Provincial Legal Office

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Functional Statement

The Legal Officer is the chief legal counsel of the local government unit. He shall take charge of the office of the legal services: provide legal assistance and support to the governor or mayor and develop plans and strategies particularly programs and projects related to legal services.

Objectives

As the Legal Counsel of the Provincial Governor, the Legal Officer shall, in addition to the duties enumerated in the Local Government Code: (a) Represent the local government unit in all civic actions and special proceeding wherein the government unit investigate any local official or employer or administrative neglect or misconduct: (b) Review and submit recommendation, ordinances approved and executive orders issued by components unit: (c) Investigate any person, firm or corporation holding any franchise or exercising any public privilege for failure to comply with any term or conditions and recommend appropriate action: (d) Review and submit recommendations on ordinances approved and executive order issued by component units: (e) Be on the front line of protecting human rights and prosecuting any violations thereof.

DUTIES OF THE PROVINCIAL LEGAL OFFICER:

  1. Formulate measures for the consideration of the sanggunian and provide legal assistance and support to the governor in carrying out the delivery of basic services and provisions of adequate facilities as provided for under Section 17 of the Local Government Code;
  2. Develop plans and strategies and upon approval thereof by the governor, implement the same, particularly those which have to do with programs and projects related to legal services which the governor is empowered to implement and which the sanggunian is empowered to provide for under the Local Government Code of 1991;
  3. Recommend measures to the sanggunian and advise the governor on all other matters related to upholding the rule of law;
  4. 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 disasters or calamities; and
  5. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
IN ADDITION TO THE FOREGOING DUTIES AND FUNCTIONS, THE LEGAL OFFICER SHALL:
  1. Represent the province in all civil actions and special proceedings wherein the government unit or any official thereof, in his official capacity, is a party;
  2. When required by the governor or sanggunian, draft ordinances, contracts, bonds, leases and other instruments involving any interest of the local government unit and provide comments and recommendations on any instruments already drawn;
  3. Render his opinion in writing on any question of law when requested to do so by the governor or sanggunian, as the case may be;
  4. Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office and recommend appropriate action to the governor or sanggunian, as the case may be;
  5. 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 governor;
  6. When directed by the governor, or sanggunian, initiate and prosecute, in the interest of the local government unit concerned, any civil action on any bond, lease or other contract upon any breach or violation thereof;
  7. Review and submit recommendations on ordinances approved and execute orders issued by component units;
  8. Render legal advice on matters pertaining to the decision-making functions of the department heads of the provincial government.
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