Title
Incorporation and Government of Baguio City
Law
Act No. 1963
Decision Date
Aug 9, 1909
The Philippine Jurisprudence case examines the powers and duties of the City of Baguio, including the establishment of boundaries, appointment of officials, and the creation of ordinances and regulations to ensure the health, safety, and prosperity of the city and its inhabitants.

City Boundaries

  • Defines the precise geographical limits of the City of Baguio through a series of boundary points and measurements.

Governor-General's Executive Control

  • The Governor-General appoints key city officials including the mayor, vice-mayor, city council members, and various city officers upon recommendations.
  • Power to remove appointive officers and make temporary appointments during absences.
  • Officials may retain salary from existing positions when appointed to city government posts.

City Officers and Employees: General Rules

  • Officers must take an oath recognizing U.S. authority and pledge faithful service.
  • Officers handling city funds must be bonded as prescribed.
  • Civil Service Law applies for appointments and removals except for specific advisory and appointive positions.
  • Conflict of interest in contracts or business dealings with the city is prohibited; violations carry fines and imprisonment.
  • Proper turnover of city properties and documents required upon retirement or removal.
  • Officers are not personally liable for damages resulting from enforcement actions done in good faith.

Powers and Duties of the Mayor

  • Ensures enforcement of laws and city ordinances.
  • Oversees city officers’ duties and may initiate criminal proceedings with Governor-General's approval.
  • Presides over city council meetings with voting rights.
  • Signs city documents including ordinances, contracts, and financial warrants.
  • Appoints various city employees subject to civil service rules and Governor-General’s consent.
  • Responsible for defending the city in legal actions and recovering city property.
  • Has limited clemency power for ordinance violations.
  • Must submit annual inventory, financial statements, budget estimates, and operational reports to the Governor-General and city council.

Role of the Vice-Mayor

  • Acts as mayor during the mayor’s absence or disability but cannot remove officers.

City Council: Composition and Procedures

  • Comprises the mayor, vice-mayor, and three other members.
  • Holds weekly regular meetings, open to the public unless otherwise voted.
  • Maintains minutes and rules; majority quorum required for business.
  • Ordinances require majority votes of all members to pass and must be publicly posted.

City Council: Powers and Functions

  • Appropriates city expenses and fixes salaries with Governor-General’s approval.
  • Authorizes taxation, licensing, and regulation of various businesses, occupations, and city services.
  • Regulates public safety, infrastructure, utilities, health, housing, traffic, and public order.
  • Enforces health regulations and combats nuisances and immoral activities.
  • Establishes police and prison services.
  • Imposes penalties for ordinance violations up to fines and imprisonment.
  • Has broad power to enact ordinances for public welfare and city governance.

Advisory Council

  • Five Igorot members advising the city council.
  • Reviews and recommends on ordinances, public improvements, and general matters affecting the city’s population.

City Secretary

  • Serves as secretary to the city council and other boards; keeps records and the corporate seal.
  • Maintains ordinances and official documents; posts ordinances publicly.
  • Performs other duties as assigned.

City Health Officer

  • Supervises city health and sanitation.
  • Enforces health laws and ordinances; prosecutes violations.
  • Conducts inspections with designated sanitation police and inspectors.
  • Reports to the Director of Health.

City Engineer

  • Oversees all surveying and engineering works, public property, and construction.
  • Ensures proper building standards, safety, and public infrastructure maintenance.
  • Controls city public utilities like waterworks and sewers.
  • Consults with the city architect on approved plans.

Public Works Contracts

  • Contracts for public works over one thousand pesos require public bidding and advertising.
  • Requirements for bond deposits and plans made publicly available.
  • Day labor may be used for roads and smaller projects.

City Purchasing Agent

  • Purchases all supplies and materials, except real estate, for the city.
  • Contracts for labor and materials governed by specific regulations.

City Attorney and Assistant

  • Chief legal advisor responsible for city representation in civil cases.
  • Drafts and reviews city legal documents and opinions.
  • Investigates neglect or misconduct by city officers.
  • Prosecutes crimes and ordinance violations within city jurisdiction.
  • May subpoena witnesses and investigate suspicious deaths.

Justice of the Peace Court

  • A justice and auxiliary justice of the peace appointed for city jurisdiction including police zone.
  • Shares concurrent jurisdiction with other justices in overlapping areas.

