Salary Structure and Funding
- Salaries are governed by existing laws or the fixed amounts, whichever is higher.
- Salary shares are split between the City Government and the National Government in specified proportions.
- City Fiscal: ₱15,000 per annum (₱7,200 city, ₱7,800 national)
- First Assistant City Fiscal: ₱11,400 per annum
- Second Assistant City Fiscal: ₱10,800 per annum
- Third Assistant City Fiscals: ₱9,600 per annum each
- Other Assistant Fiscals: ₱7,200 each
Powers and Duties of the City Fiscal
- Acts as the chief legal adviser and prosecutor for the city.
- Represents the city in civil cases affecting city interests.
- Attends City Board meetings, drafts and reviews legal instruments involving the city.
- Provides written legal opinions upon request from city officials.
- Investigates neglect or misconduct by city officials or breaches by franchise holders and reports findings to the Mayor.
- Institutes and prosecutes suits for breaches of city contracts upon direction.
- Conducts investigations on crimes within the city, with power to subpoena witnesses and evidence.
- Prosecutes crimes, misdemeanors, and ordinance violations within the city jurisdiction.
- Investigates suspicious deaths and other crimes requiring medico-legal expertise and may call for autopsies.
- May seek expert medico-legal assistance from national agencies and academic institutions.
- Renders legal services required by the Mayor or City Board and other duties assigned by the Secretary of Justice.
- Command cooperation from city and national police forces.
- Facilitates training programs for city police on criminal law and procedures.
- Ensures prompt disposition of cases under his office.
- Submits reports as required by the Secretary of Justice.
Additional Assistants and Staff
- The City Fiscal is assisted by administrative officers, stenographers, legal researchers, interpreters, clerks, drivers, and other personnel as approved by the City Board and appointed by the Mayor following civil service rules.
- The City Board may create additional Assistant City Fiscal or Special Counsel positions based on public interest and recommendations.
Organizational Structure of the City Fiscal's Office
- The office is divided into four divisions:
- Investigation Division: Handles preliminary and reinvestigations of crimes and ordinance violations.
- Prosecution Division: Manages prosecution of criminal, civil, and administrative cases.
- Legal Research Division: Prepares legal opinions, contracts, ordinances, and documents.
- Administrative Division: Oversees administrative functions.
- The City Fiscal supervises all divisions and may reassign duties as necessary.
Succession and Acting Capacity
- The First Assistant City Fiscal acts as City Fiscal in cases of absence or incapacity.
- If both the City Fiscal and First Assistant are unavailable, the Second Assistant City Fiscal assumes duties.
- The Secretary of Justice may designate the Provincial Fiscal as Acting City Fiscal if necessary.
- Such designations do not curtail the powers of the President or Secretary of Justice under existing law.
Budget and Allowances
- Expenses for travel, gasoline allowance, quarters, and operational costs are included in the city’s annual budget unless covered by national law.
- The City Board must appropriate funds for office supplies, equipment, salaries, and related expenses.
- Positions and salaries cannot be abolished or reduced without approval from the Secretary of Justice upon recommendation.
City Court Composition and Jurisdiction
- The City Court has two branches with two City Judges and one Auxiliary City Judge.
- Judges have powers equivalent to municipal courts of provincial capitals and city courts of chartered cities.
- The Auxiliary Judge acts during temporary absences or vacancies and has equal powers and emoluments.
- In absence or incapacity of all judges, the Executive Judge of the Court of First Instance designates temporary judges from adjoining municipalities.
- Additional judges may be created by the City Board through appropriation as public interest demands.
Supervision of City Judges
- The Executive Judge of the Court of First Instance of Bohol supervises City Judges of Tagbilaran.
- Judiciary Act provisions apply to City Judges and City Court unless inconsistent with the Charter.
Appropriations for Salaries
- National government appropriates ₱33,000 annually for City Fiscal and assistant positions.
- ₱33,600 is appropriated annually for salaries of City Judges and clerks.
- The City Board must appropriate the full salary for the City Fiscal as provided by earlier law to ensure full compensation.
Effectivity
- The Act took effect upon approval on June 17, 1967, without executive approval.