Section 39
SEC. 39. The fiscal of the City—his assistants, his duties.&mdashThe Law Department shall consist of the fiscal of the city and ten assistants, namely: one first assistant city fiscal, one second assistant city fiscal, three third assistant city fiscals and five fourth assistant city fiscals, who shall discharge their duties under the general supervision of the Secretary of Justice. The fiscal of the city shall be: the chief legal adviser of the city and all offices and departments thereof; shall personally or through any assistant 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 City 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 City 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 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 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, and 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 of Cebu and the city court of the city, and shall discharge all the duties in respect to criminal prosecution enjoined by the law upon provincial fiscals. The fiscal of the city shall cause to be investigated all charges of crimes, misdemeanors, and violations of ordinances, and have the necessary information of complaints prepared or made against the persons accused. He or any of his assistants may conduct such investigations by taking oral evidence or 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 city court or the Court of First Instance. No witness enforced by application for a warrant of arrest to the summoned to testify under this section shall be under obligation to give any testimony tending to incriminate himself. The fiscal of the city shall also cause to be investigated the causes of sudden deaths which have not been satisfactorily explained and when there is suspicion that the causes arose from the unlawful acts or omissions of other persons or from foul play. For this purpose, he may cause autopsies to be made and shall be entitled to demand and receive, for purposes of such investigations or autopsies, the aid of the health authorities stationed in Cebu. In case the fiscal of the city deems it necessary to have further expert assistance for the satisfactory performance of his duties in relation with medico-legal matters or knowledge including the giving of medical testimony in the courts of justice, he shall request the same from the head of the department of legal medicine of the College of Medicine and Surgery of the University of the Philippines, or the aid of the medico-legal section of the National Bureau of Investigation, who shall thereupon furnish the assistance required, in accordance with his powers and facilities. He shall at all times render such professional services as the Mayor or City Council may require, and shall have such powers and perform such other duties as may be prescribed by law or ordinance. The fiscal of the city and his assistants shall receive the salaries hereinafter set forth, which shall be paid by the City of Cebu: fiscal of the city, seven thousand eight hundred pesos per annum; the first and second assistant city fiscals, seven thousand two hundred pesos each per annum; three third assistant city fiscals, six thousand pesos each per annum; and five fourth assistant city fiscals, four thousand eight hundred pesos each per annum. The City Council may, by appropriation ordinance, create additional positions of assistant city fiscals as the public interest may require.