Title
Amendments to Bacolod City Charter
Law
Republic Act No. 4088
Decision Date
Jun 18, 1964
Amendments to the charter of Bacolod City, Philippines, include changes to the salaries of the mayor, vice-mayor, and city council members, the establishment of a City Court with appointed judges, and the roles and duties of various city officials.
A

Repeal of Paragraph in Section Nine

  • The second paragraph of Section nine of Commonwealth Act No. 326 is repealed.

Compensation of Vice-Mayor and City Council Members

  • Vice-mayor's annual salary is fixed at six thousand six hundred pesos.
  • Each member of the city council receives a salary of four thousand eight hundred pesos per annum.

Appointment and Compensation of the Secretary of the Council

  • The city council shall elect a secretary to serve during the term of council members.
  • Vacancies in the secretary position are filled similarly.
  • The secretary's compensation shall not be less than four thousand two hundred pesos annually and is fixed by the council.

Powers to Regulate and Fix License Fees (Section 17, Subsections l and m Amended)

  • Authority to regulate and fix license fees for various vocations and establishments including hawkers, barbers, embalmers, public vehicles, pawnshops, and more.
  • Additional regulation and taxation over theaters, performances, sugar centrals, rice mills, dealers in new automobiles, and classified retail dealers.
  • Power to tax, fix license fees, regulate businesses, and fix locations for factories, blacksmith shops, lumber yards, shipyards, and establishments handling combustible or explosive materials.
  • Regulation over establishments like tanneries, funeral parlors, soap factories, subject to health regulations.

Establishment and Composition of City Court

  • There shall be a City Court with two judges appointed.

Jurisdiction and Powers of the City Court

  • The City Court shall have two judges and two auxiliary judges.
  • Judges have powers and jurisdiction similar to municipal judges but with territorial jurisdiction over the city's police zone.
  • All fines, forfeitures, and fees collected benefit the city treasury.
  • The City Court possesses concurrent territorial jurisdiction with the Court of First Instance and municipal courts within its police zone.
  • Jurisdiction over offenses is exclusive to the first court assuming jurisdiction.

Appointment and Role of the Clerk of the City Court

  • The City Court shall have a clerk appointed by the City judge under Civil Service rules.
  • Clerk's compensation shall not exceed three thousand pesos per annum.
  • Responsibilities include keeping the court seal, affixing it on official documents, maintaining dockets of trials, and administering oaths.
  • The clerk also acts as the city sheriff, with powers and duties like those of provincial sheriffs.
  • The city council may provide additional clerks as needed.

Structure and Duties of the City Attorney and Assistants

  • The law department comprises the city attorney and seven assistants under the Secretary of Justice's supervision.
  • The city attorney is chief legal adviser, represents the city in civil cases, attends council meetings, drafts legal documents, and gives written opinions when requested.
  • Responsibilities include investigating misconduct by city officers/employees or franchise holders, prosecuting breaches of contracts, and handling all civil actions involving the city.
  • The city attorney also prosecutes crimes, misdemeanors, and ordinance violations in the City Court and Court of First Instance.

Repeal of Section Twenty-Three

  • Section twenty-three of the Charter is repealed.

Salary Provisions for City Officials and Employees

  • Specified salaries include:
    • City judge, city health officer, city attorney, city engineer, city treasurer: 7,200 pesos per annum.
    • City auditor, city assessor, chief of police: 6,600 pesos per annum.
    • Secretary to the mayor: 4,200 pesos per annum.
  • Assistant city attorneys' salaries range from 6,600 to 3,000 pesos per annum based on rank.
  • City council fixes salaries by ordinance subject to approval by the respective National Government head.
  • If appropriation fails, previous year's salaries shall continue without further appropriation.

Retention of City Attorney and City Engineer Positions

  • Notwithstanding other Commonwealth Acts, Bacolod shall maintain its own city attorney and city engineer as provided in its Charter.

Effectivity Clause

  • The amendments take effect upon approval of the Act on June 19, 1964.

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