a citizen of the Philippines and
must have practiced law in the Philippines for a period of not less
than ten years or held during a like period an office in the Philippine
Government requiring admission to the practice of law as an
indispensable requisite. To be eligible for appointment as assistant
fiscal, one must be a citizen of the Philippines and must have
practiced law for at least five years prior to his appointment or held
during a like period an office in the Philippine Government requiring
admission to the practice of law as an indispensable requisite.
"The City Fiscal and his assistants shall receive the salaries
hereinafter set forth, which shall be paid by the City of Manila. The
City Fiscal shall be entitled to commutable representation expenses in
an amount which shall not be less than that provided for the department
heads, which shall be in addition to his salary; and his assistants
shall be entitled to representation expenses at the discretion of the
Municipal Board. The salaries of the City Fiscal and his assistants
shall be as follows:
"(a) City Fiscal, with a salary of thirty thousand
pesos per annum;
"(b) First Assistant City Fiscal, the salary of
twenty-six thousand pesos;
"(c) Six second assistant city fiscals, each the
salary of twenty-three thousand pesos;
"(d) Fifteen assistant fiscals, each a salary of
twenty-one thousand two hundred pesos;
"(e) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(f) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(g) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(h) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(i) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(j) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(k) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(l) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(m) Fifteen assistant fiscals, each a salary of six
hundred pesos less than that provided for in the next preceding
paragraph;
"(n) Twenty-two assistant fiscals, each a salary of
six hundred pesos less than that provided for in the next preceding
paragraph;
"Sec. 38-A. Duties of the City Fiscal. — The City
Fiscal shall be the chief city prosecutor and shall have the
responsibility and authority to investigate and prosecute all crimes
and offenses committed in the City of Manila. He shall have charge of
the prosecution of all crimes and violations of the city ordinances
filed with the Court of First Instance, the city courts and any other
courts that are now or may hereafter be organized, and in addition,
shall discharge all other duties in respect to criminal prosecutions
enjoined by law upon provincial fiscals.
"Whenever it is brought to his knowledge that a grave or less grave
felony has been committed within the jurisdiction of the City of Manila
by any individual or individuals, or by any organized group or
syndicate, or when public officials or employees are identified with
said group or syndicate, the City Fiscal shall cause the same to be
investigated by his assistant or authorized representative or by any
government police agency. For the purpose of such investigation, he
shall have the authority to require the aid of the Manila Police
Department, or subject to the rules and conditions previously
established by competent authority, the assistance of the National
Bureau of Investigation and the Philippine Army or Philippine
Constabulary: provided, that the assistance of the National Bureau of
Investigation, the Philippine Army or the Philippine Constabulary shall
be limited to the investigation and not to the maintenance of peace and
order.
"The City Fiscal shall cause to be investigated all charges of crimes
and violations of ordinances and shall cause to be filed the necessary
information or complaints against the person accused. He or his
assistants may conduct such investigation by taking oral evidence of
reputed witnesses, and for this purpose, may issue subpoena and
subpoena duces tecum to summon witnesses to appear and testify under
oath before him or bring the required papers or documents. Any one who,
without lawful excuse, fails to appear in spite of the issuance of a
subpoena or subpoena duces tecum or who, appearing in obedience to such
summons, refuse to make oath, give testimony or produce documents for
inspection, when thereunto lawfully required, shall be subject to
discipline as in the case of contempt of court and, upon petition by
the City Fiscal or any of his assistants, shall be punished for
contempt by the court having jurisdiction of the case in the manner
provided by law. For an offense cognizable by the Court of First
Instance, the City Fiscal or any of his assistant shall certify under
oath in the information to be filed by him that the defendant was given
a chance to appear to person or by counsel at said investigation and
that preliminary investigation in accordance with law has been
conducted by the Office of the City Fiscal: provided, that no assistant
fiscal may file an information except with the prior approval of the
City Fiscal: provided, further, that any provision of law to the
contrary notwithstanding, the recommendation of dismissal of a case by
the investigating fiscal may be reversed by the reviewing fiscal who
may, with the authority of the City Fiscal, file the corresponding
information or complaint with the court on the basis of the evidence
adduced during the preliminary investigation and/or additional evidence
received by him. No witness summoned to testify under this section
shall be under obligation to give any testimony tending to incriminate
himself.
"The City Fiscal shall also cause to be investigated the cause of
sudden deaths which has not been satisfactorily explained or whose
cause or causes are suspected to arise from the unlawful acts or
omissions of other persons, or from foul play, and in general, victims
of violence, sex crimes, accidents, self-inflicted injuries,
intoxications, drug addictions, states of malingering and mental
disorders, which occur within the jurisdiction of the City of Manila,
for the purpose of examining the evidence and obvious marks of crimes.
