Question & AnswerQ&A (Republic Act No. 5156)
The Office of the City Fiscal of Tagbilaran shall have one City Fiscal (chief), one First Assistant City Fiscal (assistant chief), one Second Assistant City Fiscal, and two Third Assistant City Fiscals. Additional Assistant City Fiscals and Special Counsel may also be created by the City Board as public interest requires.
To be eligible for appointment as City Fiscal or Assistant City Fiscal, a person must have practiced law in the Philippines for at least five years prior to 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 salary of the City Fiscal and Assistant City Fiscals is divided between the City Government and the National Government. For example, the City Fiscal’s annual salary is fifteen thousand pesos, with seven thousand two hundred pesos paid by the City Government and seven thousand eight hundred pesos by the National Government. Similar salary sharing arrangements apply to assistant fiscals as provided by the law.
The City Fiscal serves as the chief legal adviser and chief prosecutor of the city. Duties include representing the city in civil cases, drafting and reviewing ordinances and contracts, giving legal opinions, investigating official misconduct and franchise violations, prosecuting cases, investigating crimes including medico-legal matters, demanding cooperation from police, organizing training for the police, and rendering reports to the Secretary of Justice among others.
Yes, the City Fiscal or any assistant may conduct investigations by taking oral evidence and may summon witnesses to appear and testify under oath or produce documents by subpoena or subpoena duces tecum. The attendance and production of a recalcitrant witness may be enforced by the City Court or Court of First Instance. Witnesses are not obliged to incriminate themselves.
The Office of the City Fiscal is organized into four divisions: Investigation Division (handling preliminary and reinvestigations of crimes), Prosecution Division (handling prosecution of criminal, civil and administrative cases), Legal Research Division (drafting opinions and legal documents), and Administrative Division (handling administrative duties).
In case of absence, incapacity or inability of the City Fiscal, the First Assistant City Fiscal discharges the duties. If both are unable, the Second Assistant City Fiscal acts until the City Fiscal or First Assistant Fiscal resumes or a new City Fiscal is appointed. The Secretary of Justice may also designate the Provincial Fiscal of Bohol as Acting City Fiscal in certain cases.
The City Board is responsible for appropriating funds for the salaries, expenses, and operational needs of the Office of the City Fiscal. It may also create additional Assistant City Fiscal or Special Counsel positions as public interest requires. However, no items or positions in the Office shall be abolished or salaries diminished without approval from the Secretary of Justice upon recommendation of the City Fiscal.
The City Court has two branches with two City Judges and one Auxiliary City Judge appointed. The City Court has jurisdiction similar to municipal courts of provincial capitals. The Auxiliary Judge acts in temporary absence or inability of City Judges. Additional judges may be created by the City Board. Supervision over City Judges is exercised by the Executive Judge of the Court of First Instance of Bohol.
For the fiscal year 1968 and annually thereafter, thirty-three thousand pesos is appropriated from funds not otherwise appropriated, included in the lump-sum salaries for provincial and city fiscals in the General Appropriations Act. Similarly, salaries for City Judges and clerks of the City Court are appropriated annually.