REPUBLIC ACT NO. 5156 - AN ACT
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY-SIX HUNDRED
SIXTY, KNOWN AS THE CHARTER OF THE CITY OF TAGBILARAN, AND FOR OTHER
PURPOSES
Section 1. Section s forty-two and forty-three of Republic Act
Numbered Forty-six hundred sixty is hereby amended to read as follows:
"Sec. 42. The City Fiscal and Assistant City Fiscals.
— Their powers and duties and duties. — There shall be in the Office of
the City Fiscal one chief to be known as the City Fiscal, an assistant
chief to be known as the First Assistant City Fiscal, one Second
Assistant City Fiscal and two Third Assistant City Fiscals who shall
discharge their duties under the direction and supervision of the City
Fiscal and the Secretary of Justice. To be eligible for appointment as
City Fiscal or Assistant City Fiscal, one must have practiced law in
the Philippines for at least five years prior to his appointment or
held, during a like period, an office in the Philippine Government
requiring admission to the practice of law as an indispensable
requisite.
"The City Fiscal and his assistants shall receive the salaries as
provided by existing laws or as hereinbelow fixed, whichever is higher:
"(a) City Fiscal, fifteen thousand pesos per annum of
which seven thousand two hundred pesos shall be paid by the City
Government and seven thousand eight hundred shall be paid by the
National Government.
"(b) First Assistant City Fiscal, eleven thousand
four hundred pesos per annum, of which four thousand eight hundred
pesos shall be paid by the City Government and six thousand six hundred
pesos shall be paid by the National Government.
"(c) Second Assistant City Fiscal, ten thousand eight
hundred pesos per annum, of which four thousand two hundred pesos shall
be paid by the City Government and six thousand six hundred shall be
paid by the National Government.
"(d) Third Assistant City Fiscals, nine thousand six
hundred pesos peer annum each, of which three thousand six hundred
pesos shall be paid by the City Government and six thousand pesos each
shall be paid by the National Government.
"(e) Other Assistant Fiscals, the positions of which
may be created by the City Board pursuant to the provisions of the next
succeeding section, seven thousand two hundred pesos each, half of
which shall be payable by the National Government and the other half by
the City Government.
"The City Fiscal shall be the chief Legal Adviser and Chief Prosecutor
of the city. He shall have the following 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, or wherein governmental,
monetary or proprietary interests of the city are involved.
"(b) He shall when requested, attend the meetings of
the City Board, draw ordinances, contracts, bonds, leases, and other
instruments involving any interest of the city and inspect and pass
upon any such instrument already drawn.
"(c) 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. Upon request, it shall be his duty to promptly
reexamine, review, study and pass upon the legality or propriety of any
resolution or ordinance enacted or proposed to be enacted by the City
Board and of any executive orders or circulars promulgated or proposed
to be promulgated by the City Mayor, and he shall thereafter inform the
City Board or the City Mayor, as the case may be, of any defect or
impropriety which he may discover therein and make such other comment
or criticism or recommendation as shall appear to him proper under the
circumstances.
"(d) 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
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 his findings and recommendations to Mayor. Upon
request of the proper authorities, he shall assist in the prosecution
of administrative charges against city officials and employees pursuant
to the provisions of the existing laws.
"(e) He shall, when directed by the Mayor, institute
and prosecute in the city's interest a suit on any bond, lease, or
other contract, and upon any breach or violation thereof, and shall
prosecute and defend all civil actions related or connected with, any
city office or interest.
"(f) He shall investigate all charges of crimes,
misdemeanors, and violation of laws and city ordinances and complaint
against the persons 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 or to produce
documents and other evidence before him, and the attendance of, or the
production of documents or other evidence of an absent or recalcitrant
witness may be enforced by application to the City Court or the Court
of First Instance. No witness summoned to testify under this section
shall be under obligation to give 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 City Court or Court of First Instance and shall discharge all
the duties in respect to criminal prosecutions enjoined by law upon
provincial fiscals.
"(h) He shall cause to be investigated the causes of
sudden deaths which have not been satisfactorily explained when there
is suspicion that the cause arose from unlawful acts or omissions of
other persons or from foul play and in general, victims of violence,
sex crimes, accidents, self-inflicted injuries, intoxication, drug
addiction, state of malingering and mental disorders which occur within
the jurisdiction of the city and the examination of evidences and
telltale marks of crimes. 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 and/or autopsies the aid
of the health authorities.
"In case the City Fiscal deems it necessary to have further expert
assistance for the satisfactory performance of his duties in relation
with medico-legal matters or knowledge including the giving of medical
testimony in the courts of justice, he shall request the same from the
Head of the Department of Legal Medicine and Surgery of the University
of the Philippines, or the aid of the Medico-legal Section of the
National Bureau of Investigation or of any other national police
agencies, which shall thereupon, furnish the assistance required in
accordance with its powers and facilities.