For such purpose, he may cause autopsies to be made and he shall have
the authority to require the aid of the Office of the Medical Examiner,
or the Criminal Investigation Laboratory of the Manila Police
Department, or subject to the rules and conditions previously
established by the Secretary of Justice, the aid of the Medico-Legal
Section of the National Bureau of Investigation and the Medico-Legal
Section of the Crime Laboratory of the Philippine Constabulary to
accomplish such investigations, examinations and autopsies.n case the
City Fiscal 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, be shall have authority to require
the same, in the same manner and subject to the same rules and
conditions as above specified, from the Office of the Medical Examiner,
or the Criminal Investigation Laboratory of the Manila Police
Department, or from the Medico-Legal Officer of the National Bureau of
Investigation or the Philippine Constabulary, 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 the law or ordinance:
provided, that the functions performed by the City Fiscal as Legal
Adviser and Legal Officer for civil cases of the city shall be
transferred to the City Legal Officer and all civil cases pending at
the time of the effectivity of this amendatory Act shall be transmitted
to the Office of the City Legal Officer.
"Sec. 38-B. Duties of the First Assistant City Fiscal
and the organization of the Office into six divisions. — The First
Assistant City Fiscal shall have the following duties:
"(1) To conduct studies and render periodic reports
to the City Fiscal designed to improve the performance of each
division;
"(2) To render to the City Fiscal as often as
practicable, a report on the integrity, competence and efficiency of
the chiefs of divisions, the assistant fiscals and special counsels;
"(3) To supervise together with the Chief of the
Opinion and Research Division the preparation of bound opinions of the
Office of the City Fiscal every year and the preparation of index cards
according to legal subjects on monthly decisions of the Supreme Court,
whether civil, criminal or administrative; and
"(4) To perform such other duties as may from time to
time be assigned to him by the City Fiscal.
"To promote a more efficient performance of the function and duties of
the Office, the City Fiscal shall organize said office into six
divisions as follows:
"(a) Prosecution Division — The Chief of the
Prosecution Division shall have the following duties:
"(1) To approve the release of detention prisoners
and release of evidence;
"(2) To review informations and complaints to be
filed with the Court of First Instance, the city courts, the Juvenile
and Domestic Relations Court and any other courts in the City of
Manila, and in case of disagreement with the action taken by the
Investigation Division, he shall reduce to writing the reason or
reasons for such disagreement and the same, together with all the
records, shall be forwarded to the City Fiscal for disposition;
"(3) To pass upon the accuracy of the list of
exhibits and the numbering of the documents forming part of the records
of a particular case; and
"(4) To perform such other duties as may from time to
time be assigned to him by the City Fiscal.
"(b) Investigation Division — The Chief of the
Investigation Division shall have the following duties:
"(1) To review, reverse, modify or approve
recommendations of the filing of information with the Court of First
Instance, Juvenile and Domestic Relations Court, City Court and with
any other courts in the City of Manila;
"(2) To review, reverse, modify or approve
recommendations for dismissal of cases after the investigation thereof
by the respective fiscals: provided, however, that whatever be the
nature of the action taken by him shall be referred to the City Fiscal
for disposition; and
"(3) To perform such other duties as may from time to
time be assigned to him by the City Fiscal.
"(c) Opinion and Research Division — The Chief of the
Opinion and Research Division shall have the following duties:
"(1) To assign official requests for opinions, civil,
administrative and criminal and such other subjects for study and
research as may be demanded by the exigencies of the service;
"(2) To review, modify and approve for the signature
of the City Fiscal the opinions and indorsement, studies and research
on a given subject prepared by an assistant fiscal through his division
chief for transmittal to the requisitioning official;
"(3) To cause to be prepared bound opinions of the
office every year;
"(4) To cause to be prepared index cards, arranged
according to legal subjects on monthly decisions of the Supreme Court,
whether civil, criminal or administrative; and
"(5) To perform such other duties as may from time to
time be assigned to him by the City Fiscal.
"(d) Reinvestigation Division — The Chief of the
Reinvestigation Division shall have the following duties:
"(1) To act on petitions for re-investigation;
"(2) To act on the findings and recommendations on
cases re-investigated: provided, however, that when his actions involve
the dismissal of a case in court, the same shall be referred to the
City Fiscal for disposition;
"(3) To order, when proper, the revival of cases
provisionally dismissed in court, and
"(4) To perform such other duties as may from time to
time be assigned to him by the City Fiscal.
"(e) Inquest Division — The Chief of the Inquest
Division shall have the following duties:
"(1) To determine daily the availability of inquest
fiscals and in case of illness of any of them, to designate immediately
a substitute for a particular day or night any fiscal who has not been
regularly appointed as inquest fiscals;
"(2) To demand from the docket section before
assignment, all cases sent for inquest and acted upon by inquest
fiscals during the previous night and examine the propriety of actions
taken by the respective inquest fiscals;
"(3) To modify, reverse or approve actions taken by
the inquest fiscals; and
"(4) To perform such other duties as may from time to
time be assigned to him by the City Fiscal.
