Title
Supreme Court
Charter of the City of Calbayog
Law
Republic Act No. 328
Decision Date
Jul 15, 1948
Republic Act No. 328 establishes the City of Calbayog, defining its territorial jurisdiction, corporate powers, and governance structure, including the appointment and responsibilities of the Mayor and the Municipal Board.

Q&A (Republic Act No. 328)

The City of Calbayog comprises the present territorial jurisdiction of the municipalities of Calbayog, Oquendo, and Tinambacan in the Province of Samar.

The City of Calbayog constitutes a political body corporate with perpetual succession, possessing powers pertaining to a municipal corporation exercised under its Charter.

The Mayor is appointed by the President of the Philippines with the consent of the Commission on Appointments and holds office at the pleasure of the President.

The Mayor has control over the city's executive and administrative functions, must enforce laws and ordinances, safeguard city property, collect taxes and revenues, cause judicial proceedings to protect city interests, supervise city employees, submit annual budgets and reports, represent the city legally, grant or revoke permits, and perform emergency and other prescribed duties.

The Municipal Board is composed of the Mayor as presiding officer and eight councilors appointed by the President with the Commission on Appointments' consent, serving for four years unless sooner removed.

Ordinances require five affirmative votes to pass. After passage, the Mayor may veto an ordinance within ten days, providing written reasons. The board can override the veto with six affirmative votes. If the Mayor vetoes again, the Secretary of the Interior decides finally.

The City Treasurer manages finances, collects taxes, licenses, rents, and fees, disburses funds according to appropriations, renders accounts, deposits municipal funds, and acts as the chief fiscal officer and financial adviser.

The City Engineer supervises engineering work, surveys, public improvements, building inspections, and maintenance of public properties like streets, parks, docks, waterworks, and regulates manufacturing appliances and safety measures.

The Mayor, chief of police, chief of secret service, and all police and detective force members are peace officers. They may execute processes, arrest without warrant under certain conditions, detain arrested persons, and special police may be sworn in for emergencies.

The City Assessor lists taxable properties and values them; taxes are levied at rates not exceeding 2% ad valorem. Taxes are payable annually or in two installments with penalties for delinquency. Properties can be seized, sold, and titles transferred to the city in case of continued nonpayment, subject to redemption rights.


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