The provincial fiscal.
Section 23
SEC. 23. The provincial fiscal.—There shall be a provincial Provincial fiscal, fiscal who shall be the chief legal adviser of the province, and who shall have the following general powers and duties: (a) Civil cases.—He shall represent the province and own cases, municipalities thereof in all civil cases now pending or hereafter brought in any court wherein the province or any of its political subdivisions, or any officer thereof, in his official capacity, is a party. (b) Drafting of public documents.—He shall, when required, draw ordinances, contracts, bonds, leases, and other instruments involving any interest of the province or political subdivisions thereof, and inspect and pass upon any such instruments already drawn. (c) Opinions.—He shall give his opinion in writing when opinions, requested by the provincial board, or any provincial officer, upon any question relating to the province or the rights or duties of any provincial officer, and he shall also act as legal adviser of each municipality or other political subdivisions of the province and shall upon request of any such officer submit in writing his opinion upon any question properly arising in the discharge of their public duties. (d) Investigation of negligence or misconduct.—He shall, investigation whenever it is brought to his knowledge that any municipal officer is guilty of criminal neglect or misconduct in office, or that any person, firm, or corporation holding or exercising any franchise or public privilege from any municipality of the province, has failed to comply with any condition, or to pay any consideration mentioned in the grant of such franchise or privilege, investigate or cause to be investigated the same and report to the municipal president through the provincial board. (e) Prosecutions.—He shall have charge of the prosecution of all crimes and misdemeanors, and also of violations of municipal ordinances appealed to, or brought before, the Court of First Instance of the province. (f) Special counsel.—In cases where the interest of any special counsel, municipality and the provincial government are opposed, he shall act on behalf of the provincial government and the municipality may retain special counsel. He shall also represent each municipality of his province in all litigation pending for or against the said municipality in any court except where two municipalities are adverse parties to the same litigation, and in cases arising under Act Thirteen hundred and seventy-six, in all of which cases the municipalities may employ special counsel. (g) Criminal investigations.—He shall investigate all charges of crimes, and prepare the necessary informations or make the necessary complaints against the persons accused, and discharge all other duties in respect to criminal prosecution enjoined upon provincial fiscals in the general provincial government Act and the Code of Criminal Procedure, as amended. (h) Taking of evidence.—He may, if he deems it wise, conduct investigations in respect to crimes, misdemeanors, and violations of municipal ordinances by taking oral evidence of reputable witnesses and for this purpose may, by subpoena summon witnesses to appear and testify under oath before him, and the attendance and evidence of an absent or recalcitrant witness may be enforced by application to the justice of the peace court or the Court of First Instance of the province. (i) Suits on bonds, and so forth.—He shall, when requested by the provincial board or municipal council, institute and prosecute on behalf of the province or municipality concerned a suit on any bond, lease, or other contract and upon any breach or violation thereof.