Section 38Sec./Art. 38

The City Legal Officer. (a) The city legal officer must be a citizen of the Philippines, a resident of the City of San Fernando, of good moral character, and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years.

(b) The city legal officer shall receive such compensation, emoluments and allowances as may be determined by law or ordinance.

(c) The city legal officer, as chief legal counsel of the City, shall take charge of the office for legal services, and shall:

(1) Formulate measures for the consideration of the sangguniang panlungsod and provide legal assistance and support to the city mayor in carrying out the delivery of basic services and provision of adequate facilities;

(2) Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with programs and projects related to legal services which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

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

(4) When required by the city mayor or sangguniang panlungsod, draft ordinances, contracts, bonds, leases and other instruments involving any interest of the City and provide comments and recommendations on any instruments already drawn;

(5) Render his opinion in writing on any question of law when requested to do so by the city mayor or sangguniang panlungsod;

(6) Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office and recommend appropriate action to the city mayor or sangguniang panlungsod, as the case may be;

(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 city mayor or sangguniang panlungsod, as the case may be;

(8) When directed by the city mayor or sangguniang panlungsod, initiate and prosecute, in the interest of the City, 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 component units of the City;

(10) Recommend measures to the sangguniang panlungsod and advise the city mayor on all matters related to upholding the rule of law;

(11) Be in the frontline of protecting human rights and prosecuting any violations 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 such other duties and functions as may be prescribed by law or ordinance.