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Act No. 1396 Section 12

Act No. 1396 Section 12

Section 12

SEC. 12. The provincial fiscal shall be the attorney and legal adviser of the provincial government and of each of its officers when called upon, and they may require from him written "opinions. He shall represent the provincial government in all suits brought on its behalf or against it: in the courts of the province or in the courts of any other province: Provided, That in case the provincial fiscal is performing the duties of fiscal for more than cue province he shall be disqualified, in controversies between such provinces, to act as attorney or legal adviser for either of them, and the Secretary of Finance and Justice shall, in accordance with the provisions of Act Numbered Eleven hundred and twenty-five, as amended by Act Numbered Eleven hundred and fifty-three, direct the temporary detail of a fiscal for the performance of such duties for each province. He shall be the legal adviser of the council and president of each township or settlement of the province, and shall upon the request of any president or council submit in writing his views upon any question properly arising in the discharge of their public duties. He shall in the courts of the province represent the public in all criminal cases, and perform such duties with reference to the institution of all criminal prosecution as the Code of Criminal Procedure shall require. In cases where the interests of any township or settlement and of the provincial government are opposed he shall act on behalf of the provincial government, and the township or settlement shall be obliged to employ special counsel. The Attorney-General b' shall represent the provincial government, except as hereinafter provided, in all suits for or against if which shall come into the Supreme Court; but if he deems it necessary be may authorize the provincial fiscal to assist him in the hearing of the cause before the Supreme Court. In suits by the government of one province against the government of any other province the Attorney-General shall take no part, and the provinces engaged in the litigation shall be represented in the Supreme Court by their respective provincial fiscals. ai When any criminal case is appealed to the Supreme Court the provincial fiscal shall forthwith make a report to Hie Attorney-General explaining the question of law and fact appearing; therein, and the conclusions of the court, and, if the Attorney-General directs, the provincial fiscal shall appear in such case in the Supreme Court on appeal. The Attorney-General shall have general supervision of the provincial fiscal, shall prepare rules for his guidance, and may require reports from him as to the condition of the public business in the court of his province. The fiscal of the fountain Judicial District and the fiscal of the Fifteenth Judicial District shall be entitled to the traveling expenses authorized by section eighteen of Act Numbered Eight hundred and sixty-seven.' and the fiscal of the province of Mindoro shall be entitled to the traveling expenses authorized by section eleven of Act Numbered Five hundred, the provisions of section fifteen of this Act to the contrary notwithstanding.

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Other provisions in Act No. 1396

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of July 4, 2026

CitationAct No. 1396 Section 12 (LawPlayer, data as of July 4, 2026)

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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