Chief of Police

  • Manages police organization, discipline, and operations.
  • Maintains peace, executes laws, manages city prison and prisoners.
  • Authorized to take bail for ordinance violations.
  • Executes court processes and attends justice court sessions.

Police Jurisdiction

  • City's police jurisdiction covers specific barrios and settlements outside corporate limits.
  • The justice of the peace has concurrent jurisdiction with municipality justices over these areas.
  • Fines imposed in these areas accrue to respective municipalities.

Peace Officers' Authority

  • All city police, officials, and secret service are peace officers with power to serve legal processes and arrest.
  • Mayor may appoint special police during emergencies, who have full police powers while on duty.

City Treasurer

  • Collects taxes, licenses, rents, fines, and fees.
  • Safeguards and disburses city funds upon lawful warrants.
  • Performs duties associated with revenue and land registration laws.
  • May act as city assessor upon the Governor-General’s direction.
  • Accountable to the Insular Auditor.

City Assessor

  • Annually assesses and values taxable real estate.
  • Authorized to summon and examine witnesses.
  • Prepares and certifies the assessment list, open for public inspection and complaint.
  • Amends assessments based on complaints and hearings.
  • Supports the tax appeals board and city treasurer with assessment information.

Board of Tax Appeals

  • Consists of city council members with the mayor as chairman.
  • Members take oath to fairly determine disputes between taxpayer and assessor.
  • Hears appeals annually and may order amendments to assessments.

Tax Exemptions

  • Lands or buildings owned by the U.S., Philippine Government, City, or subprovince and religious institutions used exclusively for non-profit purposes are exempt.
  • Exemptions do not extend to investment properties even if income is used for religious or charitable purposes.

Real Estate Taxation

  • Annual real estate tax not exceeding 2% of assessed value, set by city council.
  • Taxes due after March 1st; penalties for delinquency escalate over time.
  • Penalties collected alongside original taxes by city treasurer.

Collection Procedures for Delinquent Taxes

  • City treasurer may seize and auction personal property of delinquent taxpayers after October 1st if taxes unpaid.
  • Sale proceeds pay tax, penalties, and costs; surplus returned to taxpayer.
  • Property may be redeemed before sale by paying amounts owed plus costs.
  • Procedures for tax collection are cumulative and do not preclude other remedies.

Tax Lien and Real Estate Sale

  • Taxes and penalties constitute a lien on real property, superior to all other liens except regular tax liens.
  • Liens attach from March 1st of the tax year.
  • City treasurer may advertise and sell property to satisfy unpaid taxes after due process.
  • Sales must be publicly advertised; taxpayer may redeem before sale date.
  • Sale proceeds accounted for; surplus paid to owner.

Redemption of Sold Realty

  • Taxpayers have one year to redeem property sold for delinquent taxes by paying taxes, penalties, costs, and interest.
  • Upon redemption, purchaser reimbursed, and property freed from tax lien.
  • Failure to redeem transfers ownership to purchaser via recorded deed.

Forfeiture of Real Estate

  • If no bids at tax sale, property forfeits to city.
  • Property can be redeemed within one year as in sales.
  • After one year, city obtains absolute title recorded as municipal property.

Legal Actions on Taxes

  • Taxes assessed are lawful debts collectible by civil action.
  • Courts will not invalidate taxes unless substantial taxpayer rights are impaired.
  • Suits challenging tax sales require payment of sale price with interest into court.
  • Irregularities in tax sales or assessments do not invalidate unless substantial rights impaired.

Penalties for Tax Officials

  • Willful omission or corruption in tax assessment or collection is punishable by fines up to one thousand pesos and/or up to two years imprisonment.

Transition Provisions

  • City of Baguio succeeds the township of Baguio, inheriting all properties, obligations, and records.
  • Public land sales proceeds and fees accrue to city treasury, except specified public improvement taxes.
  • Barrio areas not included within city limits constitute the new township of Twin Peaks with transitional governance.
  • Existing township ordinances continue unless inconsistent with new charter.
  • Applicable prior laws remain in force unless inconsistent with this act.

Repeal of Inconsistent Laws

  • All laws or parts inconsistent with this act are repealed.

Effective Date

  • The Act takes effect on September 1, 1909.
  • Expedited passage authorized due to public necessity.
...continue reading

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.