[ Act No. 3169, October 16, 1924 ]

AN ACT TO AMEND SECTION TWENTY-FOUR HUNDRED AND SIXTY-FIVE OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND ELEVEN, KNOWN AS THE ADMINISTRATIVE CODE, AS AMENDED BY ACT NUMBERED THREE THOUSAND AND FORTY-THREE

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. The fiscal of the  city—His  assistants—His duties.—The law  department  shall consist  of the fiscal of the city and of seven  assistants, 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 subpoena summon witnesses to appear  and testify under 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, 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.

"The fiscal of the  city  and his  assistants shall receive the salaries hereinafter set forth,  which shall  be paid by the City of Manila:

" (a)  Fiscal of the city,  nine thousand pesos per annum;

" (b)  First assistant fiscal, six thousand pesos per annum;

"(c)  Second assistant fiscal, five thousand five hundred pesos per annum;

"(d)  Third  assistant  fiscal, five  thousand   pesos  per annum;

"(e)  Fourth assistant fiscal, four thousand  eight hundred pesos per annum;

"(f)  Fifth assistant fiscal, four thousand five hundred pesos per annum;

"(g)  Sixth assistant fiscal, four thousand two hundred pesos per annum;

" (k)  Seventh  assistant fiscal, four thousand pesos per  annum."

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

Approved, October 16,  1924.