QuestionsQuestions (BATAS PAMBANSA BLG. 71)
It comprises the territories of the present municipality of Davao and the municipal district of Guianga.
It constitutes a political body corporate with perpetual succession and powers of a municipal corporation, exercisable under the Charter.
The city has a common seal and may alter it; it may take, purchase, receive, hold, lease, convey, dispose of property; condemn private property for public use; contract; sue and be sued; prosecute and defend to final judgment and execution; and exercise powers conferred by the Charter.
When the damages arise from the failure of the Mayor, City Council, or other officer to enforce the Charter or any law/ordinance, or from negligence of these officials while enforcing or attempting to enforce such provisions.
It extends three miles from the shore into the sea and over a land zone surrounding the city of two and one-half miles in width; it also extends over the drainage area of the city water supply and within 100 meters of reservoirs, conduits, canals, aqueducts, or pumping stations.
The Mayor is appointed by the President with the consent of the Commission on Appointments of the National Assembly and holds office at the pleasure of the President.
They include enforcing laws and ordinances; safeguarding city lands/buildings/records/moneys; ensuring collection of revenues and proper application; initiating actions to recover city property/funds and defending suits; overseeing officers/employees; inspecting executive records at least annually; giving info/recommendations to the Council; representing and signing city contracts/bonds; submitting annual budget by Oct. 31; deciding petitions/complaints/claims of administrative or executive character; granting/revoking municipal licenses; determining time/manner/place of payment of salaries/wages; exempting deserving poor pupils from school fees (with concurrence of superintendent); making appointments (subject to Charter); taking emergency measures against disasters; rendering annual report to the Secretary of the Interior; exercising veto subject to Council override.
Public works are carried out by administration under the city engineer; for justified reasons, the Mayor may have them done totally or partially by contract, after advertising sealed bids in two newspapers for one week (first insertion not less than ten days before opening), with plans/specifications on file for inspection.
Each bid must be accompanied by a deposit fixed by the Mayor, at least P200 and at most 10% of estimated cost (when cost exceeds P2,000). The deposit is forfeited if the contract is awarded and the bidder neglects or refuses to enter into the contract with approved sureties.
It consists of the Mayor (presiding officer), the city engineer, the city treasurer, and five councilors: two appointed by the President with consent of the Commission on Appointments of the National Assembly, and three elected by popular vote.
The affirmative vote of a majority of all the members of the City Council is necessary for passage.
It takes effect on the tenth day after passage unless vetoed by the Mayor before expiration of the ten-day period. If vetoed and repassed, it takes effect ten days after the veto is overridden by a two-thirds vote of all Council members.
The previous year’s appropriation ordinance is deemed reenacted from year to year, renewed and effective on January 1 each year, until a new appropriation ordinance is enacted.
Examples include: levying/collecting taxes (including real property tax up to 1.5% with allocations specified); setting fees/tariffs for services; providing public buildings; establishing free public schools; maintaining a police force and police ordinances; maintaining courts; establishing fire zones and fire-safety regulations; regulating streets/public places and traffic; providing waterworks and sewer systems; regulating licensing fees for various businesses; enacting ordinances for peace, morals, safety, and general welfare.
A fine not exceeding P200 or imprisonment of not more than six months, or both, for a single offense.
He is in charge of engineering/public works; prepares plans/specifications and supervises construction/repair; inspects engineering materials; surveys city property and public works; maintains care/custody of public buildings and systems (lighting, markets, slaughterhouses); prevents encroachments and regulates numbering and private building safety; inspects/supervises docks/wharves; has care/custody of waterworks/sewers and sources of water supply; controls/regulates the use of these systems per ordinances; can order removal of buildings/structures erected in violation, subject to Mayor’s approval.
It has the same powers/duties/jurisdiction as justices of the peace and auxiliary justices, plus territorial jurisdiction over the entire police zone of the city. It also has concurrent territorial jurisdiction with the Court of First Instance and municipal courts of justices of the peace to try crimes and misdemeanors committed within the police zone; the court first taking jurisdiction retains exclusive jurisdiction.