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ACT NO. 1860
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Republic Acts :
|REPUBLIC ACT NO. 1860 - AN ACT TO
AMEND SECTION THIRTY-EIGHT AND THIRTY-EIGHT-A OF REPUBLIC ACT NUMBERED
FOUR HUNDRED NINE, AS AMENDED BY REPUBLIC ACTS NUMBERED ONE THOUSAND
TWO HUNDRED ONE AND ONE THOUSAND FIVE HUNDRED SEVENTY-ONE, AND FOR
Section thirty-eight of Republic Act Numbered Four hundred nine, as
amended by Republic Acts Numbered One thousand two hundred one and One
thousand five hundred seventy-one, is hereby further amended to read as
"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 assistant city fiscal, three second assistant city fiscals who shall be the chiefs of divisions, and fifty-two assistant fiscals, who shall discharge their duties under the general supervision of the Secretary of Justice. To be eligible for appointment as 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:
"(a) City Fiscal, twelve thousand pesos per annum.cralaw
"(b) First assistant city fiscal, eleven thousand six hundred pesos per annum.cralaw
"(c) Three second assistant city fiscals who shall be the chiefs of the three divisions, eleven thousand pesos per annum each.cralaw
"(d) Six assistant fiscals, ten thousand pesos per annum each.
"(e) Six assistant fiscals, nine thousand pesos per annum each.cralaw
"(f) Six assistant fiscals, eight thousand four hundred pesos per annum each.
"(g) Six assistant fiscals, eight thousand one hundred pesos per annum each.cralaw
"(h) Six assistant fiscals, seven thousand six hundred pesos per annum each.cralaw
"(i) Six assistant fiscals, seven thousand two hundred pesos per annum each.cralaw
"(j) Six assistant fiscals, six thousand six hundred pesos per annum each.cralaw
"(k) Ten assistant fiscals, six thousand pesos per annum each."
Sec. 2. Section thirty-eight-A is hereby amended to read as follows:
"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.cralaw
"(b) Prosecution Division which shall have exclusive charge of the prosecution of criminal cases; and
"(c) Miscellaneous Division which shall represent the city in all civil cases wherein the city or any officer thereof in his official capacity is a party, render opinions, draw ordinances when required by the Board, contracts, bonds, and inspect and pass upon all such documents already drawn but pending approval by the city officer concerned.
"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 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, all of the assistant fiscals occupying the positions affected by the amendments embodied in this Act at time of the approval hereof shall continue to occupy said positions and discharge the duties and functions thereof and receive the corresponding salary increases without the necessity of any new appointment."
Sec. 3. This Act shall take effect upon its approval.cralaw
Approved: June 22, 1957