QuestionsQuestions (Republic Act No. 3028)
RA 3028 is titled “An Act Creating Danao City.” Its purpose is to create the corporate political entity of Danao City and provide its charter, including territory, governing structure, powers, and offices.
It comprises the present territorial jurisdiction of the Poblacion and the enumerated barrios of the Municipality of Danao, Province of Cebu, plus “all other barrios of the Municipality of Danao” not expressly listed.
It is a “political body corporate” with perpetual succession and the powers pertaining to a municipal corporation, exercisable in conformity with the Charter.
Danao City may use a common seal; alter it; take/purchase/receive/hold/lease/convey/dispose of property for city interests; condemn private property for public use; contract; sue and be sued; and prosecute/defend actions where its interests are involved, plus other powers conferred in the Charter.
The city is not liable for damages/injuries arising from failure to enforce Charter or other laws, or from negligence of the Mayor/board/officers/employees while enforcing or attempting to enforce. Exception: an aggrieved party may file a personal action in the proper court against the specific official or employee for act or omission.
For police purposes only, it is co-extensive with its territorial jurisdiction and extends three miles from the shores of the city; and for protecting/insuring the purity of its water supply, it extends over/within one hundred meters of reservoirs, conduits, canals, aqueducts, or pumping stations used in the city water service.
The Municipal Court has concurrent jurisdiction with the JPC to try crimes and misdemeanors committed within the drainage area (and specified one-hundred-meter spaces). The court first taking jurisdiction retains exclusive jurisdiction thereafter.
The Mayor is elected at large by qualified voters of the city. Qualifications: at least 25 years old, resident of the city for at least 10 years prior to election, and a qualified voter. Term: 4 years unless sooner removed.
(a) To comply with/enforce laws and ordinances and issue necessary orders for faithful enforcement. (b) To safeguard city lands/buildings/records/moneys/credits and city-owned property, and ensure taxes and revenues are collected and applied per appropriations. (c) To exercise immediate control over executive and administrative functions of city departments, subject to supervision of the President of the Philippines.
It allows the aggrieved party to file a personal action against the specific city official or employee in the proper court for the act or omission in performance of duties.
The Vice-Mayor is the presiding officer of the Municipal Board. He has no right to vote except in case of a tie.
Whenever the Vice-Mayor performs the duties and exercises the powers of the Mayor, he automatically ceases to be the presiding officer of the Municipal Board.
Ordinances/resolutions/money or liability motions require affirmative votes of a majority of all members. After passage, they go to the Mayor for approval/veto within 10 days; if not returned within 10 days, deemed approved. If vetoed, the reasons accompany the veto; it may be repassed by a two-thirds vote of all members. If still vetoed, it goes to the President for final action.
Penalties shall not exceed a fine of two hundred pesos or imprisonment for six months, or both. “For a single offense” means the stated maximum can be applied per violation being prosecuted, not cumulatively for separate charges unless separate offenses exist.
Examples include: (1) levy and collection of taxes, including real property tax not exceeding 1.5% ad valorem (with a limitation period in the first five years); (2) fix the tariff of fees and charges for city services; and (3) impose an occupation tax on specified professions not exceeding fifty pesos per annum.
Each barrio council includes: a barrio lieutenant (chairman), a sub-barrio lieutenant, and three councilmen for livelihood, education, and health (the health councilman also enforces laws/ordinances/resolutions within their scope and promotes barrio welfare).
Members are appointed by the Mayor. They are deemed agents in authority together with the barrio council members.