Question & AnswerQ&A (Commonwealth Act No. 51)
Commonwealth Act No. 51 establishes the city of Davao by creating its charter, defining its territory, government structure, powers, and functions.
The City of Davao comprises the territories of the present municipality of Davao and the municipal district of Guianga.
The City of Davao is a political body corporate with perpetual succession and municipal corporation powers exercised under this Charter.
The police jurisdiction extends three miles from the shore into the sea and over a land zone of two and one-half miles surrounding the city, including protection of water supply drainage areas within the city.
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.
The Mayor enforces laws and ordinances, safeguards city property, ensures tax collection, institutes judicial proceedings, supervises city officers, makes appointments, vetoes ordinances, and performs other executive functions prescribed by law or ordinance.
The city engineer serves as acting Mayor; if unavailable, the city treasurer serves, and if both are unavailable, the President appoints an acting Mayor.
The City Council is composed of the Mayor, city engineer, city treasurer, and five councilors (two appointed by the President and three elected by popular vote until next general elections).
The Council may levy taxes, fix fees, establish schools, maintain police, enact ordinances for peace, regulate public utilities, and make appropriations for city expenses among others.
Yes, the Mayor has veto power, but the Council may override a veto with a two-thirds vote of all members.
The previous year's appropriation ordinance is deemed reenacted until a new one is passed.
The city engineer manages public works, prepares plans and specifications, supervises construction and repair, maintains public property, regulates building safety, and supervises water and sewer systems.
There are a Judge and auxiliary Judge with jurisdiction like justices of the peace and exclusive jurisdiction over police zone offenses; they handle fines and prosecutions benefiting the city treasury.
The city attorney is the chief legal adviser, represents the city in civil and criminal cases, drafts ordinances and contracts, investigates neglect or misconduct, and prosecutes violations of city ordinances.
Real estate is subject to an annual tax up to 2% of assessed value, with penalties for delinquency, lien enforcement, and procedures for tax sale, redemption, and forfeiture.
Lands and buildings owned by the US, Philippines, City or Province of Davao, churches, burying grounds, and properties used exclusively for religious, charitable, scientific, or educational purposes and not for profit are exempt.
The City Council may levy special assessments on properties benefiting from public improvements up to 60% of the cost, paid in annual installments, subject to public notice and hearing.
The chief of police organizes and supervises police forces, quells disturbances, arrests violators, manages the city prison, serves processes, and enforces municipal and court orders within the city jurisdiction.
City officers are prohibited from business transactions with the city, purchasing city property sold for taxes, acting as sureties for contractors, or receiving special favors beyond those accorded to the public.