Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Attorney-General.
SEC. 40. Attorney-General.—There shall be an Attorney-General for the Philippine islands, to be appointed by the Philippine Commission, to serve during its pleasure, with a salary at the rate of five thousand five hundred dollars per annum, payable monthly.
Solicitor-General.
SEC. 41. Solicitor-General.—There shall be an officer learned in the law to assist the Attorney-General in the performance of all his duties, called the Solicitor-General, who shall be appointed by the Commission and shall be entitled to a salary of four thousand five hundred dollars a year, payable monthly. In case of a vacancy in the office of Attorney-General, or of his absence or disability, the Solicitor-General shall have power to exercise the duties of that office. Under the supervision of the Attorney-General, it shall be the especial duty of the Solicitor-General to conduct and argue suits and appeals in the Supreme Court, in which the Philippine Government is interested, and the Attorney-General may, whenever he deems it for the interest of the Philippine Government, either in person conduct and argue any ease in any court of the Philippine Islands in which the Philippine Government is interested or may direct the Solicitor-General to do so.
Assistant Attorney-General.
SEC. 42. Assistant Attorney-General.—There shall be an Assistant Attorney-General, to be appointed by the Commission, to serve during its pleasure, with a salary at the rate of three thousand dollars per annum, payable monthly, who shall perform the duties of the Attorney-General, in his absence, and the absence of the Solicitor-General, and shall render such other services in the performance of the duties of the Attorney-General as may be assigned to him.
Oath of Attorney-General, Solicitor-General, and Assistant Attorney-General.
SEC. 43. Oath of Attorney-General, Solicitor-General, and Assistant Attorney-General.—Before entering upon the performance of their duties, the Attorney-General, Solicitor-General, and Assistant Attorney-General shall take and subscribe to the following oath or affirmation, to wit: "I, ____________________________, solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Attorney-General (or Solicitor-General or Assistant Attorney-General), according to the best of my ability and understanding, agreeably to the laws of the Philippine Islands; that I will prosecute no man for envy, hatred, or malice, neither will I leave unprosecuted for love, fear, favor, affection, or hope of reward; and that I recognize and accept the supreme authority of the United States of America in these Islands, and will maintain true faith and allegiance thereto; that I impose upon myself this obligation voluntarily, without mental reservation, or purpose of evasion; so help me God. (The last four words to be stricken out in case of affirmation.) "(Signature)___________________________ "Subscribed and sworn to (or affirmed) before me this _________________________ day of _________________________19______" The oath may be administered by any judge of the Supreme -Court and shall be filed with the clerk of that court.
Bond of Attorney-General.
SEC. 44. Bond of Attorney-General.—Before entering upon the performance of the duties of his office, the Attorney-General shall execute a bond to the Insular Government, in the penal sum of five thousand dollars, with sufficient surety or sureties, to be approved by the Insular Treasurer, conditioned for the faithful performance of the official duties of himself and his assistants and the payment of all sums of money that shall come into his or their hands officially, to the person entitled thereto. The bond shall be recorded in the books of the Insular Treasurer and kept on file in his office, and shall be available as security for the benefit of any person, corporation, or municipality in interest. In case the Attorney-General fails to give the bond herein prescribed, within thirty days after his appointment, the office shall be vacant, and another person shall be appointed in his stead as Attorney-General. The Attorney-General may require of the Solicitor-General and Assistant Attorney-General, each, a bond to him in the penal sum of five thousand dollars, with sufficient surety or sureties, to be by him approved, conditioned for the faithful performance of their official duties, respectively, and the payment of all sums of money that shall come into their or either of their hands officially, to the person lawfully entitled thereto. In case either the Solicitor-General or the Assistant Attorney-General fails to give the bond here prescribed, within thirty days after his appointment, his office shall be vacant, and another person shall be appointed in his stead.
Duties of the Attorney-General.
