REPUBLIC ACT NO.
5156 - AN ACT AMENDING CERTAIN "The City Fiscal shall be the chief Legal Adviser and Chief
SECTIONS OF REPUBLIC ACT NUMBERED FORTY-SIX
HUNDRED SIXTY, KNOWN AS THE CHARTER OF THE CITY
OF TAGBILARAN, AND FOR OTHER PURPOSES
Section 1. Sections forty-two and forty-three of Republic Act
Numbered Forty-six hundred sixty is hereby amended to read as
follows:
"Sec. 42. The City Fiscal and Assistant City Fiscals. — Their
powers and duties and duties. — There shall be in the Office of the
City Fiscal one chief to be known as the City Fiscal, an assistant
chief to be known as the First Assistant City Fiscal, one Second
Assistant City Fiscal and two Third Assistant City Fiscals who shall
discharge their duties under the direction and supervision of the
City Fiscal and the Secretary of Justice. To be eligible for
appointment as City Fiscal or Assistant City Fiscal, one must have
practiced law in the Philippines for at least five years prior to his
appointment or held, during a like period, an office in the Philippine
Government requiring admission to the practice of law as an
indispensable requisite.
"The City Fiscal and his assistants shall receive the salaries as
provided by existing laws or as hereinbelow fixed, whichever is
higher:
"(a) City Fiscal, fifteen thousand pesos per annum of which
seven thousand two hundred pesos shall be paid by the City
Government and seven thousand eight hundred shall be paid by
the National Government.
"(b) First Assistant City Fiscal, eleven thousand four hundred
pesos per annum, of which four thousand eight hundred pesos
shall be paid by the City Government and six thousand six hundred
pesos shall be paid by the National Government.
"(c) Second Assistant City Fiscal, ten thousand eight hundred
pesos per annum, of which four thousand two hundred pesos shall
be paid by the City Government and six thousand six hundred shall
be paid by the National Government.
"(d) Third Assistant City Fiscals, nine thousand six hundred
pesos peer annum each, of which three thousand six hundred
pesos shall be paid by the City Government and six thousand
pesos each shall be paid by the National Government.
"(e) Other Assistant Fiscals, the positions of which may be
created by the City Board pursuant to the provisions of the next
succeeding section, seven thousand two hundred pesos each, half
of which shall be payable by the National Government and the
other half by the City Government.
Prosecutor of the city. He shall have the following powers and
duties:
"(a) He 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, or wherein governmental, monetary or
proprietary interests of the city are involved.
"(b) He shall when requested, attend the meetings of the City
Board, draw ordinances, contracts, bonds, leases, and other
instruments involving any interest of the city and inspect and pass
upon any such instrument already drawn.
"(c) He shall give his opinion in writing, when requested by the
Mayor or the Board or any of the heads of the city departments,
upon any question relating to the city or the rights or duties of any
officer. Upon request, it shall be his duty to promptly reexamine,
review, study and pass upon the legality or propriety of any
resolution or ordinance enacted or proposed to be enacted by the
City Board and of any executive orders or circulars promulgated or
proposed to be promulgated by the City Mayor, and he shall
thereafter inform the City Board or the City Mayor, as the case may
be, of any defect or impropriety which he may discover therein and
make such other comment or criticism or recommendation as shall
appear to him proper under the circumstances.
"(d) He 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 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 or cause to be investigated the same and
report his findings and recommendations to Mayor. Upon request
of the proper authorities, he shall assist in the prosecution of
administrative charges against city officials and employees
pursuant to the provisions of the existing laws.
"(e) He 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 or connected with,
any city office or interest.
"(f) He shall investigate all charges of crimes, misdemeanors,
and violation of laws and city ordinances and complaint against the
persons accused. He or any of his assistants may conduct such
investigations by taking oral evidence of reputed witnesses and for
this purpose may, by subpoena or subpoena duces tecum
summon witnesses to appear and testify under oath before him or
to produce documents and other evidence before him, and the
attendance of, or the production of documents or other evidence of
an absent or recalcitrant witness may be enforced by application to
the City Court or the Court of First Instance. No witness summoned
to testify under this section shall be under obligation to give
testimony tending to incriminate himself.
"(g) He shall have charge of the prosecution of all crimes,
misdemeanors and violations of laws and city ordinances triable in
the City Court or Court of First Instance and shall discharge all the
duties in respect to criminal prosecutions enjoined by law upon
provincial fiscals.
"(h) He shall cause to be investigated the causes of sudden
deaths which have not been satisfactorily explained when there is
suspicion that the cause arose from unlawful acts or omissions of
other persons or from foul play and in general, victims of violence,
sex crimes, accidents, self-inflicted injuries, intoxication, drug
addiction, state of malingering and mental disorders which occur
within the jurisdiction of the city and the examination of evidences
and telltale marks of crimes. For that purpose he may cause
autopsies to be made in case it is deemed necessary and shall be
entitled to demand and receive for the purpose of such
investigations and/or autopsies the aid of the health authorities.
"In case the City Fiscal 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 and
Surgery of the University of the Philippines, or the aid of the
Medico-legal Section of the National Bureau of Investigation or of
any other national police agencies, which shall thereupon, furnish
the assistance required in accordance with its powers and facilities.
"(i) He shall at all times render such professional services as
the Mayor or Board may require, and act on all matters wherein the
City Government or any branch or office thereof, or its officers,
shall require the services of a lawyer, and shall have such powers
and perform such duties as may be prescribe by law or by
ordinance.
"(j) He shall discharge such other duties as may be assigned to
