Law Summary
Corporate Personality and Powers
- Danao City is a political body corporate with perpetual succession.
- It has powers similar to a municipal corporation including owning property, contracting, suing, and being sued.
- The city has a common seal.
Liability
- The city is not liable for damages from failure or negligence in enforcing laws by city officials.
- Aggrieved parties may file personal actions against officials or employees.
Police Jurisdiction
- Police jurisdiction extends to the city limits plus 3 miles offshore.
- Jurisdiction also covers up to 100 meters around water supply facilities.
- The Municipal Court shares jurisdiction with Justices of the Peace for crimes within the drainage area.
City Officials: Mayor and Vice-Mayor
- Mayor: elected at large, must be at least 25 years old, resident for 10 years, serves 4-year term.
- Vice-Mayor: elected similarly, serves in Mayor's absence, may be substituted by Municipal Board member upon vacancy.
- Salary specified for both; Mayor at 6,000 pesos, Vice-Mayor at 3,000 pesos annually.
Powers and Duties of the Mayor
- Enforce city laws and ordinances.
- Safeguard city property and control city assets.
- Ensure tax collection and proper application of funds.
- Initiate judicial proceedings for city's interest.
- Supervise city officials and employees.
- Review city officials’ records annually.
- Advise the Municipal Board and attend sessions without voting rights.
- Represent the city in business matters.
- Submit annual budget before fiscal year.
- Hear and decide administrative petitions.
- Grant or revoke licenses.
- Exempt deserving poor pupils from school fees.
- Take emergency measures for public calamities.
Secretary to the Mayor
- Appointed by the Mayor, ranked as department head.
- Custodian of city records and corporate seal.
- Attests official acts of the Mayor.
- Salary: 4,800 pesos per annum.
Legislative Body: Municipal Board
- Composed of Vice-Mayor (presiding officer) and eight councilors elected at large.
- Vice-Mayor votes only to break ties.
- Members must be qualified voters, 23 years old, and 10-year residents.
- Board adopts ordinances, resolutions; maintains records.
- Has power to impose taxes, license fees, regulate business activities, and appropriate funds.
- Procedures include veto power of Mayor with override mechanisms involving Municipal Board and possibly the President.
Powers and Functions of the Municipal Board
- Levy taxes, including property tax (limited initially).
- Fix salaries and number of city employees with government approval.
- Regulate public health, safety, business licenses, and public works.
- Regulate commerce, occupations, nuisances, animals, and public markets.
- Exercise eminent domain for public infrastructure.
- Prohibit offensive commercial signs and mandate removal.
Barrio Councils
- Each barrio forms a council with elected officials including lieutenant and councilmen for livelihood, education, and health.
- Members serve one-year terms, not more than four consecutive terms without interruption.
- Councils manage barrio funds, promote welfare, and cooperatively work with government.
- Barrio police appointed by Mayor.
City Departments and Officials
- Departments include Finance; Engineering and Public Works; Law; Health; Police; Fire; Assessment.
- Heads are under Mayor's supervision and handle department operations and budgets.
- Certain city officials appointed by the President with Commission on Appointments consent (e.g., Judge, Treasurer, Engineer).
Financial Administration
- City Treasurer handles fiscal duties: collects taxes, manages city funds, issues receipts, and disburses authorized funds.
- Treasurer reports monthly to Mayor and Municipal Board.
Engineering and Public Works
- City Engineer supervises public works, surveys, public buildings, waterworks, and ensures compliance with construction standards.
- Public works contracts are subject to competitive bidding unless an exception applies.
Legal and Judicial Functions
- City Fiscal acts as legal adviser, prosecutor, and represents city in civil suits.
- Municipal Court has jurisdiction over civil, criminal, expropriation, land registration and cadastral matters.
- Court processes comply with general judiciary rules; appeals go to higher courts.
Health and Sanitation
- City Health Officer oversees public health and sanitation enforcement, prosecutes violations, and supervises civil registration and social services.
Police and Fire Departments
- Chief of Police oversees policing, peace enforcement, riot control, and operates city prison.
- Police have warrantless arrest powers under defined circumstances.
- Chief of Fire Department manages firefighting operations, inspects buildings, supervises fire safety and electric installations.
Taxation and Assessments
- Real estate taxes levied annually at a capped rate.
- Procedures for assessing, notifying owners, collecting taxes, penalties, and handling delinquencies detailed.
- Seizure and sale of personal property for unpaid taxes provided with exemptions.
- Real estate may be forfeited to city upon prolonged delinquency, subject to redemption rights.
- City Board of Tax Appeals established to hear disputes.
Special Assessments for Public Improvements
- Special tax assessments may be levied for infrastructure benefiting certain districts.
- Public hearing and appeal processes established.
- Payment terms, notices, and disposition of proceeds regulated.
City Budget
- Annual budget formulated from department estimates and city treasurer’s report, submitted by Mayor to Municipal Board.
- Supplemental budgets allowed under special circumstances.
- Automatic reenactment of previous budget on failure to pass new appropriations.
Ownership and Control of City Property
- Waterworks and public infrastructure owned by city.
- National Government cedes ownership of public domain lands within city to the city.
Transitional and Miscellaneous Provisions
- Incumbent municipal officials continue as city officials until term end.
- Danao City remains part of Cebu's first representative district.
- Provisions declared severable; invalid parts do not affect remainder.
- Inconsistent laws repealed or modified on effectivity.
- Act takes effect upon approval.