The city attorney—His assistant—His duties.
Section 22
SEC. 22. The city attorney—His assistant—His duties.—The law department shall consist of the city attorney and one assistant, who shall discharge their duties under the general supervision of the Secretary of Justice. The city attorney 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 Council, 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 Council 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 of misconduct in office, or that any person, firm, or corporation holding or exercising any franchise of 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 prosecution enjoined by law upon provincial fiscals. The city attorney shall cause to be investigated all charges of crimes, misdemeanors, and violation of ordinances, and have the necessary informations or complaints prepared or made against the persons accused. He or his assistant 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 of 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 incriminate himself, and no testimony elicited from a witness by such examination under oath before the city attorney or his assistant under this section shall be used against such witness in any prosecution pending or thereafter instituted against him. The city attorney shall also cause to be investigated the causes of sudden death which have not been satisfactorily explained and when there is suspicion that the cause arose from the unlawful acts or omissions of other persons, or from foul play. For that purpose, he may cause autopsies to be made in case it is deemed necessary, and shall be entitled to demand and receive for the purpose of such investigations or autopsies the aid of the city health officer. He shall at all times render such professional services as the mayor or council may require, and shall have such powers and perform such other duties as may be prescribed by law or ordinance. The city attorney shall perform the duties prescribed by law for registers of deeds. In case of vacancy, absence of deeds or disability, the duties of register of deeds shall be performed by the city treasurer or his authorized deputy, or when the needs of the service require it, the Secretary of Justice may designate any other officer of the government. To be eligible for appointment to these positions, a person must be a citizen of the Philippines who has been duly admitted to practice in the courts of said islands, and has been m actual practice, in the courts of said islands for at least five years in the case of the city attorney, and at least three years in the case of the assistant city attorney, or has held during a like period, within the Philippines, an office requiring the services of a lawyer.