Section 11. Provincial Fiscals and City Fiscals; Duties and Functions. —

The provincial fiscal or the city fiscal shall:

  1. Be the law officer of the province or city, as the case may be. He shall have charge of the prosecution of all crimes, misdemeanors and violations of city or municipal ordinances in the courts of such province or city and shall therein discharge all the duties incident to the institution of criminal prosecutions.

  2. Investigate and/or cause to be investigated all charges of crimes, misdemeanors and violations of all penal laws and ordinances within their respective jurisdictions and have the necessary information or complaint prepared or made against the persons accused. In the conduct of such investigations he or his assistants shall receive the sworn statements or take oral evidence of witnesses summoned by subpoena for the purpose.

  3. Investigate commissions of criminal acts and take an active part in the gathering of relevant evidence. For this purpose, the National Bureau of Investigation, the Philippine Constabulary and other offices and agencies of the government shall extend to him the necessary assistance.

  4. Any provision of Republic Act No. 2264, otherwise known as the Local Autonomy Act, and Republic Act No. 5185, also known as the Decentralization Act, to the contrary notwithstanding, the provincial or city fiscal may, concurrently with the Municipal Attorney or with the Provincial Attorney/City Legal Officer, whose positions are provided for in the above-mentioned Act, act as legal adviser of the municipal or city mayor and council or sanggunian of the various municipalities, and municipal districts of the province, or the provincial or city government and its officers or of the city. As such he shall, when so requested, submit his opinion in writing upon any legal question submitted to him by any such officer or body pertinent to the duties thereof.

  5. Assist the Solicitor General, when so deputized in the public interest, in the performance of any function or in the discharge of any duty incumbent upon the latter, within the territorial jurisdiction of the former, in which cases, he shall be under the control and supervision of the Solicitor General with regard to the conduct of the proceedings assigned to him and render reports thereon.