"(i) He shall at all times render such professional
services as the Mayor or Board may require, and act on all matters
wherein the City Government or any branch or office thereof, or its
officers, shall require the services of a lawyer, and shall have such
powers and perform such duties as may be prescribe by law or by
ordinance.
"(j) He shall discharge such other duties as may be
assigned to him or as may be directed by the Secretary of Justice in
connection with his functions as a government prosecutor.
"(k) He shall be entitled to demand and receive the
full cooperation and assistance of the City Police Department and other
offices of the city, and other national police agencies in matters or
cases under investigation or prosecution.
"(l) On his own or in cooperation and collaboration
with the Mayor, National Police Commission, National Bureau of
Investigation, Philippine Constabulary and/or other police agencies, he
shall from time to time initiate or actively assist in organizing,
holding and conducting training programs, seminars, and conferences of
the members of the city police force wherein matters on criminal law,
evidence, procedure, law enforcement, criminal investigation and/or
other allied subjects shall be taken up.
"(m) He shall exert efforts demanded by the
circumstances to effectuate prompt and speedy disposition of cases
being investigated, handled or prosecuted by his office.
"(n) He shall render reports on such matters and
manner required by the Secretary of Justice."
"Sec. 43. Additional assistants and employees. — To
assist the City Fiscal in the performance of his duties, he shall have
an administrative officer or a chief clerk, sufficient number of
stenographers, legal researchers, clerk-interpreters and records clerk,
a driver, and such clerk and other employees as shall be provided for
by the City Board, all of whom shall be appointed by the Mayor pursuant
to the provisions of Civil Service Law, rules and regulations, upon
recommendation of the City Fiscal.
"The City Board may create additional positions of Assistant City
Fiscals and/or Special Counsel through appropriation ordinance as
public interest may require, and the additional assistant fiscals or
special counsel may thereafter be designated or appointed by the
Secretary of Justice or the President, as the case may be, pursuant to
the provisions of existing laws upon recommendation of the City Fiscal
and the Executive Judge of the Court of First Instance of Bohol."
Sec. 2. The same Act is amended by inserting
between Section s forty-three and forty-four thereof a new section to be
known as Section forty-three-A to read as follows:
"Sec. 43-A. Organization of the Office of the City
Fiscal into Divisions. — To promote a more efficient performance of the
functions and duties of the office, the City Fiscal shall organize said
office into four divisions as follows:
"(a) Investigation Division which shall have charge
of the conduct of preliminary investigations and reinvestigations of
all crimes and violations of city ordinances.
"(b) Prosecution Division which shall have exclusive
charge of the prosecution of criminal, civil and administrative cases.
"(c) Legal Research Division which shall have charge
of preparing or drafting opinions, contracts, resolutions, ordinances
and other official legal papers and documents, when so requested by the
proper authorities pursuant to the provisions of this Charter.
"(d) Administrative Division, which shall have charge
of all the administrative duties and functions of the office.
"The City Fiscal shall have general supervision and direction of all
the divisions in his office, and may effect from time to time such
changes in the organization of the same as the exigencies of the
service demand. This organization shall be without prejudice to the
power of the City Fiscal to designate any single assistant fiscal or
group of assistant fiscals to investigate and also prosecute the same
case or cases, or to simultaneously assign assistant city fiscal to two
or more divisions, or to give assistant fiscals and employees
additional duties aside from those to which they have been regularly
assigned.
"The First Assistant City Fiscal shall discharge the duties of the City
Fiscal in case of the latter's absence, incapacity, or inability until
he resumes his post, or until a new city fiscal shall be appointed if
such position shall become permanently vacant; and in case of absence,
incapacity, or inability of both the City Fiscal and the First
Assistant City Fiscal, the Second Assistant City Fiscal shall discharge
the duties of the City Fiscal until either resumes his post or until a
new city fiscal shall be appointed if such position shall become
permanently vacant; Provided, however, That the Secretary of Justice
may designate the Provincial Fiscal of Bohol as Acting City Fiscal in
case of absence, incapacity, or inability of the City Fiscal to
discharge the functions of his office: Provided, further, That nothing
in this section shall be construed to curtail the President of the
Philippines or the Secretary of Justice of his power to designate an
acting city fiscal pursuant to the provisions of existing laws when the
City Fiscal is unable to perform the duties of his office owing to
illness, absence, or other cause or in case of permanent vacancy, nor
to deprive the Secretary of Justice of his authority to designate an
acting city fiscal in the manner and under the circumstances prescribed
by section sixteen hundred seventy-nine of the Revised Administrative
Code.
