AN ACT FURTHER AMENDING SECTIONS SIXTEEN HUNDRED SEVENTY-FOUR

Case Overview and Summary

Summary of Republic Act No. 1799

Assistant Provincial Fiscals
- Specifies the number of assistant provincial fiscals for each province in the Philippines. (Section 1674)
- Outlines the salaries for assistant provincial fiscals based on the classification of the province. (Section 1674)
• In first class provinces A and B: First assistant - ₱6,000/year, Second assistant - ₱4,800/year, Others - ₱4,200/year
• In first class provinces: First assistant - ₱4,800/year, Others - ₱4,200/year
• In second, third, fourth, and fifth class provinces: ₱4,200/year each
- Eligibility requirements: Philippine citizen, admitted to practice law, at least 5 years of actual practice prior to appointment. (Section 1674)
- Incumbent assistant provincial fiscals whose appointments were approved prior to this Act are deemed reappointed and entitled to the benefits of this Act. (Section 1674)

Salaries of Provincial Fiscals
- Specifies the salaries of provincial fiscals based on the classification of the province. (Section 1675)
• First class A provinces: ₱7,200/year
• First class B provinces: ₱6,900/year
• First class provinces: ₱6,600/year
• Second class provinces: ₱6,000/year
• Third class provinces: ₱5,700/year
• Fourth class provinces: ₱5,000/year
• Provinces below fourth class: ₱4,800/year
- Vacancies left by retired provincial fiscals shall be filled in accordance with this section. (Section 1675)

Authority of Fiscal, Assistant Fiscal, and Special Counsel
- Provincial fiscal, assistant provincial fiscal, and special counsel have authority to conduct investigations into crimes and misdemeanors. (Section 1678)
- They can prepare and file information or complaints against accused persons. (Section 1678)
- For offenses within the jurisdiction of the Court of First Instance, the accused is not entitled to a preliminary investigation if the fiscal or assistant fiscal certifies under oath that a proper preliminary investigation was conducted. (Section 1678)
- They can summon and examine witnesses under oath, with the accused's right to cross-examine. (Section 1678)
- They can enforce attendance of witnesses through the Court of First Instance. (Section 1678)
- No witness can be compelled to give self-incriminating testimony. (Section 1678)
- The provincial fiscal shall investigate unexplained sudden deaths and suspected unlawful acts or foul play. (Section 1678)
- The provincial fiscal can request autopsies and aid from the National Bureau of Investigation or district health officers. (Section 1678)

Effective Date
- This Act shall take effect upon its approval. (Section 2)