QuestionsQuestions (Republic Act No. 4354)
It is a political body corporate with perpetual succession and the powers pertaining to a municipal corporation, exercisable in conformity with the Charter.
It comprises the territory of the former Municipality of Davao and the municipal district of Guianga, including the enumerated barrios listed in the Charter.
The City is not liable for damages/injuries due to failure to enforce the Charter or negligence of mayor/city council/officers/employees while enforcing or attempting enforcement. However, an aggrieved party may file a personal action against the relevant official or employee in the proper court.
Co-extensive with territorial jurisdiction and extending three miles from the shores of the city; additionally, for water-purity purposes, it extends over the drainage area and within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used for city water service.
The city court has concurrent jurisdiction with the municipal court of the respective municipalities to try offenses within the drainage area (or within 100 meters). The court first taking jurisdiction retains exclusive jurisdiction thereafter.
The mayor is the chief executive and is elected at large by the qualified voters of the city.
At least 25 years of age at the time of election; resident of the city for at least two years prior to election; and a qualified voter therein.
Four-year term unless sooner removed; salary of PHP 18,000 per annum plus a commutable allowance for representation and quarters of not less than PHP 10,000 per annum.
The councilor who obtained the largest number of votes in the immediately preceding local elections assumes the office of mayor; if that councilor is also incapacitated or refuses, the next largest vote-getter assumes, and so on until the mayor’s permanent vacancy is filled.
To comply with and enforce laws and city ordinances/resolutions; to safeguard city lands/buildings/records/moneys/credits/property-rights; ensure taxes and revenues are collected and city funds applied per appropriations; and examine/inspect executive records at least once a year, among others.
The mayor may veto. A vetoed ordinance or resolution may be repassed by a two-thirds vote of all council members.
It consists of the vice-mayor as presiding officer and ten councilors elected at large by qualified voters.
They are disqualified to act with the City Council regarding duties relative to such election; if the number of members is unduly reduced, the President appoints a disinterested voter belonging to the same political party to act in their place for those matters.
Quorum requires a majority of all council members for transaction of business. The affirmative votes of a majority of all members are necessary for passage of any ordinance, or any resolution/motion directing payment of money or creating liability.
An ordinance takes effect and is in force on and after the tenth day following its passage unless otherwise stated or vetoed. If vetoed, it must be repassed by the required vote to take effect; otherwise it does not become effective as originally passed.
Not to exceed 2% of the assessed value of real property.
To provide for the prohibition and suppression of riots, affrays, disturbances, disorderly assemblies; houses of ill-fame and other disorderly houses; gambling and fraudulent devices; prostitution, vagrancy, intoxication, and other disorderly conduct; and obscene/pornographic pictures, books, or publications, among others.
It is unlawful for city officers to engage in business transactions with the city (or its authorized officials/boards/agents/attorneys) where money is paid from city resources; to purchase city property sold for taxes/assessments or by legal process; to be surety for persons having city contracts; to be surety on an officer’s bond; or to be financially interested in transactions/contracts involving the national government or its subdivisions/instruments when the national government is interested.