Section 38October 2, 2006, Sec./Art. 38

The City Legal Officer. - (a) The city legal officer must be a citizen of the Philippines, a resident of the City of Meycauayan, of good moral character and a member of the Philippine Bar. He must have practiced his profession for at least five years immediately preceding the date of his appointment. The term of the city legal officer shall be coterminous with that of his appointing authority.

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

(c) The city legal officer, the chief legal counsel of the City, shall take charge of the office of the city legal service, 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 the 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 for under the Local Government Code;

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

(i) Represent the City of Meycauayan in all civil actions and special proceedings wherein the City or any of its official, in his official capacity, is a party: Provided, That in actions or proceedings where the City 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;

(ii) 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 instrument already drawn;

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

(iv) Investigate or cause to be investigated any city 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;

(v) 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;

(vi) When directed by the city mayor, or sangguniang panlungsod, initiate and prosecute in the interest of the City of Meycauayan any civil action on any bond, lease or other contract upon any breach or violation thereof; and

(vii) Review and submit recommendations on ordinances approved and executive orders issued by component barangays.

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

(5) 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 disaster and calamities; and

(6) Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160 otherwise known as the Local Government Code of 1991, an< those that are prescribed by law or ordinance.