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[ Commonwealth Act No. 537, May 26, 1940 ]
AN ACT TO AMEND SECTION TWENTY-FOUR HUNDRED AND SIXTY-FIVE OF THE ADMINISTRATIVE CODE, AS AMENDED, TO STANDARDIZE THE SALARIES OF ASSISTANT FISCALS FOR THE CITY OF MANILA.
Be it enacted by the National Assembly of the Philippines:
SECTION. 1. Section twenty-four hundred and sixty-five of the Administrative Code, as amended, is further amended to read as follow:
"SEC. 2465. The fiscal of the city - His assistants - His duties. - The law department shall consist of the fiscal of the city and of twenty-two assistant- fiscals, who shall discharge their .duties under the general supervision of the Secretary of Justice. 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 tine 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 information's 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 i incriminate 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 cause of sudden deaths which have not been satisfactorily explained and when there is suspicion that the cause arose from the unlawful acts or omissions of other persons, or foul play. For that purpose, he may cause autopsies to be made, and shall entitled to demand and receive for purposes of such investigations or autopsies, subject to the rules and conditions previously established by the Secretary of Justice, the aid of the medico-legal section of the Division of Investigation of the Department of Justice. 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, 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 medico-legal officer of the said division, who shall thereupon furnish the assistance required, in accordance with his powers and facilities. He shall at 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.
The fiscal of the city and his assistants shall receive the salaries hereinafter set forth, which shall be paid by the City of Manila:
Approved, May 26, 1940.
SECTION. 1. Section twenty-four hundred and sixty-five of the Administrative Code, as amended, is further amended to read as follow:
"SEC. 2465. The fiscal of the city - His assistants - His duties. - The law department shall consist of the fiscal of the city and of twenty-two assistant- fiscals, who shall discharge their .duties under the general supervision of the Secretary of Justice. 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 tine 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 information's 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 i incriminate 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 cause of sudden deaths which have not been satisfactorily explained and when there is suspicion that the cause arose from the unlawful acts or omissions of other persons, or foul play. For that purpose, he may cause autopsies to be made, and shall entitled to demand and receive for purposes of such investigations or autopsies, subject to the rules and conditions previously established by the Secretary of Justice, the aid of the medico-legal section of the Division of Investigation of the Department of Justice. 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, 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 medico-legal officer of the said division, who shall thereupon furnish the assistance required, in accordance with his powers and facilities. He shall at 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.
The fiscal of the city and his assistants shall receive the salaries hereinafter set forth, which shall be paid by the City of Manila:
SEC. 2. This Act shall take effect upon its approval.
- Fiscal of the.city, nine thousand pesos per annum;
- One assistant fiscal, seven thousand two hundred pesos per annum;
- Two assistant fiscals, six thousand pesos per annum each;
- Two assistant fiscals, five thousand one hundred pesos per annum each;
- Two assistant fiscals, four thousand five hundred pesos per annum each.
- Two assistant fiscals, three thousand nine hundred sixty pesos per annum each;
- One assistant fiscal, three thousand four hundred eighty pesos per annum;
- Two assistant- fiscals, two thousand.nine hundred forty pesos per annum each;
- Six assistant fiscals, two thousand five hundred eighty pesos per annum, each;
- Four assistant fiscals, two thousand four hundred pesos per annum each"
Approved, May 26, 1940.