Powers and duties of the city fiscal.
Section 34
SEC. 34. Powers and duties of the city fiscal.—The city fiscal shall be the chief legal adviser of the city and all offices and departments thereof. He shall have the following powers and duties: He shall, personally or through any assistant, represent the city in all civil cases wherein the city or aI1y officer thereof, in his official capacity, is a party; and shall prosecute and defend all civil actions related to or connected with any city office or interest. He shall, when directed by the Mayor, institute and prosecute in the city's interest a suit on any bond, issue, or other contracts, and upon any breach or violation thereof. He shall, when requested, attend meetings of the Board, draw ordinances, contracts, bonds, leases, and other instruments involving any interest of the city, and inspect and pass upon any such instruments already drawn. He shall give his opinion in writing, when requested by the Mayor or the Board or any of the heads of the city departments, upon any question relating to the city or the rights, or duties of any city officer thereof. He shall, whenever it is brought to his knowledge that any city officer or employee is guilty of neglect, or misconduct in office, or that any person, firm, or corporation holding or exercising any franchise or 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 or cause to be investigated the same and report to the Mayor. He shall have charge of the prosecution of ail crimes and violations of the city ordinances, in the municipal court of the city or the Court of First Instance, and shall discharge all the duties in respect to criminal prosecutions as are enjoined by law upon provincial fiscals. The city fiscal shall cause to be investigated all charges of crimes, misdemeanors, and violations of laws and city ordinances and have the necessary informations or complaints prepared or made against the accused. He or any of his assistants may conduct such investigations by taking oral evidence of reputed witnesses, and for this Purpose may issue subpoena to summon witnesses to appear and testify under oath before him, and the subpoena duces tecum for the production of documents and other evidence. The attendance of an absent or recalcitrant witness may be enforced by application for a warrant of arrest to the municipal court or to the Court of First Instance. The city fiscal shall also cause to be investigated the cause of sudden deaths 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 or the resident physician of the Albay Provincial Hospital. He shall at all times render such official services as the Mayor or Board may require, and shall have such powers and perform such duties as may be prescribed by law or ordinance.