Title
Charter of the City of Lapu-Lapu
Law
Republic Act No. 3134
Decision Date
Jun 17, 1961
The Charter of the City of Lapu-Lapu outlines legal procedures and governance, including the requirement for preliminary hearings and the responsibility of defendants to pay costs and fees in criminal cases, while also addressing the commitment of individuals to prison, the continuity of government officials, and the voting rights of the city's residents in provincial elections.

Q&A (Republic Act No. 3134)

Republic Act No. 3134 is known as the Charter of the City of Lapu-Lapu.

The City of Lapu-Lapu comprises the present territorial jurisdiction of the Municipality of Opon, Province of Cebu.

The City of Lapu-Lapu constitutes a political body corporate with perpetual succession and municipal corporation powers exercised in conformity with its Charter.

The City has a common seal, may hold and dispose of properties, contract, sue and be sued, and exercise all powers conferred by the Charter.

No, the city is not liable for damages arising from failure or negligence of its officials in enforcing laws, but aggrieved parties may file personal actions against officials.

Police jurisdiction is coextensive with territorial jurisdiction and extends three miles beyond the shores, including the water supply drainage area and 100 meters around water supply infrastructure.

A Mayor must be at least 25 years old, a resident of the city for at least 2 years prior to election, and a qualified voter of the city.

The Mayor enforces laws and ordinances, safeguards city property, ensures tax collection, institutes suits for the city, supervises city officials, represents the city, submits budgets, grants or revokes licenses, and takes emergency measures among others.

The Vice-Mayor is elected at large with the same qualifications as the Mayor and performs the Mayor’s duties in cases of death, absence, sickness, or vacancy, and other duties prescribed by law or ordinance.

The Municipal Board is composed of the Vice-Mayor as presiding officer and eight councilors elected at large. It enacts ordinances, appropriates funds, levies taxes, and regulates municipal affairs within legal limits.

The Mayor returns the ordinance with reasons within ten days. The Board may override the veto by a two-thirds vote. If vetoed again, it is forwarded to the President for final approval or disapproval.

Members must be qualified electors, residents for at least 2 years, at least 23 years old, elected for a four-year term and may be suspended or removed under conditions applicable to provincial officers.

With approval of the National Government Department Head, the Mayor may transfer officers and employees within the same department without changing their compensation.

The City Treasurer acts as chief fiscal officer, collects taxes, licenses, rents, administers markets and slaughterhouses, is accountable for city funds, disburses money upon appropriation, and submits financial statements.

The City Engineer manages city surveying and engineering works, supervises public improvements, inspects materials and buildings, cares for public properties, regulates private docks, waterworks, and enforces building ordinances.

The President of the Philippines appoints the City Fiscal with Commission on Appointments consent. The City Fiscal prosecutes and defends the city in civil and criminal cases, gives legal opinions, and investigates alleged misconduct.

The Municipal Court has jurisdiction over civil and criminal cases conferred by law upon municipal courts in chartered cities.

The Municipal Board may levy a real property tax not to exceed 1.5% ad valorem after five years from effectivity and may impose licenses and fees for various businesses and occupations as provided.

The Municipal Board may levy and collect special assessments on lands specially benefited by public works involving streets, waterworks, sewers, and other improvements, with assessments apportioned based on property valuation.

A penalty of 2% for each full month of delinquency accrues up to 24% of the original tax due for real estate taxes not paid by the deadline.


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