QuestionsQuestions (Republic Act No. 523)
It comprises the present territorial jurisdiction of the municipality of Butuan in the Province of Agusan.
The City of Butuan is a political body corporate with attributes of perpetual succession and municipal powers exercisable under the Charter.
The City has a common seal and may alter it; may purchase, receive, hold, lease, convey/dispose of property; condemn private property for public use; contract and be contracted with; sue and be sued; prosecute and defend to final judgment and execution where the City is a party; and exercise powers conferred by the Charter.
No. Section 5 provides that the City shall not be liable or held for damages or injuries arising from failure of the Municipal Board, Mayor, or any city officer/employee to enforce the Charter or any other law/ordinance, or from negligence while enforcing or attempting to enforce the Charter.
It is coextensive with territorial jurisdiction and extends three miles from the shore into Butuan Bay; for water purity, it further extends over the drainage area of the water supply or within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service.
The Mayor is appointed by the President with the consent of the Commission on Appointments, and holds office at the pleasure of the President.
The Vice-Mayor performs the duties during sickness, absence, or temporary incapacity, or until the vacancy is filled according to law. If the Vice-Mayor is temporarily incapacitated or the vice-mayoral position is vacant, the City Engineer acts as Mayor (acting mayor has the same powers and duties).
Examples: enforce laws/ordinances; safeguard city properties and rights; collect taxes and apply them to appropriations; cause suits to recover city property/funds and defend suits against the City; inspect city records at least once a year; submit budget 2 months before each fiscal year; grant/refuse/revoke licenses/permits under conditions; and submit annual report to the Secretary of the Interior.
He has custody of city records/documents; keeps the corporate seal and affixes it with his signature to ordinances and official documents required by law/ordinance; attests executive orders, proclamations, ordinances, and resolutions; provides certified copies upon request of non-confidential records (with a specified fee); and performs other duties required by the Mayor.
It consists of the Mayor (presiding) and eight councilors: four elected at large by popular vote and four appointed by the President with Commission on Appointments consent. For quorum, five members constitute it; smaller numbers may adjourn and may compel attendance by ordering arrest of absent members absent good cause (with penalties set by ordinance).
Five affirmative votes are necessary for passage of any ordinance, and also for any resolution or motion directing the payment of money or creating liability. Other measures prevail by majority of members present.
The Mayor returns approved items/ordinances/resolutions/motions with approval or veto within ten days; if not returned, deemed approved. If vetoed, reasons in writing accompany. The Board may again enact the vetoed ordinance by affirmative votes of six members and forward again to the Mayor. If the Mayor again vetoes within ten days, it is forwarded to the Secretary of the Interior for final approval/disapproval.
The Secretary of the Interior may disapprove directly, in whole or in part, any ordinance/resolution/motion if found beyond the powers conferred upon the Board.
It can levy and collect taxes for general and special purposes in accordance with law, specifically including real property tax not to exceed 2% ad valorem.
Exempt: lands/buildings owned by the Republic, Province of Agusan, or City of Butuan and burying grounds; churches and adjacent parsonages/convents; lands/buildings used exclusively for religious, charitable, scientific, or educational purposes and not for profit. Limitation: exemption does not extend to lands/buildings held for investment even if income is devoted to religious/charitable/scientific/educational purposes.
They must file within 60 days next succeeding the acquisition/construction/addition a sworn declaration of value and sufficient description to identify the property. Failure means they are deemed to have waived the right to notice of assessment; assessment in the name of the former owner is valid and binding as if assessed in the name of the present owner.
The assessor still lists for taxation; if owner is unknown, tax is charged as against an unknown owner; if doubt/dispute exists, taxes are levied against the possessor(s). Separate assessment is made when land and improvements are separately owned.