NOTING the increasing cases in the municipalities that need legal representation, Davao City 1st District Rep. Paolo “Pulong” Duterte has filed a proposed measure that would amend Section 481 of Republic Act No. 7160 or the Local Government Code of 1991 making appointments of legal officers mandatory in every municipality.
The Local Government Code of 1991 states that the appointment of a Legal Officer is mandatory for the provincial and city governments only while optional for the municipal governments.
House Bill No. 9330 seeks to amend the Local Government Code of 1991, making the appointment of a Legal Officer in every municipality mandatory —similar to the Legal Officers in the city and province.
“Considering the compulsory nature of the functions being exercised by a Legal Officer, the position’s appointment as optional becomes contradicting to the intent of the Local Government Code to streamline the bureaucracy in the LGUs,” Duterte explained, adding there is an increasing cases in the municipalities that need legal representation and only the Legal Officers, as the official Chief Legal Counsels of the LGU, could exercise the said function.
Duterte also said that the powers and duties of a Municipal Legal Officer are not extremely different, if not entirely different at all, from those of the City and Provincial Legal Officers.
The lawmaker further explained that as the official Chief Legal Counsel of a local government unit, a Legal Officer has certain powers and duties provided under the same provision of law, which include but are not limited to: (1) formulating measures for the consideration of the Sanggunian; (2) providing legal assistance and support to the governor or mayor;
(3) representing the local government unit in all civil actions and special proceedings wherein the local government unit or any official thereof, in his official capacity; (4) drafting ordinances, contracts, bonds, leases and other instruments, involving any interest of the local government unit;
(5) investigating or causing to be investigated any local official or employee for administrative neglect or misconduct in office, and recommend appropriate action to the governor, mayor or Sanggunian, among others.
The following acts fall under the constituent function of the state which is defined by jurisprudence as the very bonds of society and compulsory in nature — the government is required to exercise such functions to promote its objectives expressed in the Constitution and as an attribute of sovereignty, Duterte added.
