Republic Act No. 1799

REPUBLIC ACT No. 1799

AN ACT FURTHER AMENDING SECTIONS SIXTEEN HUNDRED SEVENTY-FOUR, SIXTEEN HUNDRED SEVENTY-FIVE AND SIXTEEN HUNDRED EIGHTY-SEVEN OF THE REVISED ADMINISTRATIVE CODE, AS AMENDED BY REPUBLIC ACTS NUMBERED SEVEN HUNDRED THIRTY-TWO AND NINE HUNDRED EIGHTY-FOUR, SIX HUNDRED SIXTY-ONE AND SEVEN HUNDRED THIRTY-TWO, RESPECTIVELY.

Section 1. Sections sixteen hundred seventy-four, sixteen hundred seventy-five and sixteen hundred eighty-seven of the Revised Administrative Code, as amended by Republic Acts Numbered Seven hundred thirty-two and Nine hundred eighty-four, Six hundred sixty-one and Seven hundred thirty-two, respectively, are further amended so as to read as follows:

Section 2. This Act shall take effect upon its approval.

Approved: June 21, 1957

"Sec. 1674. Assistant Provincial Fiscals. In the following provinces there shall be assistant provincial fiscals in such numbers as are hereinafter provided:

Provided, That one assistant fiscal shall be assigned to the Subprovince of Siquijor with station of Larena; " Palawan, one assistant provincial fiscal;

Assistant provincial fiscals shall receive such salaries as hereinafter provided:

"Sec. 1675. Salaries of provincial fiscals. The provincial fiscals shall receive the salaries hereinbelow fixed:

"Provided, That vacancies left by provincial fiscals who retired or may retire under Act Numbered Two thousand five hundred and eighty-nine, entitled 'An Act providing for a gratuity by reason of retirement of officers and employees of the Philippine Government who have rendered satisfactory services during six continuous years or more, and for other purposes,' of any other retirement Act that may hereafter be enacted, shall be filled in accordance with the provision of this section."

"Sec. 1678. Authority of fiscal, assistant fiscal and special counsel to conduct investigation in criminal matter. The provincial fiscal, an assistant provincial fiscal and a special counsel appointed under section 1686 of this Code 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 charge 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 when the provincial fiscal himself, or an assistant provincial fiscal, or a special counsel, 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 or assistant provincial fiscal or special counsel 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 the 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, or assistant provincial fiscal, or special counsel under the authority herein conferred shall be enforced by proper process upon application to be made by the provincial fiscal, or assistant provincial fiscal, or special counsel 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 unlawful 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, the aid 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."