Section 1.
Section sixteen hundred and seventy-four of the Revised Administrative
Code, as amended by Republic Act Numbered Two hundred and eighty-two,
is further amended to read as follows:
"Section 1674.
Assistant Provincial Fiscals. — In the following provinces there shall
be assistant provincial fiscals in such numbers as are hereinafter
provided:
"Abra, one assistant provincial fiscal;
"Agusan, one assistant provincial fiscal;
"Albay, three assistant provincial fiscals;
"Antique, one assistant provincial fiscal;
"Bataan, one assistant provincial fiscal;
"Batangas, three assistant provincial fiscals;
"Bohol, three assistant provincial fiscals;
"Bukidnon, one assistant provincial fiscal;
"Bulacan, three assistant provincial fiscals;
"Cagayan, two assistant provincial fiscals;
"Camarines Norte, one assistant provincial fiscal;
"Camarines Sur, two assistant provincial fiscals;
"Capiz, two assistant provincial fiscals;
"Cavite, two assistant provincial fiscals;
"Cebu, seven assistant provincial fiscals;
"Cotabato, two assistant provincial fiscals;
"Davao, one assistant provincial fiscal;
"Ilocos Norte, two assistant provincial fiscals;
"Ilocos Sur, two assistant provincial fiscals;
"Iloilo, five assistant provincial fiscals;
"Isabela, one assistant provincial fiscal;
"Laguna, two assistant provincial fiscals;
"Lanao, two assistant provincial fiscals;
"La Union, two assistant provincial fiscals;
"Leyte, six assistant provincial fiscals;
"Marinduque, one assistant provincial fiscal;
"Masbate, one assistant provincial fiscal;
"Mountain Province, one assistant provincial fiscal;
"Nueva Ecija, four assistant provincial fiscals;
"Nueva Vizcaya, one assistant provincial fiscal;
"Occidental Mindoro, one assistant provincial fiscal;
"Oriental Mindoro, one assistant provincial fiscal;
"Occidental Misamis, one assistant provincial fiscal;
"Oriental Misamis, one assistant provincial fiscal;
"Occidental Negros, five assistant provincial fiscals;
"Oriental Negros, two assistant provincial fiscals;
"Palawan, one assistant provincial fiscal;
"Pampanga, four assistant provincial fiscals;
"Pangasinan, five assistant provincial fiscals;
"Quezon, three assistant provincial fiscals;
"Rizal, six assistant provincial fiscals;
"Romblon, one assistant provincial fiscal;
"Samar, three assistant provincial fiscals;
"Sorsogon, two assistant provincial fiscals;
"Sulu, one assistant provincial fiscal;
"Surigao, one assistant provincial fiscal;
"Tarlac, three assistant provincial fiscals;
"Zambales, one assistant provincial fiscal;
"Zamboanga, one assistant provincial fiscal.
"Assistant provincial fiscals shall receive such salaries as
hereinafter provided:
"(A) In first class provinces A and B, the first
assistant provincial fiscal, four thousand five hundred pesos per
annum, the second assistant provincial fiscal, four thousand two
hundred fifty pesos per annum; and the other assistant provincial
fiscals, three thousand six hundred pesos each, per annum;
"(B) In first class provinces, the first assistant
provincial fiscal, four thousand two hundred pesos each, per annum; the
other assistant provincial fiscals, three thousand six hundred pesos
each, per annum;
"(C) In second, third, fourth, and fifth class
provinces three thousand six hundred pesos each, annum;
"These Officers shall be appointed by the President of the Philippines
with the consent of the Commission on Appointments of the Congress of
the Philippines, and their salaries shall be paid by the provinces
concerned. The salary of the assistant provincial fiscal shall be
included in the annual appropriation of the province in the same manner
as the salary of the provincial fiscal. To be eligible for appointment
to this position, a person must be a citizen of the Philippines who has
been duly admitted to practice law in the Court of said Islands, and
has been in actual practice for at least five years, prior to his
appointment: Provided, however, That incumbent assistant provincial
fiscals whose appointments have been duly acted upon and approved by
the Commission on Appointments of the Congress of the Philippines prior
to the approval of this Act, shall be deemed reappointed and their
appointments confirmed and therefore, entitled to the benefits of this
Act."
Sec. 2. Section sixteen hundred and eighty-seven
of the Administrative Code is hereby amended to read as follows:
"Section 1687.
Authority of Fiscal to conduct investigation in criminal matter. — A
provincial fiscal shall have authority to conduct investigation into
the matter of any crime or misdemeanor and have the necessary
information or complaint prepared or made against persons charged with
the commission of the same. If the offense charged falls within the
original jurisdiction of the Court of First Instance, the defendant
shall not be entitled as a matter of right to preliminary investigation
in any case where the provincial fiscal himself, after due
investigation of the facts made in the presence of the accused if the
latter so requested, shall have presented an information against him in
proper form and certified under oath by the said provincial fiscal that
he conducted a proper preliminary investigation. To this end, he may,
with due notice to the accused, summon reputed witnesses and require
them to appear before him and testify and be cross-examined under oath
by the accused upon latter's request. The attendance or evidence of
absent or recalcitrant witnesses who may be summoned or whose testimony
may be required by the provincial fiscal under the authority herein
conferred shall be enforced by proper process upon application to be
made by the provincial fiscal to any Judge of First Instance of the
Judicial District. But no witness summoned to testify under this
section shall be compelled to give testimony to incriminate
himself.
"The Provincial 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 lawful 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 investigations or autopsies, thed of the
medico-legal section of the National Bureau of Investigation or of the
District Health Officer and the different presidents of the sanitary
divisions of the province."
Sec. 3. This Act shall take effect upon its
approval.
Approved: June 18, 1952
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