AN ACT AMENDING SECTION SIXTEEN HUNDRED EIGHTY-SIX OF THE REVISED ADMINISTRATIVE CODE

Case Overview and Summary

Summary of Republic Act No. 4007

Provisions on Appointing Additional Counsel to Assist Fiscal or Prosecuting Attorney:
- The Secretary of Justice can appoint a lawyer in the government service or a competent person not in public service to temporarily assist a fiscal or prosecuting attorney. (Section 1)
- The appointed counsel will have the same authority as the Solicitor General in assisting the fiscal or prosecuting attorney. (Section 1)
- If the appointed counsel is in public service but outside the jurisdiction of the Department of Justice, the appointment requires consent from the concerned Department Head. (Section 1)

Provisions on Permanent Appointment of Special Counsel:
- If a special counsel who is not in another government service is appointed to assist the provincial or city fiscal in general prosecution duties, and has continuously and efficiently served for at least four years, they shall be deemed permanently appointed. (Section 1)
- The permanently appointed special counsel can only be removed or separated from service for cause, as provided in the Civil Service Law, rules, and regulations. (Section 1)

Provisions on Compensation:
- If the appointed counsel is not in government service, they shall receive compensation not exceeding 30 pesos per day for the time employed, in addition to travel expenses. (Section 1)
- After six years of continuous and efficient service, a special counsel appointed to assist the provincial or city fiscal in regular duties shall automatically be entitled to the salary rate provided by law for the lowest rank or grade of assistant fiscal in the province or city. (Section 1)

Effectivity:
- The Act shall take effect upon its approval. (Section 2)