Title
Amendment to Charter of City of Cavite
Law
Republic Act No. 3404
Decision Date
Jun 18, 1961
Amendment to Commonwealth Act No. 547 grants the City of Cavite the power to regulate and fix license fees for businesses and activities, while also increasing the compensation of government officials and appointing new members to the Municipal Board.
A

City Seal and Powers

  • The city shall have a common seal which may be altered.
  • The city may own, lease, dispose of property, contract, sue and be sued.
  • The Charter powers are liberal and not limited to specific mentions.

Police Jurisdiction

  • Police jurisdiction covers the entire city territory.
  • Extended police jurisdiction over the water supply drainage area and within 100 meters of reservoirs and water facilities.
  • City municipal court has concurrent jurisdiction with municipal courts in those extended areas.
  • First court to assume jurisdiction retains it exclusively.

Mayoral Office

  • The Mayor is the chief executive with immediate control over city departments and agencies.
  • Election at large for a term of 4 years; qualifications include age of 30, residency of 5 years, and voter registration.
  • Removal grounds include disloyalty, dishonesty, oppression, or misconduct.
  • Salary capped at ₱7,200 annually plus a possible allowance.

Vice-Mayoral Office

  • Vice-Mayor performs mayoral duties in specified absences or vacancy.
  • Inability of Vice-Mayor leads to succession by President Pro-tempore of the Municipal Board, or City Treasurer.
  • Vice-Mayor elected with same qualifications as Mayor.
  • Salary capped at ₱4,800 annually.

General Powers and Duties of the Mayor

  • Direct control and supervision over executive and administrative city functions.
  • Subject to supervision of the Office of the President.
  • Powers include oversight and coordination responsibilities (detailed enumerations omitted).

City Secretary

  • Appointed by Mayor, serves at the mayor's pleasure.
  • Custodian of city records, corporate seal, and attestation of official documents.
  • Oversees departmental coordination and personnel system compliant with Civil Service Law.
  • Develops administrative procedures and conducts management studies.
  • May attend board meetings as Mayor’s proxy.
  • Salary not exceeding ₱4,200 per annum.

Municipal Board Composition and Organization

  • Legislative body with Vice-Mayor as presiding officer, without vote except to break ties.
  • Eight councilors elected at large.
  • Board elects a President Pro-tempore.
  • Temporary substitutes appointed by President of the Philippines during absences.
  • Members receive ₱3,600 annual salary.

Municipal Board Qualifications and Terms

  • Members must be at least 25 years old, city residents for 2 years.
  • Elections held during regular provincial and municipal elections.
  • Terms start January 1 following election.

Secretary of the Municipal Board

  • Appointed by the Board, serves for the term of the Board.
  • Salary capped at ₱3,600 annually.

Municipal Board Procedures

  • Weekly regular sessions, special sessions called by Mayor or members.
  • Open sessions unless 5 members vote otherwise.
  • Quorum is 5 members.
  • Failure to attend may lead to fines or arrest order.
  • Ordinances require 5 affirmative votes; emergency ordinances may waive certain procedural requirements.
  • Ordinances take effect 10 days after passage unless vetoed or otherwise provided.
  • Budget ordinance provisions allow effectivity without Secretary of Finance approval under specified fiscal conditions.

Regulatory and Taxation Powers

  • Authority to distribute free medicines and foods to indigents under Mayor’s supervision.
  • Establish and maintain schools; fix tuition with approval.
  • License fees and regulation on various trades, businesses, and occupations such as hawkers, plumbers, barbers, clubs, amusement places, dealers in goods, and others.
  • Taxation of dealers classified by goods sold, with special license provisions.
  • Regulation of dance halls, saloons, bars, cockpits.
  • Operation and maintenance of waterworks, sewers, drains, sanitation facilities.
  • Ordinances extended over water bodies and protected areas around water facilities.
  • Taxation and regulation of intoxicating liquors.
  • Authority to tax and regulate other unspecified businesses and occupations.

Additional Regulatory Powers

  • Additional taxing and licensing of various manufacturers and trades.
  • Prohibition and suppression of riots, disorderly conduct, houses of ill fame, gambling, obscene publications.
  • Property owners required to construct or repair sidewalks, with costs collectible as special assessment.
  • Health and sanitation enforcement via filling of land and property.
  • Prohibition on carrying firearms within the city by unauthorized persons.

City Departments

  • Includes Finance, Assessment, Engineering, Law, Health, Police, and Fire Departments.
  • Mayor supervises all departments except Law Department which is under DOJ supervision.
  • Municipal Board may reorganize or consolidate departments upon Mayor’s recommendation.

Appointment and Removal of Officials

  • President appoints judges, city treasurer and assistant, city engineer, fiscal, health officer, police and fire chiefs, and other department heads.
  • Mayor appoints other city employees subject to Civil Service Law, and may suspend or remove them with appeals to Civil Service Commissioner.

Conflict of Interest Prohibition

  • Officers prohibited from engaging in business transactions with the city that result in personal gain.
  • Prohibited from purchasing city property sold for taxes or lawsuits.
  • Prohibitions extend to acts of suretyship and financial interests in city contracts.
  • Violation constitutes malfeasance with forfeiture of office.

Disqualifications and Ethical Conduct

  • Prohibition on giving or promising portions of compensation for nomination or employment.
  • Officers must not convert public property or commit fraud.
  • No coercion or intimidation to force resignations.
  • Violations lead to forfeiture of office.

Contract Limitations

  • City contracts involving payment cannot exceed five years.
  • Personal services contracts limited to mayoral term.
  • Must be approved by ordinance to be valid.

Assistant City Treasurer

  • Acts in the Treasurer’s absence or incapacity.
  • Salary set at ₱4,800 annually.

City Engineer

  • Heads Engineering and Public Works.
  • Salary not exceeding ₱5,700.
  • Responsible for care and maintenance of streets, parks, bridges.
  • Oversees garbage and waste disposal.

City Fiscal

  • Chief legal adviser.
  • Salary capped at ₱5,700.
  • Performs prosecutorial and advisory duties.

Preliminary Investigations

  • Required before filing complaints in Court of First Instance cases if accused not in custody.
  • Accused must be given hearing opportunity with cross-examination rights.
  • Detained accused may waive certain rights but investigation must conclude within ten days.

General Auditing Office

  • Auditor General or delegate audits all city accounts.
  • City auditor salary at ₱5,700 annually.

City Health Department

  • City Health Officer heads the department; salary capped at ₱5,700.
  • Duties include supervision of cleanliness of public buildings, streets, markets, slaughterhouses.
  • Authority to declare nuisance conditions affecting public health with communication to Mayor.
  • Administers social welfare programs, medical aid to indigents.
  • Ex-officio local civil registrar with additional salary.

Continuity of Incumbent Officials

  • Existing officers and employees continue in office until successors are elected and qualified, or removed for cause.
  • Compensation continues at current rates unless modified by law.
  • City Treasurer and City Engineer cease to be members of the Municipal Board upon effect of the Act.
  • First Vice-Mayor and additional Board members appointed by the President until elected successors.

Repeal of Conflicting Laws

  • Any inconsistent laws, executive or administrative orders are repealed or modified accordingly.

Effectivity

  • The Act takes effect immediately upon approval.

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