Title
Amendments to Quezon City Charter
Law
Commonwealth Act No. 659
Decision Date
Jun 21, 1941
The Amendments to Certain Sections of C.A. No. 502 and Insertion of New Sections Therein is a Philippine law that establishes Quezon City as a municipal corporation with the power to sue and be sued, acquire and dispose of property, condemn private property for public use, issue licenses, regulate subdivisions, and establish a municipal court with jurisdiction over civil and criminal cases.
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Defined Boundaries of Quezon City

  • The law precisely delineates Quezon City's territory with specific boundary markers and natural landmarks.
  • Boundaries include estates, rivers, roads, and Manila city limits.
  • The description allows for clear geographic identification of the city limits.

City Council Authority on Licenses

  • The City Council can issue licenses and set fees for a broad range of businesses and services.
  • Licensed activities include peddling, auctioneering, plumbing, hotels, clubs, transportation, entertainment, and others.
  • The Council can regulate the sale and distribution of alcoholic beverages and outdoor advertising.
  • The Mayor may revoke licenses summarily if abuse or nuisance occurs, with forfeiture of fees and possible licensing prohibition.

Regulation Over Subdivision Approvals

  • Subdivision plans must be approved by the city engineer before submission to national land offices.
  • Regulations ensure proper street design, open spaces, fire access, and avoidance of population congestion.
  • Standards include lot dimensions and infrastructure requirements like drainage and public utilities.
  • City engineer must approve plans within 60 days; judicial appeal is allowed if dissatisfied.

Additional Duties of Register of Deeds

  • The city registrar must perform duties assigned by law applicable to registers of deeds.

Assistant City Attorneys

  • There shall be three assistant city attorneys and deputized city attorneys as needed.
  • They assist the city attorney under his direction.

Municipal Court Establishment and Judges

  • Quezon City municipal court has two judges for its two branches.
  • Judges are entitled to up to 30 days vacation per year with pay.
  • Temporary judges may be appointed by the Secretary of Justice if needed.
  • The judges receive salaries fixed by law.

Municipal Court Personnel and Clerk Duties

  • The municipal court clerk is appointed by the mayor following civil service rules.
  • The clerk keeps the court seal, judicial dockets, records, and administers oaths.
  • The clerk also serves as the city sheriff with powers of provincial sheriffs.
  • The City Council may provide additional clerical staff as necessary.

Municipal Court Jurisdiction

  • The court exercises jurisdiction similar to justice of the peace courts in civil and criminal matters.
  • Concurrent jurisdiction with the Court of First Instance for specified offenses including gambling, theft below 200 pesos, minor assaults, intoxicated liquor sales, and others.
  • It may conduct preliminary investigations and bind over accused persons to higher courts.

Incidental Powers of Municipal Court

  • Powers include issuing orders, summonses, warrants, and enforcing judgments.
  • The court can punish contempt and require bonds for good behavior or appearance.
  • Bond acceptance requires approval and sureties.

Procedures in Municipal Court Prosecutions

  • Summons is first step in ordinance violation prosecutions; warrants may be issued upon affidavit.
  • Proceedings comply with judicial rules of process and procedure applicable in the Philippines.

Costs, Fees, Fines, and Financial Accountability

  • Costs and fines follow justice of the peace criminal case standards.
  • Court clerk collects and accounts for financial transactions and remits to city treasurer.
  • Judges oversee daily financial record reconciliation to ensure accountability.

Confinement and Commitment Procedures

  • No confinement in city prison without a written commitment including offense details and sentence.
  • Written commitment must be issued under court seal by the clerk.

Appeal from Municipal Court

  • Appeals on cases involving fines or imprisonment go to the Court of First Instance of Quezon City.
  • Appeal must be filed in writing with the court clerk before 6 PM the day after judgment.
  • The municipal court must transmit complete case records to the higher court within five days.
  • Appeals vacate municipal court judgment and cases are tried anew.
  • Defendants remain in custody pending appeal unless bail is granted.
  • Civil case appeals follow established procedures for justice of the peace courts.

Powers and Duties of the City Treasurer

  • The city treasurer undertakes duties like those of provincial treasurers under the Internal Revenue Code and related laws.

Real Estate Tax Exemptions

  • Exemptions apply to properties owned by government entities, places used exclusively for religious, charitable, scientific, or educational purposes and not for profit.
  • Exemptions exclude properties held for investment purposes despite income use.
  • Small assessed properties below certain thresholds have tax exemptions.
  • Machinery used for industrial or agricultural purposes is exempt from taxation for the first five years.

Terminology and Court Reference Adjustments

  • References to justice of the peace courts and judges of Quezon City are replaced with municipal court and municipal judge terminology.
  • The Court of First Instance of Rizal is replaced by that of Quezon City for relevant cases.

Temporary Judicial Arrangements

  • Pending appointment of a Court of First Instance judge in Quezon City, judges from Rizal province may handle Quezon City cases.
  • The Secretary of Justice designates such judges, who may hear cases in either location.

Effectivity and Transitional Provisions

  • The Act takes effect upon approval except Section 10, effective July 1, 1940.
  • Pending cases already on trial at approval continue under prior laws.

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