Section 34Sec./Art. 34

The Provincial Legal Officer. -(a) The provincial legal officer must be a citizen of the Philippines, a resident of the province, of good moral character, a membe of the Philippine Bar and must have practiced for at least five (5) years the law profession.

The term of the provincial legal officer shall be coterminous with that of the appointing authority.

The appointment of the provincial legal officer is mandatory.

(b) The provincial legal officer, as the chief legal counsel of the province, shall take charge of the office of the legal services, and pursuant thereto, perform the following:

(1) Formulate measures for the consideration of thesanggunianand provide legal assistance and support to the provincial governor in carrying out the delivery of basic services and the provision of adequate facilities as provided under Section 17 of the Local Government Code of 1991, as amended;

(2) Develop plans and strategies and, upon approval thereof by the provincial governor, implement the same, particularly those which have to do with the programs and projects related to legal services which the provincial governor is empowered to implement and which thesanggunianis empowered to provide under the Local Government Code of 1991, as amended;

(3) Represent the province in all civil actions and special proceedings wherein the province or any official thereof, in their official capacity, is a party:Provided,That actions or proceedings where a component city or municipality is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party;

(4) When required by the provincial governor or thesanggunian,draft ordinances, contracts, bonds, leases and other instruments, involving any interest of the province and provide comments and recommendations on any instrument already drawn;

(5) Render an opinion in writing on any question of law when requested to do so by the provincial governor or thesanggunian;

(6) Investigate or cause to be investigate any provincial official or employee for administrative neglect or misconduct in office and recommend appropriate action to the provincial governor or thesangguniang panlalawigan;

(7) Investigate or cause to be investigated any person, firm, or corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition in the grant of such franchise or privilege, and recommend appropriate action to the provincial governor or thesanggunian;

(8) When directed by the provincial governor or thesanggunian,initiate and prosecute, in the interest of the province, any civil action on any bond, lease or other contract upon any breach or violation thereof;

(9) Review and submit recommendations on ordinances approved and executive orders issued by the component cities and municipalities;

(10) Recommend measures to thesangguniang panlalawiganand advise the provincial governor on all other matters related to upholding the rule of law;

(11) Be in the frontline of protecting human rights and prosecuting any violation, thereof, particularly those which occur during and in the aftermath of man-made or natural disasters and calamities; and

(12) Exercise such other powers and perform other duties and functions as may be prescribed by law or ordinance.