him or as may be directed by the Secretary of Justice in connection
with his functions as a government prosecutor.
"(k) He shall be entitled to demand and receive the full
cooperation and assistance of the City Police Department and
other offices of the city, and other national police agencies in
matters or cases under investigation or prosecution.
"(l) On his own or in cooperation and collaboration with the
Mayor, National Police Commission, National Bureau of
Investigation, Philippine Constabulary and/or other police
agencies, he shall from time to time initiate or actively assist in
organizing, holding and conducting training programs, seminars,
and conferences of the members of the city police force wherein
matters on criminal law, evidence, procedure, law enforcement,
criminal investigation and/or other allied subjects shall be taken up.
"(m) He shall exert efforts demanded by the circumstances to
effectuate prompt and speedy disposition of cases being
investigated, handled or prosecuted by his office.
"(n) He shall render reports on such matters and manner
required by the Secretary of Justice."
"Sec. 43. Additional assistants and employees. — To assist the
City Fiscal in the performance of his duties, he shall have an
administrative officer or a chief clerk, sufficient number of
stenographers, legal researchers, clerk-interpreters and records
clerk, a driver, and such clerk and other employees as shall be
provided for by the City Board, all of whom shall be appointed by
the Mayor pursuant to the provisions of Civil Service Law, rules and
regulations, upon recommendation of the City Fiscal.
"The City Board may create additional positions of Assistant City
Fiscals and/or Special Counsel through appropriation ordinance as
public interest may require, and the additional assistant fiscals or
special counsel may thereafter be designated or appointed by the
Secretary of Justice or the President, as the case may be, pursuant
to the provisions of existing laws upon recommendation of the City
Fiscal and the Executive Judge of the Court of First Instance of
Bohol."
Sec. 2. The same Act is amended by inserting between
Sections forty-three and forty-four thereof a new section to be
known as Section forty-three-A to read as follows:
"Sec. 43-A. Organization of the Office of the City Fiscal into
Divisions. — To promote a more efficient performance of the
functions and duties of the office, the City Fiscal shall organize said
office into four divisions as follows:
"(a) Investigation Division which shall have charge of the
conduct of preliminary investigations and reinvestigations of all
crimes and violations of city ordinances.
"(b) Prosecution Division which shall have exclusive charge of
the prosecution of criminal, civil and administrative cases.
"(c) Legal Research Division which shall have charge of
preparing or drafting opinions, contracts, resolutions, ordinances
and other official legal papers and documents, when so requested
by the proper authorities pursuant to the provisions of this Charter.
"(d) Administrative Division, which shall have charge of all the
administrative duties and functions of the office.
"The City Fiscal shall have general supervision and direction of all assistants and other personnel as herein provided or as may be
the divisions in his office, and may effect from time to time such provided by law or ordinance.
changes in the organization of the same as the exigencies of the
service demand. This organization shall be without prejudice to the "No items or positions in the Office of the City Fiscal shall be
power of the City Fiscal to designate any single assistant fiscal or abolished, or the corresponding salaries therefor diminished,
group of assistant fiscals to investigate and also prosecute the unless in pursuance of existing law and unless with the approval of
same case or cases, or to simultaneously assign assistant city the Secretary of Justice upon recommendation of the City Fiscal.
fiscal to two or more divisions, or to give assistant fiscals and
Sec. 3. Section eighty-seven of the same Act is amended to
employees additional duties aside from those to which they have
read as follows:
been regularly assigned.
"Sec. 87. Regular, auxiliary, and acting judges of the City Court.
"The First Assistant City Fiscal shall discharge the duties of the
— There shall be a city court with two branches for the City of
City Fiscal in case of the latter's absence, incapacity, or inability
Tagbilaran for which there shall be appointed and designated two
until he resumes his post, or until a new city fiscal shall be
city judges and a city auxiliary judge. The city judges shall receive
appointed if such position shall become permanently vacant; and
their salaries and enjoy other privileges as provided for by existing
in case of absence, incapacity, or inability of both the City Fiscal
laws.
and the First Assistant City Fiscal, the Second Assistant City Fiscal
shall discharge the duties of the City Fiscal until either resumes his The City Court shall have the same jurisdiction in civil and criminal
post or until a new city fiscal shall be appointed if such position cases and the same incidental powers as are at present conferred
shall become permanently vacant; Provided, however, That the by law upon municipal courts of provincial capitals and city courts
Secretary of Justice may designate the Provincial Fiscal of Bohol of chartered cities and such additional jurisdiction and powers as
as Acting City Fiscal in case of absence, incapacity, or inability of may hereafter be conferred upon them by law or this Charter.
the City Fiscal to discharge the functions of his office: Provided,
further, That nothing in this section shall be construed to curtail the
President of the Philippines or the Secretary of Justice of his power
The Auxiliary City Judge shall discharge the duties in case of
to designate an acting city fiscal pursuant to the provisions of
temporary absence, incapacity, or inability of any of the City
existing laws when the City Fiscal is unable to perform the duties of
Judges until the latter resumes his post, or until a new judge shall
his office owing to illness, absence, or other cause or in case of
be appointed where such absence, incapacity, inability or vacancy
permanent vacancy, nor to deprive the Secretary of Justice of his
has become permanent. During his incumbency, the Auxiliary City
authority to designate an acting city fiscal in the manner and under
Judge shall enjoy the powers, emoluments and privileges of the
the circumstances prescribed by section sixteen hundred
City Judge.
seventy-nine of the Revised Administrative Code.

