The Office is one of the 19 departments/offices of the City Government of Davao. The office has 49 various positions comprising 6 divisions created under its office plantilla of personnel.

At present, it has a total of forty one (40) appointed officials and employees all of which are in permanent status. Nine (9) plantilla positions are still vacant including the position of the City Legal Officer.

Since the time of vacancy of the position of City Legal Officer last March 2010 the incumbent Assistant City Legal Officer was the one designated by the Honorable City Mayor to act as one. He is assisted by seven (7) lawyers in handling various cases wherein the city or any of its official is a party.

The Office is also currently implementing three (3) continuing projects namely: (1) City Franchising & Regulatory Board, (2) Motorized Tricycle-for-Hire (MTH) City Wide Law Enforcement and Monitoring Program, and (3) Real Property Task Force.

 

Our Vision-Mission

We commit to transform the City’s vision into reality by providing legal services with the highest degree of excellence and professionalism, justness and sincerity, commitment to public interest, prompt, courteous, effective and efficient public service.

 Our Goals and Objectives
  1. To provide effective and efficient legal counseling services.
  2. To represent the city or any officials thereof, in their official capacity, in all civil actions and special proceedings.
  3. To answer legal queries and render opinions in writing on any questions of law.
  4. To investigate any official or employee for administrative neglect or misconduct in office.
  5. To investigate any person, firm or corporation for failure to comply with any term or condition in the grant of franchise or privilege.
  6. To provide legal advise to punong barangay or to any lupon or pangkat member involving questions of law related to Katarungang Pambarangay.

 

Our beginnings

The Office of the City Legal Officer in the City Government of Davao was originally created on September 12, 1969 under Resolution No. 624, Series of 1969 of the 12th City Council of Davao and approved on December 4, 1969 by then Mayor Eliaz B. Lopez. The creation was in pursuance of Section 19 of Republic Act No. 5185 also known as the “Decentralization Act of 1967”. It provides that “the functions hitherto performed by the provincial and city fiscals in serving as legal adviser and legal officer for civil cases of the province and city shall be transferred to the provincial attorney and city legal officer, respectively”.

Section 481, Article XI, Title V. Book III of Republic Act No. 7160 also known as the Local Government Code of 1991 which became effective on January 1, 1992, enumerates the qualifications, terms, powers and duties and functions of the legal officer.

 

Who we are

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What we do

City Legal Officer – Chief Legal Counsel of the city. Shall take charge of the Office of Legal Services Assistant City Legal Officer – Assist the City Legal Officer and perform such other duties as the later may assign to him.Administrative Services Division:

  1. Formulate and develop plans, policies and regulations on office personnel administration and development, including evaluation of employees performance, discipline and promotion in accordance with civil service laws and rules.
  2. Undertake a comprehensive personnel program, training and orientation, designed to raise the level of efficiency, effectiveness, and morale of personnel;
  3. Provides the office with services related to personnel, supply and records management, general clerical, janitorial, security, transportation, maintenance and repairs;
  4. Handles the budgetary and fund control functions such as the preparation of budgetary request and their justifications, request for fund allotments, and budget accountability reports; and
  5. Perform such other related duties and functions as may be assigned or directed.
Trial Division:
  1. Attend to court trials of all civil actions and special proceedings wherein the city or any official thereof, in his official capacity, is a party;
  2. Initiate and prosecute in the interest of the city, when directed by the mayor or Sanggunian, any civil action on any bond, lease or other contract upon any breach or violation thereof;
  3. Protect and prosecute any human rights violations particularly those which occur during and in the aftermath of man-made or natural disasters or calamities;
  4. Undertakes legal research work of applicable laws and jurisprudence on all cases handled involving the interest of the city; and
  5. Perform such other duties and functions as may be assigned or directed.
Investigation & Research Division
  1. Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office and recommend appropriate action to the mayor or Sanggunian;
  2. 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 mayor or Sanggunian;
  3. Review and submit recommendation on ordinance approved and executive orders issued by component units;
  4. Undertake legal research work of applicable laws and jurisprudence on all matters handled and investigated; and
  5. Perform such other duties and functions as may be assigned or directed.
Legal Assistance Division
  1. Formulate measures for consideration of Sanggunian & provide legal assistance & support to the mayor in carrying out the delivery of basic services & provisions of adequate facilities under the local government code;
  2. Develop plans & strategies and upon approval by the mayor, implement the same, regarding those programs and projects related to legal services which the mayor is empowered to implement and which the Sanggunian is empowered to provide;
  3. Draft ordinances, contract, bonds, leases, & other instruments, involving any interest of the city and provide comments and recommendation on any instruments already drawn;
  4. Render opinion in writing on any questions of law when requested to do so by the mayor or Sanggunian;
  5. Render legal advice on matters involving questions of law to the Punong Barangay or any lupon or pangkat member in the administration of katarungang pambarangay; and
  6. Perform such other duties and functions as may be assigned or directed.
Transportation Regulation Division
  1. To hear and decide uncontested MTOP Application;
  2. To issue, amend, revise, drop, cancel and revoke MTOP after due notice and hearings;
  3. To conduct investigation and hearings of complaints for violations of this Code and other traffic laws, ordinances, rules and regulations issued by the Davao City MTH Franchising Board;
  4. To summon operators / drivers and witnesses to appear in any of the hearings, conducted by the Transportation Regulation Division (TRD);
  5. To coordinate and cooperated with other Government agencies with any aspect involving MTH services with the end view of effecting continuing improvement of such services;
  6. To determine, fix and prescribe summons or traffic citation tickets for citing violators of this code and traffic ordinances of the City of Davao;
  7. To implement and enforce the rules and regulation requiring MTH operators to equip, install and provide their units with such devices, equipment, facilities that may be promote safety, protection, comfort and convenience of the riding public;
  8. To perform the functions and duties as may be provided by law or as may be necessary proper or incidental to the purposes and objectives of this Code;
Law Enforcement Division
  1. Shall handle all cases involving the implementation, processing and approval of all subdivision plans pursuant to the provisions of all pertinent laws thereto;
  2. Shall likewise handle all cases involving violations of Letter of Instructions No. 551, Pres. Decree no. 1181 and the Anti-Pollution Ordinance which may now or hereafter be adopted by the Sangguniang Panlungsod; and
  3. Such other powers and functions which may be assigned thereto.