Title
Charter of the City of Dumaguete
Law
Republic Act No. 183
Decision Date
Jun 21, 1947
The Charter of Rizal City outlines the responsibilities and powers of various government offices and officials, including the establishment of the General Auditing Office, Division of Purchase and Supply, Bureau of Education, City Health Officer, and the process for changing the government structure.

Legal Personality and Corporate Powers

  • The city is a political body corporate with perpetual succession.
  • Holds powers typical of municipal corporations, to be exercised in accordance with the Charter.
  • The city has an official seal for use in official documents.
  • The city may acquire, hold, lease, and dispose of property, enter contracts, sue and be sued.
  • Dispositions of real property require approval from the Secretary of the Interior before taking effect.

Liability

  • The city is liable for damages caused by failure or negligence of the Municipal Board, Mayor, or city officials in enforcing the Charter or laws.

Jurisdiction for Police and Water Protection

  • Police jurisdiction matches the territorial limits of the city.
  • Extended police jurisdiction for water supply protection includes areas within 100 meters of water sources and facilities.

Executive Leadership: The Mayor and Vice-Mayor

  • The Mayor is chief executive, appointed by the President with Commission on Appointments' consent, serving at the President’s pleasure.
  • The Mayor's salary and allowance limits are set by the Act.
  • The Vice-Mayor, also appointed by the President, acts as Mayor during temporary absence or vacancy.
  • If the Vice-Mayor is unable to serve, the City Treasurer acts as Mayor; further succession by presidential appointment if necessary.
  • The Mayor exercises administrative control over city departments and enforces laws and ordinances.
  • Duties include budget submission, judicial proceedings for city interests, tax collection, licensing, emergency measures, and reporting to the Secretary of the Interior.
  • The Mayor may grant fee exemptions for poor pupils with concurrence of the division superintendent of schools.

Secretary to the Mayor

  • Appointment by the Mayor, custodianship of city records, handling official documents and seal.
  • Charges a fee for certified copies of records.

The Municipal Board (Legislative Body)

  • Composed of the Mayor (presiding officer) and eight councilors elected at large.
  • Temporary substitutes may be appointed by the President when necessary.
  • Members disqualified from election duties if candidates.
  • Members paid per session attendance.

Qualifications, Election, and Removal of Municipal Board Members

  • Members must be qualified electors, residents for six months, and at least 21 years old.
  • Term of office until successors qualified, with special elections called if necessary.
  • Vacancies filled by presidential appointment within the same political party.
  • Members subject to suspension or removal under provisions applicable to elective provincial officers.

Secretary to the Municipal Board

  • Appointed by the Mayor with Board consent, compensation limits specified.
  • Responsible for keeping and certifying records, publishing ordinances, and furnishing copies for fees.

Board Procedures, Ordinance Enactment, and Mayoral Veto

  • Weekly regular sessions and up to thirty extraordinary sessions annually.
  • Sessions open unless five members vote otherwise.
  • Quorum is five members; procedures to compel attendance.
  • Ordinances require five affirmative votes; vetoed ordinances can be overridden by six votes.
  • The Mayor must approve or veto ordinances within ten days or else they are deemed approved.
  • May veto specific items in appropriation ordinances without affecting others.

Municipal Board Powers and Duties

  • Levy and collect taxes (including real property tax capped at 2% ad valorem).
  • Appropriations for city expenses.
  • Fix number and salaries of officials not otherwise provided.
  • Regulate and fix license fees for numerous businesses and services.
  • Establish police and fire forces; regulate public safety, morality, health, and public order.
  • Enact ordinances on public infrastructure, utilities, nuisances, animal control, and amusement regulation.
  • Set fees and taxes on commercial activities and regulate health and sanitation.
  • Levy taxes on vehicles and motorized transport except government-owned.
  • Regulate public utilities and infrastructure, including water, lighting, streets, and public places.
  • Provide for maintenance and improvements of city property.
  • Impose penalties for violations up to 200 pesos fine or six months imprisonment.

Restrictions on Commercial Signs

  • No commercial signs on public property without Mayor’s consent.
  • May order removal of signs deemed offensive or nuisances.

City Government Departments

  • Include finance, engineering, law, police, and fire departments.
  • The Mayor supervises all departments.

