Section 33October 2, 2006, Sec./Art. 33

The Provincial Legal Officer. - (A) No person shall be appointed legal officer unless he is a citizen of the Philippines, a resident of the province, of good moral character and a member of the Philippine Bar. He must have practiced his profession for at least five years.

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

The appointment of a provincial legal officer shall be mandatory.

(B) The legal officer, the chief legal counsel of the province, shall take charge of the office for legal services, and shall:

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

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

(3) In addition to the foregoing duties and functions, the legal officer shall;

(a) Represent the province in all civil actions and special proceedings wherein the province or any official thereof, in his 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;

(b) When required by the governor or sanggunian, draft ordinances, contrl1cts, bonds, leases and other instruments involving any interest of the province; and provide comments. and recommendations on any instrument already drawn;

(c) Render his opinion in writing on any question of law when requested to do so by the governor or the sanggunian;

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

(e) 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 governor or the sanggunian;

(f) When directed by the governor or the sanggunian, 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; and

(g) Review and submit recommendations on ordinances approved and executive orders issued by component municipalities.

(4) Recommend measures to the sangguniang panlalawigan and advise the governor on all other matters related to the upholding of the rule of law; and

(5) 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.

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