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RA 1198 Section 2

RA 1198 Section 2

Section 2

SEC. 2. The Chief and Assistant Chiefs of the Office of State Attorneys and the State Attorneys shall have the same powers as the provincial or city fiscal as provided for by law: Provided, That the State Attorney shall only assist or collaborate with the provincial fiscal or city attorney unless otherwise expressly directed and authorized by the Secretary of Justice. In all cases involving crimes cognizable by the Court of First Instance, no complaint or information shall be filed without first giving the accused a chance to be heard in a preliminary investigation, where such accused shall be subpoenaed and appears before the investigating state attorney with the right to cross-examine the complainant and his witnesses. The preliminary investigation shall be held at the capital of the province where the crime was committed. The State Attorney shall certify under oath in the information to be filed by him that the defendant was given a chance to appear on his behalf or by counsel Provided, however, That when a preliminary investigate has already been conducted by the Justice of the Peace the Provincial or City Fiscal and where such official has found at least a prima facie case, the State Attorney may not conduct another preliminary investigation. To this end, the State Attorney may summon witnesses and requirements to appear and testify under oath before him and/or issue subpoena duces tecum. The attendance of absent or recalcitrant witnesses who may be summoned or whose testimony may he required by the State Attorneys under the authority in conferred shall be enforced by proper process upon location to the corresponding Court of First Instance. In the investigation of criminal cases, any State Attorney hall be entitled to request the assistance of any law enforcement or investigation agency of the government. The Chief of the Office of State Attorneys and the State Attorneys shall perform such other duties as in the interest if the public service may be assigned to them from time to time by the Secretary of Justice.

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Other provisions in RA 1198

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of July 4, 2026

CitationRA 1198 Section 2 (LawPlayer, data as of July 4, 2026)

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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