QuestionsQuestions (Republic Act No. 981)
RA 981 establishes the new capital of the Province of Cavite and creates the City of Trece Martires as a political subdivision with perpetual succession and corporate powers similar to chartered cities.
The District Engineer surveys the territory within three months using metes and bounds; the Director of Public Works certifies the survey to the President, who then defines the boundaries and limits by executive order.
Police jurisdiction extends within city limits and, for protecting water purity/quantity, also covers the drainage area of the water supply and within 100 meters of reservoirs, conduits, canals, aqueducts, pumping stations, or watersheds used for the city water service.
The municipal court has concurrent jurisdiction with the justice of the peace courts of the municipalities where the area lies; the court first taking jurisdiction retains exclusive jurisdiction thereafter.
They accrue to the treasury of the municipality in which the specific 100-meter space or drainage area lies, not to the City of Trece Martires.
The city is not liable for damages or injuries arising from failure of city officials/employees to enforce the charter or other laws/ordinances, or from negligence while enforcing or attempting to enforce them.
Chief officials include the City Mayor, members of the City Council, city engineer, city treasurer-assessor, city fiscal, city health officer, chief of police, judge of the municipal court, and secretary of the City Mayor. Certain provincial officials are also ex officio the corresponding city positions (e.g., governor as ex officio City Mayor; provincial board members as ex officio council members).
The City Mayor enforces laws/ordinances; safeguards city property/records/moneys; ensures collection and proper application of city revenues; prosecutes/defends suits for the city; inspects city records; recommends measures to the council; represents the city in business matters; and submits the city budget at least two months before the fiscal year.
The City Council levies taxes, makes city appropriations, and fixes officers/employees’ number and salaries (subject to limits). It may appropriate for salaries and wages only up to 60% of the expected city revenue for that fiscal year without express authorization of the President.
Two members constitute a quorum. Passage of any ordinance requires two affirmative votes. The council sits with open doors unless all members affirmatively order otherwise, and it records ayes and nays for ordinances and other specified resolutions.
The Department Head may disapprove directly any ordinance, resolution, or motion (or parts thereof) if found beyond the powers conferred upon the City Council.
Public works involving an estimated cost of PHP 3,000 or more must be awarded by the City Mayor on the recommendation of the city engineer to the lowest responsible bidder after public advertisement and publication. Execution by administration may be allowed for PHP 3,000+ works with required approvals.
He collects city taxes, licenses, rents, and other charges; receives fines/forfeitures; deposits collections daily in a government depository bank; disburses funds via proper vouchers and authorized appropriations; renders accountings; purchases supplies through the purchasing agent; and conducts annual assessment for taxation.
The City Fiscal is the chief legal adviser; represents the city in civil cases where the city is a party; institutes suits on bonds/leases/contracts when directed; drafts and reviews instruments; gives written legal opinions when requested; investigates failures in franchises/privileges; and prepares necessary complaints/informations for violations of laws/ordinances and handles criminal prosecutions triable in the municipal court and Court of First Instance.
He supervises health/sanitary conditions; executes/enforces public health laws/ordinances; recommends needed health ordinances; prosecutes sanitary violations; conducts inspections supported by police/sanitary inspectors; keeps the city civil register for births, marriages, and deaths; and performs duties directed by the Director of Health.
First process is a summons, but a warrant may issue first upon an affidavit showing reasonable grounds that the ordinance was violated and that the respondent is guilty; proceedings follow rules on process/pleading/practice applicable to Philippine courts as far as applicable.
Appeals lie when fine or imprisonment (or both) is imposed. The appellant files a written statement of appeal within 15 days from promulgation/entry, before 6:00 p.m.; filing perfects the appeal. The perfected appeal vacates the municipal court judgment and leads to a trial de novo.