"In case of absence, incapacity or inability of both the City Judges

"Travel expenses, commutable gasoline allowance, and quarter
and the Auxiliary City Judge, the Executive Judge of the Court of
allowance of the City Fiscal, and other essential expenses incident
First Instance of Bohol shall designate two municipal judges of the
to the administration, operation and maintenance of the Office of
adjoining municipalities to preside over the branches of the City
the City Fiscal shall be included in the annual budget of the city,
Court, and they shall hold office temporarily until the regular
unless by provisions of existing law any of such expenses or
incumbents resume their post, or until new judges shall have been
allowances are payable by the National Government: Provided,
appointed in accordance with the provisions of this Act. The Acting
however, That nothing herein shall be construed to prohibit the city
City Judges so designated shall receive their salaries as provided
from furnishing the City Fiscal with appropriate motor vehicle
for by existing laws.
necessary for his official travel.

"The City Board may create positions of additional judges of the

"It shall be a mandatory obligation of the City Board to appropriate
City Court through appropriation ordinances as public interest may
funds in such amounts as may be necessary for the purchase of
require."
books, office supplies, and equipment, furniture, and other articles
essential to efficient administration and operation of the City
Fiscal's Office, and to provide for the salaries of the City Fiscal, his
Sec. 4. The same Act is amended by inserting between Enacted without Executive approval, June 17, 1967
Sections ninety-three and ninety-four thereof a new section
ninety-three-A to read as follows:

"Sec. 93-A. Supervision of District Judges over the City Judges

of the City Court. — The Executive Judge of the Court of First
Instance of Bohol with station in the City of Tagbilaran, or if there
be none, the senior presiding judge in point of service in the bench
of any of the branches in the Court of First Instance of Bohol with
station in the City of Tagbilaran shall at all times exercise
supervision over the City Judges of the City Court of Tagbilaran in
the manner prescribed by section ninety-six of Republic Act
Numbered Two hundred ninety-six, as amended.

"Pertinent provisions of the Judiciary Act of 1948, as amended,

generally applicable to city judges and city courts shall be
applicable to the City Judges and City Court of the City of
Tagbilaran in so far as they are not inconsistent with the provisions
of this Charter."

Sec. 5. For the purpose of paying the national share of the City
Fiscal and the additional positions of assistant city fiscals herein
created, there is hereby appropriated for the fiscal year nineteen
hundred sixty-eight, and annually thereafter, out of any funds not
otherwise appropriated, the amount of thirty-three thousand pesos
which shall be annually included in the lump sum appropriated for
salaries of provincial and city fiscals and their assistants in the
annual General Appropriations Act; and for the purpose of paying
the salaries of the two city judges and two clerks of the City Court of
the City of Tagbilaran, there is hereby appropriated the amount of
thirty-three thousand six hundred pesos for the same fiscal year,
and annually thereafter which shall likewise be included in the
annual General Appropriations Act.

Sec. 6. The City Board shall, upon approval of this Act,

appropriate the necessary amount to cover the whole salary of the
City Fiscal for the fiscal year nineteen hundred sixty-seven at the
rate provided by Section one of Republic Act Numbered Forty-one
hundred forty-two to enable him full payment of his compensation
for the whole period of actual services rendered.

Sec. 7. This Act shall take effect upon its approval.