PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACTS
REPUBLIC ACT NO. 2642 - AN ACT
AMENDING SECTION TWENTY-TWO OF REPUBLIC ACT NUMBERED SEVEN HUNDRED
SIXTY, OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF TACLOBAN |
Section 1.
Section twenty-two of Republic Act Numbered Seven hundred sixty,
otherwise known as the Charter of the City of Tacloban, is amended to
read as follows: "Sec. 22.
The City Fiscal and Assistant City Fiscals � Powers and duties of the
fiscal. � The Law Department of the city shall consist of a city fiscal
and three assistant city fiscals who shall discharge their duties under
the general supervision of the Secretary of Justice. The city fiscal
and assistant city fiscals shall receive the salaries provided by
existing laws.
The city fiscal shall be the chief legal adviser of the city and all offices and departments thereof. He shall have the following general powers and duties: "(a) He shall, personally or through any assistant, represent the city in all civil cases wherein the city or any officer thereof, in his official capacity, is a party; and shall prosecute and defend all civil actions related to or connected with any city office or interest. "(b) He shall, when directed by the Mayor, institute and prosecute in the city's interest a suit on any bond, lease, or other contracts, and upon any breach or violation thereof. "(c) He shall,
when requested, attend meetings of the Board, draw ordinances,
contracts, bonds, leases, and other instruments involving any interest
of the city, and inspect and pass upon any such instruments already
drawn.
"(d) He shall give his opinion in writing, when requested by the Mayor or the Board or any of the heads of the city departments, upon any question relating to the city or the rights or duties of any officer thereof. "(e) He shall, whenever it is brought to his knowledge that any city officer or employee is guilty of neglect or misconduct in office, or that any person, firm, or corporation holding or exercising any franchise or public privilege from the city has failed to comply with any condition, or to pay any consideration mentioned in the grant of such franchise or privilege, investigate or cause to be investigated the same and report to the Mayor. "(f) He shall
cause to be investigated all charges of crimes, misdemeanors, and
violations of laws and city ordinances and have the necessary
informations or complaints prepared or made against the accused. He or
any of his assistants may conduct such investigations by taking oral
evidence of reputed witnesses, and for this purpose may, by subpoena or
subpoena duces tecum, summon witnesses to appear and testify under oath
before him, and the attendance of, or the production of documents and
other evidence by, an absent or recalcitrant witness may be enforced by
application to the municipal courts or to the Courts of First Instance.
No witness summoned to testify under this section shall be under
obligation to give any testimony tending to incriminate
himself.
"(g) He shall have charge of the prosecution of all crimes, misdemeanors and violations of laws and city ordinances triable in the Court of First Instance of Leyte and the municipal court of the city, and shall discharge all the duties in respect to criminal prosecutions enjoined by law upon provincial fiscals. "(h) He shall
also cause to be investigated the causes of sudden deaths which have
not been satisfactorily explained and when there is suspicion that the
cause arose from unlawful acts or omissions of other persons or from
foul play. For that purpose he may cause autopsies to be made in case
it is deemed necessary and shall be entitled to demand and receive for
the purpose of such investigations or autopsies thed of the city health
officer or the resident physician of the Leyte Provincial Hospital.
"(i) He shall at all times render such professional services as the Mayor or the Board may require, and shall have such powers and perform such duties as may be prescribed by law or ordinance. "(j) He shall perform the duties prescribed by law for register of deeds." Sec. 2. This Act shall take effect upon its approval. Approved: June 18, 1960 |
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