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[ Act No. 3043, March 10, 1922 ]

AN ACT TO AMEND SECTION TWENTY-FOUR HUNDRED AND SIXTY-FIVE OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND ELEVEN, KNOWN AS THE ADMINISTRATIVE CODE, AUTHORIZING THE FISCAL OF THE CITY TO REQUEST THE AID OF THE DEPARTMENT OF LEGAL MEDICINE OF THE COLLEGE OF MEDICINE AND SURGERY OF THE UNIVERSITY OF THE PHILIPPINES IN THE INVESTIGATION OF MEDICO-LEGAL MATTERS, IN CASES WHERE HE MAY DEEM THIS TO BE NECESSARY FOR THE PROPER PERFORMANCE OF HIS DUTIES, AND FOR OTHER PURPOSES

Be it enacted  by the Senate  and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1.  Section twenty-four hundred and sixty-five of Act Numbered Twenty-seven hundred and eleven, known as the Administrative  Code, is hereby amended to read  as follows:

"SEC. 2465.  Duties of the fiscal of the city—Assistants. The  law department shall consist of the fiscal of the city and such number of assistants as he may require  not exceeding six, who shall discharge their duties under the general  supervision of the  Attorney-General.   The fiscal  of the city shall  be the chief legal adviser of the city and  all offices and departments thereof; shall represent the city in all civil cases  wherein the city or any officer thereof in his official capacity is  a party;  shall attend,  when required, meetings of the Board, draw ordinances, contracts, bonds, leases and other documents involving any  interest of the city, and inspect and pass upon all such documents already drawn; shall  give his opinion in writing when  requested by the mayor or Board  upon any question  relating to the city, or the rights or duties of any city officer; 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 the same and report to the mayor; 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 to or connected with any city  office or  interest.  He  shall also  have charge of the prosecution  of all crimes, misdemeanors, and violations of city ordinances, in the  Court  of First Instance  and the municipal court of the city,  and shall discharge all the duties in respect to criminal prosecutions enjoined by law upon provincial fiscals.

"The fiscal  of the city shall cause to be investigated  all charges of  crimes, misdemeanors, and violations  of  ordinances, and have the necessary informations or complaints prepared or made 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, summon witnesses to appear and testify under oath before him, and the attendance or evidence of an absent or recalcitrant witness may be  enforced by application to the municipal court or the Court of First Instance. No witness summoned  to testify under this section shall be under obligation to give any testimony tending to criminate himself, and no testimony elicited from a  witness by such examination under oath before the fiscal of the city or his assistants under this section shall be used against such witness in any prosecution pending or  thereafter instituted against him.

"The fiscal of the city shall  also cause to be investigated the causes of sudden deaths which have not been satisfactorily explained and when there is suspicion that the causes arose from the unlawful acts or omissions of other persons, or from foul play.   For that purpose,  he may cause autopsies to be made, and shall be entitled to demand and receive for purposes of such investigations or  autopsies, subject to the rules and conditions previously established by mutual agreement between the Secretary of Justice and the Board of Regents of the University of the Philippines, the aid of the department of legal medicine of the College of Medicine and Surgery of the University of the Philippines.  In case the fiscal  of the city deems it necessary  to have further expert  assistance for the satisfactory performance of his duties in relation with  medico-legal matters or  knowledge, for including the giving of medical testimony in the courts of justice, he shall request the same, in the same manner and subject to the same rules and  conditions as above specified, from the head of said department  of legal medicine of the College of Medicine and Surgery of the University of the Philippines,  who shall  thereupon furnish the  assistance required, in accordance with his  powers and facilities.  He shall at all times render such professional services as the mayor  or Board may require, and shall have such powers and perform such other duties as may be prescribed by law or ordinance.  There shall be such assistant fiscals as may be from  time to time provided for in appropriation ordinances."

SEC.  2. This Act shall take effect on  its approval.

Approved, March 10,  1922.
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