Office of the Chief Special Prosecutor.
Section 17
SEC. 17. Office of the Chief Special Prosecutor. – There is hereby created in the Office of the Tanodbayan an Office of the Chief Special Prosecutor composed of a Chief Special Prosecutor, an Assistant Chief Special Prosecutor, and nine (9) Special Prosecutors, who shall have the same qualifications as provincial and city fiscals and who shall be appointed by the President; Provided, that the President may, in his discretion, designate the Chief State Prosecutor of the Ministry of Justice or any other ranking official in the prosecutory arm of the government as Ex-Officio Chief Special Prosecutor and/or Assistant Chief Special Prosecutor. Except when the offices of the Chief State Prosecutor and/or Assistant Chief Special Prosecutor are filled by designation or held in an ex-officio capacity as above-provided, in which case the incumbents shall not receive any additional compensation other than such allowances, per diems and traveling expenses as may be determined by the Tanodbayan in accordance with existing law, rules and regulation, the Chief Special Prosecutor shall have an annual compensation of P40,000.00, the Assistant Chief Special Prosecutor of P38,000.00, and Special Prosecutor of P34,000.00, which shall not be diminished during their continuance in office. The Chief Special Prosecutor, the Assistant Chief Special Prosecutor, and Special Prosecutors shall have the exclusive authority to conduct preliminary investigation of all cases cognizable by the Sandiganbayan; to file informations therefore and to direct and control the prosecution of said cases therein; Provided, however, that the Tanodbayan may, upon recommendation of the Chief Special Prosecutor, designate any fiscal, state prosecutor or lawyer in the government service to act as Special Prosecutor to assist in the investigation and prosecution of all cases cognizable by the Sandiganbayan who shall not receive any additional compensation except such allowances, per diems and traveling expenses as the Tanodbayan may determine in accordance with existing laws, rules and regulations. No publicity shall be allowed during one pendency of such preliminary investigation and the name of the complainant and the accused shall not be made public until an information is filed with the Sandiganbayan. The Chief Special Prosecutor, Assistant Chief Special Prosecutor, Special Prosecutors and Prosecutor/lawyers designated as herein provided shall have the authority to administer oaths, to issue subpoena and subpoena duces tecum, to summon and compel witnesses to appear and testify under oath before them and/or to bring books, documents, and other things under their control , and to secure the attendance or presence of any absent or recalcitrant witness through application before the Sandiganbayan or before any inferior or superior court having jurisdiction of the place where the witness or evidence is found. The Chief Special Prosecutor, Assistant State Prosecutor, Special Prosecutor and those designated to assist them as herein provided for shall be under the control and supervision of the Tanodbayan and their resolutions and actions shall not be subject to review by any administrative agency.