Heads of Departments

  • Control respective departments; certify payrolls and vouchers.
  • Prepare budget estimates and reports for the Mayor.
  • Deputies or acting heads assume duties during incapacity.

Appointments and Removal of Officials and Employees

  • The President appoints key officials (municipal court judges, city treasurer, city engineer, city attorney, chiefs of police and fire, etc.) with Commission consent.
  • Others appointed by the Mayor on department head recommendation, subject to Civil Service Law.
  • Prohibited transactions for city officers and relatives involving city contracts, property purchase, or suretyship.

Finance Department: City Treasurer

  • Chief fiscal officer; salary capped.
  • Collects taxes, licenses, rents, fines.
  • Purchases supplies and manages city funds.
  • Deposits municipal funds daily.
  • Disburses city funds against appropriations and reports monthly.

Engineering Department: City Engineer

  • Manages surveying, planning, public works, and property care.
  • Supervises construction, repairs, and materials testing.
  • Maintains streets, public buildings, waterworks, sewers, docks.
  • Enforces ordinances against illegal encroachments.
  • May charge sanitation and transportation fees.
  • Award of contracts for public works exceeding 3,000 pesos to lowest bidder, with exceptions.

Law Department: City Attorney

  • Chief legal adviser and representative in civil and criminal cases.
  • Handles prosecution, drafting ordinances and contracts, investigations of violations and crimes.
  • Authority to subpoena witnesses and conduct inquiries including on suspicious deaths.

Police Department

  • Chief of police controls police and detective forces; salary specified.
  • Maintains order, arrests offenders, supervises prisons.
  • Chief of secret service manages detective work.
  • Peace officers authorized to enforce laws, arrest without warrant when necessary.
  • Mayor may appoint special police in emergencies with full police powers.

Fire Department

  • Chief of fire department manages fire services and equipment.
  • Exercises police powers at fire scenes.
  • Authorized to remove dangerous buildings.
  • Investigates origins of fires and supervises fire safety compliance.

Assessment Department: City Assessor

  • Oversees valuation and listing of taxable real estate.
  • Conducts property examinations and valuations; may administer oaths.
  • List completion procedures include public notice and hearings.
  • Appeals process established to Board of Tax Appeals.
  • Controls tax exemptions including for government-owned lands and certain properties.

Taxation and Tax Collection

  • Annual real estate tax up to 2% ad valorem levied by Municipal Board.
  • Payment options, penalties, lien priority, and collection procedures detailed.
  • Procedures for seizure and sale of personal and real property for tax delinquency.
  • Rights of redemption and repurchase of tax delinquent property established.
  • Notices and procedures for tax delinquency, property seizure, and enforcement.
  • Court procedures regarding tax disputes and sale validity specified.

Special Assessments for Public Improvements

  • Municipal Board may levy special assessments on properties specially benefited.
  • Limitations on assessment percentage and payment terms.
  • Detailed procedural safeguards including publication, owner protests, hearings, appeals to higher authorities.
  • Assessment collection treated similarly to ordinary tax with liens.

City Budget

  • Annual budget preparation and submission requirements by City Treasurer and Mayor.
  • Supplemental budgets permitted as needed.
  • Provision for continuity of appropriations if new budget not enacted on time.

Municipal Court

  • Municipal judge and auxiliary appointed; provisions for temporary judgeship.
  • Clerk of court appointed; records and administrative duties defined.
  • Jurisdiction over civil and criminal cases with specific concurrent jurisdiction areas.
  • Powers to administer oaths, issue processes, punish contempt, and require bonds.
  • Procedures and appeals to Court of First Instance established.

Other Bureaus Performing Municipal Duties

  • Auditor General audits city accounts.
  • Purchasing Agent procures supplies on request.
  • Director of Public Schools and division superintendent manage educational jurisdiction.
  • City Health Officer supervises health and sanitation enforcement, record keeping, prosecutions, and reporting.

Transitional Provisions

  • Initial organization of city government upon qualifications of Mayor and election of Municipal Board.
  • Initial vacancies filled by presidential appointments.
  • City remains part of first representative district of Oriental Negros until otherwise provided.

Effectivity

  • The Act becomes effective on a date proclaimed by the President of the Philippines.
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