Question & AnswerQ&A (Republic Act No. 4354)
The Revised Charter of the City of Davao is Republic Act No. 4354 enacted on June 19, 1965, which revises the charter creating the City of Davao as a political body corporate with defined powers, structure, departments, and governance provisions.
The City of Davao comprises the territories of the former Municipality of Davao and Municipal District of Guianga, including numerous barrios and areas such as Agdao Beach, Matina Crossing, Bunawan, Talomo River, and many more listed under Section 2.
The City of Davao is constituted as a political body corporate, having perpetual succession and possessing powers typical of a municipal corporation, exercised under the provisions of the charter.
The city has a common seal, may acquire and dispose of properties, litigate, contract, and exercise powers conferred by law, including condemnation for public use, and manage its assets and liabilities.
The city is not liable for damages or injuries arising from failure of officials or employees to enforce provisions of the charter or laws, except that aggrieved parties may file personal actions against the individual official or employee.
A person must be at least 25 years old, a resident of the city for at least two years prior to the election, and a qualified voter to be eligible as mayor.
The Mayor, as chief executive, enforces laws and ordinances, manages city properties and funds, oversees officers and employees, represents the city in contracts, submits annual budgets, issues or revokes licenses, makes appointments, and exercises veto power, among others.
The Vice-Mayor assumes the office in case of death, sickness, absence or vacancy. If the Vice-Mayor cannot assume, the councilor with the largest number of votes assumes office, continuing in order of vote rank until filled.
The City Council is composed of the Vice-Mayor as presiding officer and ten councilors elected at large by qualified voters of the city.
The City Council can levy taxes, fix salaries, regulate business licenses, maintain police and fire departments, regulate public works, enact ordinances for sanitation, peace, order, and general welfare, among extensive other powers enumerated in Section 16.
The Mayor returns the ordinance with written reasons. The Council may repass it by two-thirds vote, and if vetoed again, it is sent to the President for final approval or disapproval.
The President of the Philippines appoints certain officials like city judges and the fiscal with consent of the Commission on Appointments; the Mayor appoints other officers subject to Civil Service Law, except public school teachers and city court employees.
The City Fiscal is the chief legal adviser, prosecutes crimes and ordinance violations in the city court, investigates misconduct, draws contracts and ordinances, and represents the city in civil cases.
The City Court has jurisdiction over civil and criminal cases and incidental powers as conferred upon city courts of chartered cities and additional powers granted by this charter or special law.
The City Council may levy special assessments on properties specially benefited from public improvements such as roads, streets, and waterworks with a payment period of 5 to 10 years; there are procedures for publication, protest, hearing, appeals, and collection detailed in Article XIV.