SEC. 45. Duties of the Attorney-General.—The Attorney-General shall perform the following duties: (a) He shall attend the Supreme Court and prosecute or defend therein all causes, civil and criminal, to which the United States, or any officer thereof, in his official capacity, is a party; (b) He shall prosecute or defend therein all causes, civil and criminal, to which the Government of the Philippine Islands, or any officer thereof, in his official capacity, is a party; and all causes to which any province may be a party, unless the interest of the province be adverse to that of the Government of the Islands, or that of the United States, or some officer thereof acting in his official capacity, or of some other province; (c) After judgment in favor of the interest represented by him, in any of the cases mentioned in the last section, he shall direct the issuing of such process as may be necessary to carry the same into execution, and shall account for and pay over to the proper officer all money that may come info his possession belonging to the United States Government, the Government of the Philippine Islands, or any province; (d) When it may be necessary or proper for the enforcement or collection of any judgment or debt in favor of the Insular Government or any officer thereof in his official capacity, or of any province, the Attorney-General shall institute and prosecute in behalf of the creditor an action or actions to set aside any conveyance or other devise fraudulently made by the debtor, or any one for him, to hinder or delay or defraud the creditor; (e) He shall, when required by the public service, or when directed by the Chief Executive, repair to any province in the Islands and assist the provincial fiscal there in the discharge of his duties, and shall assist the provincial fiscal in any prosecution against an officer of the Government; (f) He shall, at the request of the Chief Executive, or other proper officer of the Insular Government, institute and prosecute a suit on any official bond or any contract, in which the Government of the Islands is interested, upon a breach thereof, and prosecute or defend for the Insular Government all actions, civil or criminal, relating to any matter connected with either of the offices of the Insular Government; and be may require the service or assistance of any provincial fiscal in and about such matters or suits; (g) Whenever requested by the Chief Executive, or other officer of the Insular Government, he shall prepare proper drafts for contracts, forms, or other writings which may be wanted for the use of the Government; (h) He shall pursue the collection of any claim or judgment in favor of the Insular Government, outside of the Islands, or may, with the consent of the Chief Executive, employ counsel to assist in the collection thereof; (i) He shall give his opinion in writing to the legislative body of the Islands, the Chief Executive, the Auditor of public accounts, the Insular Treasurer, the General Superintendent of Public Instruction, the trustee of any Government institution, and any provincial fiscal, when requested in writing, upon any question of law relating to their respective offices; (j) He shall keep a docket of all causes in which he is required to appear, which shall show the province and court in which the causes have been instituted and tried, and whether they be civil or criminal; if civil, the nature of the demand, stage of the proceedings, and, when prosecuted to a judgment, a memorandum of the judgment; of any process issued thereon, whether satisfied or not; if not satisfied, the return of the officer; and if criminal, the nature of the crime, the mode of prosecution, and the stage of the proceedings; and, when prosecuted to a sentence, a memorandum of the sentence, and of the execution thereof, if executed, and, if not executed, of the reasons for delay or prevention; (k) He shall make reports to the Philippine Commission through the Military Governor, on the first day of January and the first day of July of each year, of the condition of the public service as administered in his office and under his supervision; and he shall, as a part of his report, make any recommendation which he may deem proper for the improvement of the service.
Office hours.
SEC. 46. Office hours.—The Attorney-General shall keep an office at Manila, and shall except when absent on public business, or by consent of the Chief Executive, keep the same open on each business day from nine until twelve o'clock in the forenoon, and from three until five o'clock in the afternoon, and be there for business.
Assistants to the Attorney-General.
SEC. 47. Assistants to the Attorney-General.—The Attorney-General shall be allowed only such clerical assistants as may be absolutely necessary for the due performance of the duties of his office, upon the certificate of the majority of the judges of the Supreme Court that such assistants are necessary. The compensation of such assistants shall be fixed by the judges of the Supreme Court, with the approval of the Chief Executive.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).