"(f) Miscellaneous Division — The Chief of the
Miscellaneous Division shall have the following duties:
"(1) To assign cases for investigation;
"(2) To act on petitions for consolidation;
"(3) To pass upon petitions for revival in cases
where there was no trial on the merits;
"(4) To conduct continuous studies of the improvement
of the forms, criminal complaints or informations and cause to be
prepared a bound compilation of the same or the use by all
stenographers; and
"(5) To perform such other duties as may from time to
time be assigned to him by the City Fiscal.
"This organization shall be without prejudice to the power and
authority of the City Fiscal to revise, modify, change or reverse any
action made by the First Assistant City Fiscal and Chiefs of Divisions
and to designate any single assistant fiscal or group of assistant
fiscals to investigate and also prosecute the same case or cases or
perform any other duties that may be assigned to them.
"Sec. 38-C. Complementary Personnel. — The Office of
the City Fiscal shall have the following complementary personnel:
"(a) One Administrative Officer at P16,000.00 per
annum;
"(b) One Administrative Assistant at P14,000.00 per
annum;
"(c) One Budget and Disbursing Officer at P12,000.00
per annum;
"(d) One Chief, Records Division at P10,800.00 per
annum;
"(e) Two Stenographers' Supervisor, each at P9,600.00
per annum;
"(f) Two Assistant Stenographers' Supervisors, each
at P9,000.00 per annum;
"(g) Two Confidential Secretaries, each at P6,000.00
per annum;
"(h) Two Confidential Secretaries, each at P4,800.00
per annum;
"(i) One Supervising Budget Clerk at P8,400.00 per
annum;
"(j) Ten Supervising Clerks, each at P7,200.00 per
annum;
"(k) Ten Senior Clerks, each at P6,600.00 per annum;
"(l) Twenty Clerks II, each at P6,000.00 per annum;
"(m) Forty Clerks I, each at P4,800.00 per annum;
"(n) One Laborer at P4,200.00 per annum;
"(o) One Laborer at P3,960.00 per annum;
"(p) Forty Laborers, each at P3,720.00 per annum;
"(q) Three Stenographic Reporters, each at P8,400.00
per annum;
"(r) Sixty Stenographers, each at P7,200.00 per
annum;
"(s) Eighty Clerk-stenographers, each at P6,000.00
per annum;
"(t) Twenty Special Counsels, each at P12,200.00 per
annum;
"(u) Twenty Field Investigators, each at P10,200.00
per annum;
"(v) One Property Clerk at P7,200.00 per annum;
"(w) Fifteen Researchers, each at P8,400.00 per
annum;
"(x) One Librarian at P6,000.00 per annum;
"(y) One Assistant Librarian at P4,800.00 per annum;
"(z) One Personnel Officer at 9,000.00 per annum;
"The complementary personnel as hereinabove provided shall receive the
salary rates provided for in this Act, which shall be paid also by the
City of Manila: provided, that no employee of the Office of the City
Fiscal of Manila at the time of the approval of this Act shall, as a
consequence of the operation of this Act, be removed or separated from
the service except for cause as provided by law: provided, finally,
that any provision of the law to the contrary notwithstanding, the
appointment of any and all such complementary personnel shall be vested
in the Secretary of Justice, subject to existing Civil Service rules
and regulations.
"The City Fiscal may effect from time to time such changes in the
allocation of duties and personnel and in the organization of the
complementary personnel as the exigencies of the service may demand.
"Sec. 38-D. 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 change to be heard in a preliminary
investigation, where such accused can be summoned to appear before the
investigating fiscal, with the right to cross-examine the complainant
and his witnesses and to introduce evidence in his favor.f he cannot be
summoned by, or if summoned, he does not appear before the
investigating fiscal, the investigation shall proceed without him:
provided, that when the accused is detained and no information or
complaint has been filed against him, 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
notwithstanding such waiver, the said investigation must be terminated
within seven days from its inception: and provided, further, that if
the case has already been filed in court, he may ask for a
reinvestigation thereof within five days from the time he learns of the
filing of the information, with the same right to cross-examine the
witnesses against him and adduce evidence in his favor."
Sec. 2. Any provision of law to the contrary
notwithstanding, the incumbent city fiscal and his assistants and any
of the complementary personnel shall receive the salary rates provided
for in this Act: provided, that no incumbent fiscal whose appointment
has been duly confirmed by the Commission on Appointments of the
Congress of the Philippines at the time of the approval of this Act or
any of the complementary personnel shall, as a consequence of the
operation of this Act, be removed or separated from the service except
for cause as provided for by law.
Sec. 3. The incumbent fiscals under appointments
approved by the Commission on Appointments at the time of the approval
of this Act shall automatically and without need of new appointments
occupy the corresponding positions and receive the salaries provided in
this Act in the same grade that they now occupy in the scale of
positions in the Office of the City Fiscal: provided, that the
Secretary of Justice shall determine and establish the respective
positions, ranks and salaries of the incumbent assistant fiscals and
incumbent members of the complementary personnel: provided, finally,
that the incumbent city fiscals, assistant fiscals and incumbent
members of the complementary personnel shall receive their salary
adjustments without the need of any new appointments.
Sec. 4. This Act shall take effect upon its
approval.
Approved: August 4, 1969
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