Functions
The City Legal Office serves as the chief legal counsel of the City Government.
Among its objectives are: to formulate measures for consideration of the Sangguniang
Panlungsod, provide legal assistance and support to the City Mayor in the delivery of
basic services and provide adequate facilities as provided for under Section 17 of the
Local Government Code.
This office is also tasked to develop and implement plans and strategies related to legal
services which the City Mayor and Sangguniang Panlungsod are empowered to provide
under the Local Government Code. Furthermore, the City Legal Office represents the city
government in all civil actions and special proceedings wherein the city or any official
thereof, in his official capacity, is a party.
When required by the City Mayor or Sangguniang Panlungsod, this office drafts
ordinances, contracts, bonds, leases and other instruments involving any interest of
the city government, and provide comments and recommendations or any instruments
already drawn. This office also renders opinion in writing on any question or law when
requested by the City Mayor or Sangguniang Panlungsod.
The City Legal Office also investigates or cause to be investigated any city official or
employee for administrative neglect or misconduct in office, and recommend appropriate
action to the Sangguniang Panlungsod, as the case may be. When directed by the City
Mayor or Sangguniang Panlungsod, this office will initiate and prosecute on the interest
of the City Government any civil action on any bond, lease of contract upon any breach
or violation thereof.
This office also reviews and submits recommendations on ordinances approved,
and executive orders issued by component Barangays. The City Legal Office also
recommends measures to the Sangguniang Panlungsod and advises the City Mayor on all
other matters related to the upholding the rule of law.
FAQs
1Q: Can a spouse re-marry after their separation in fact with the other spouse and
there is still a valid and subsisting marriage?
1A: No. It is only through a petition filed in court for annulment of marriage and after
the same has been granted may a spouse be able to marry again.
2Q: After the death of a parent, how will the heirs divide the estate left by the
decedent?
2A: The heirs will execute an Extrajudicial Settlement of Estate. If parties can not
agree on the partition, a case for judicial partition must be filed in court.
3Q: If a married couple is separated in fact, will the legitimate children/family get
support from the father?
3A: Yes. The father (if he has means to do so) has the obligation to support his
legitimate children/family. If the father unjustly refuses, a case for either Violence
Against Women and their Children or Special Civil Action for Support should be
filed to compel the father to provide support.
4Q: Errors to the certificate of live birth. What is the remedy?
4A: If the error is mere clerical or typographical, correction/s may be made
administratively through the local civil registrar where the fact of birth was
registered. If error is substantial or it affects the surname, gender, status, etc., a
case for correction of entries in the birth certificate should be filed in the Regional
Trial Court where the fact of birth was registered.
5Q: A spouse is cohabiting with another person or having an affair with another who
is not his/her spouse. Any remedy?
5A: A case for concubinage / adultery (where applicable) or Violence Against Women
and their Children (VAWC) may be filed against the erring spouse and the other
person.