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[ Act No. 2108, January 30, 1912 ]

AN ACT AMENDING SECTION ELEVEN OF ACT NUMBERED EIGHTY-THREE, AS AMENDED, BY PROVIDING THAT ACTING PROVINCIAL FISCALS AND DEPUTY PROVINCIAL FISCALS SHALL BE MEMBERS OF THE BAR AND EXEMPT FROM CIVIL SERVICE EXAMINATION.

By authority of the United States, be it enacted by the Philippine Legislature, that:

SECTION 1. Section eleven of Act Numbered Eighty-three, entitled "A general Act for the organization of provincial governments in the Philippine Islands," as amended, is hereby further amended so that the last paragraph thereof shall read as follows: Acting provincial  "Whenever the provincial fiscal  is  absent  from  the  province, fiscals or fails or refuses to discharge his duty by reason of illness or other cause, or by reason of personal interest in a prosecution or other matter is disqualified to act therein as provincial fiscal, the judge of the Court of First Instance for the province is authorized and required to appoint an acting provincial fiscal, who shall be a lawyer who has been admitted by the Supreme Court to practice law in the courts of the Philippine Islands, and who shall be paid out of the provincial treasury the same compensation per day as that provided by law for the regular provincial fiscal for the days actually employed. The acting fiscal thus appointed shall discharge all the duties of the provincial fiscal as provided by law which the regular provincial fiscal fails or is Deputies.  The provincial  fiscal of  any province may, by authority of the provincial board, have a deputy fiscal, who shall be a lawyer who has been admitted by the Supreme Court to practice law in the courts of the Philippine Islands, and a clerk or clerks, to be appointed by the provincial fiscal, at such salaries, out of the provincial treasury, as may be allowed, with the concurrence of the Executive Secretary: Provided, That such clerk or clerks shall be selected in accordance with the rules and restrictions of the Civil Service Act; And provided further, That  persons so appointed acting provincial fiscal or deputy provincial fiscal shall not be required to have passed the Civil Service examination.

Enacted, January 30, 1912.
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