"Travel expenses, commutable gasoline allowance, and quarter allowance
of the City Fiscal, and other essential expenses incident to the
administration, operation and maintenance of the Office of the City
Fiscal shall be included in the annual budget of the city, unless by
provisions of existing law any of such expenses or allowances are
payable by the National Government: Provided, however, That nothing
herein shall be construed to prohibit the city from furnishing the City
Fiscal with appropriate motor vehicle necessary for his official travel.
"It shall be a mandatory obligation of the City Board to appropriate
funds in such amounts as may be necessary for the purchase of books,
office supplies, and equipment, furniture, and other articles essential
to efficient administration and operation of the City Fiscal's Office,
and to provide for the salaries of the City Fiscal, his assistants and
other personnel as herein provided or as may be provided by law or
ordinance.
"No items or positions in the Office of the City Fiscal shall be
abolished, or the corresponding salaries therefor diminished, unless in
pursuance of existing law and unless with the approval of the Secretary
of Justice upon recommendation of the City Fiscal.
Sec. 3. Section eighty-seven of the same Act is
amended to read as follows:
"Sec. 87. Regular, auxiliary, and acting judges of
the City Court. — There shall be a city court with two branches for the
City of Tagbilaran for which there shall be appointed and designated
two city judges and a city auxiliary judge. The city judges shall
receive their salaries and enjoy other privileges as provided for by
existing laws.
The City Court shall have the same jurisdiction in civil and criminal
cases and the same incidental powers as are at present conferred by law
upon municipal courts of provincial capitals and city courts of
chartered cities and such additional jurisdiction and powers as may
hereafter be conferred upon them by law or this Charter.
The Auxiliary City Judge shall discharge the duties in case of
temporary absence, incapacity, or inability of any of the City Judges
until the latter resumes his post, or until a new judge shall be
appointed where such absence, incapacity, inability or vacancy has
become permanent. During his incumbency, the Auxiliary City Judge shall
enjoy the powers, emoluments and privileges of the City Judge.
"In case of absence, incapacity or inability of both the City Judges
and the Auxiliary City Judge, the Executive Judge of the Court of First
Instance of Bohol shall designate two municipal judges of the adjoining
municipalities to preside over the branches of the City Court, and they
shall hold office temporarily until the regular incumbents resume their
post, or until new judges shall have been appointed in accordance with
the provisions of this Act. The Acting City Judges so designated shall
receive their salaries as provided for by existing laws.
"The City Board may create positions of additional judges of the City
Court through appropriation ordinances as public interest may require."
Sec. 4. The same Act is amended by inserting
between Section s ninety-three and ninety-four thereof a new section
ninety-three-A to read as follows:
"Sec. 93-A. Supervision of District Judges over the
City Judges of the City Court. — The Executive Judge of the Court of
First Instance of Bohol with station in the City of Tagbilaran, or if
there be none, the senior presiding judge in point of service in the
bench of any of the branches in the Court of First Instance of Bohol
with station in the City of Tagbilaran shall at all times exercise
supervision over the City Judges of the City Court of Tagbilaran in the
manner prescribed by section ninety-six of Republic Act Numbered Two
hundred ninety-six, as amended.
"Pertinent provisions of the Judiciary Act of 1948, as amended,
generally applicable to city judges and city courts shall be applicable
to the City Judges and City Court of the City of Tagbilaran in so far
as they are not inconsistent with the provisions of this Charter."
Sec. 5. For the purpose of paying the national
share of the City Fiscal and the additional positions of assistant city
fiscals herein created, there is hereby appropriated for the fiscal
year nineteen hundred sixty-eight, and annually thereafter, out of any
funds not otherwise appropriated, the amount of thirty-three thousand
pesos which shall be annually included in the lump sum appropriated for
salaries of provincial and city fiscals and their assistants in the
annual General Appropriations Act; and for the purpose of paying the
salaries of the two city judges and two clerks of the City Court of the
City of Tagbilaran, there is hereby appropriated the amount of
thirty-three thousand six hundred pesos for the same fiscal year, and
annually thereafter which shall likewise be included in the annual
General Appropriations Act.
Sec. 6. The City Board shall, upon approval of
this Act, appropriate the necessary amount to cover the whole salary of
the City Fiscal for the fiscal year nineteen hundred sixty-seven at the
rate provided by Section one of Republic Act Numbered Forty-one hundred
forty-two to enable him full payment of his compensation for the whole
period of actual services rendered.
Sec. 7. This Act shall take effect upon its
approval.
Enacted without Executive
approval, June 17, 1967.
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