The Mayor as the chief executive of the local government unit, shall exercise powers and perform duties for efficient, effective and economical governance. One of his functions is appointing officials and employees, the purpose of which is the proper handling of the local government unit for the general welfare of the city and its inhabitants. To help implement the basic services and properly discharge the duties and functions of the local government unit, the Legal Officer is appointed for the City Legal Office or Department. |
TERM
The term of the legal officer shall be coterminous with that of his appointing authority. The appointment of legal officer shall be mandatory for the provincial and city governments and optional for the municipal government.
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POWER AND DUTIES
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1.
| Formulate measures for the consideration of the Sangunian and provide legal assistance and support to the mayor, as the case may be in carrying out the delivery of basic services and provisions of adequate facilities. |
| 2. | Develop plans and strategies and upon approval thereof by the mayor, as the case may be, implement the same, particularly those which have to do with programs and projects related to legal services which the mayor is empowered to implement and which the Sangunian is empowered to provide |
| 3. | In addition to the foregoing duties and functions, the legal officer shall: |
| | (i) | Represent the local government unit in all civil actions and special proceedings wherein the local government unit or any official thereof, in his official capacity, is a party: Provided, that, in actions or proceedings where a component city or municipality is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party |
| | (ii) | When required by the mayor, draft ordinances, contract, bonds, leases and other instruments involving any interest of the local government unit and provide comments and recommendations on any instruments already drawn; |
| | (iii) | Render her opinion in writing on any question of law when requested to do so by the mayor; |
| | (iv) | Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office and recommend appropriate action to the mayor, as the case may be; |
| | (v) | Investigate or cause to be investigated any person. Firm or corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition in the grant of such franchise or privilege and recommend appropriate action to the mayor, as the case may be; |
| | (vi) | When directed by the mayor, initiate and prosecute, in the interest of the local government unit concerned, any civil action on any bond, lease or other contract upon any breach or violation thereof; and |
| | (vii)
| Review and submit recommendations on ordinances approved and executive orders issued by component unit; |
| 4. | Recommend measures to the Sangunian and advise the mayor, as the case may be, on all other matters related to upholding the rule of law; |
| 5. | Be in the frontline of protecting human rights and prosecuting any violations thereof, particularly those which occur during and in the aftermath of man-made or natural disasters and calamities; and |
| 6. | Exercise such other powers and perform such other duties and functions as may be prescribed by the law or ordinance. |
Legal Office