Title
Designation of Provincial Fiscal as City Attorney
Law
Commonwealth Act No. 409
Decision Date
Sep 14, 1938
Commonwealth Act No. 409 designates the provincial fiscal as the city attorney for the capital city of a province, with additional compensation, and allows for the appointment of assistant city attorneys in chartered cities, with varying compensation based on rank.

Q&A (Commonwealth Act No. 409)

The main purpose of Commonwealth Act No. 409 is to designate the provincial fiscals of provinces whose capitals have been converted into cities as ex officio city attorneys of those cities, provide additional compensation for them, and to establish the appointment of assistant city attorneys in those chartered cities.

The provincial fiscal of the respective province to which the chartered city belonged prior to its incorporation as a city shall be the ex officio city attorney of that city.

The ex officio city attorney shall receive an additional compensation of one thousand pesos per annum, to be paid out of the city funds.

There can be as many as three assistant city attorneys appointed, with the exact number to be determined by the President of the Philippines based on the amount of business in the city.

Assistant city attorneys are appointed by the President of the Philippines with the consent of the Commission on Appointments of the National Assembly.

The first assistant city attorney shall receive three thousand pesos per annum.

The second assistant city attorney shall receive two thousand eight hundred pesos per annum.

The third assistant city attorney shall receive two thousand four hundred pesos per annum.

The additional compensation of the ex officio city attorney is to be paid out of the city funds.

Commonwealth Act No. 409 took effect upon its approval on September 14, 1938.


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