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
1. Sections 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 Sections 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 Sections 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.