Title
San Jose City Charter Creation Act 1969
Law
Republic Act No. 6051
Decision Date
Aug 4, 1969
The Charter of San Jose City outlines provisions for the hearing of protests against the special assessment ordinance, the process of appeals, the determination and adjustment of assessments, and the collection and use of proceeds, as well as the organization of the city government and the continuation of existing ordinances and laws.
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Corporate Powers and Limitations

  • The city is a political corporation with perpetual succession.
  • It can acquire, hold, lease, and dispose of property; enter into contracts; sue and be sued; condemn property for public use.
  • Not liable for damages arising from failure or negligence in law enforcement by city officials, except personal actions against officials/employees are allowed.

Police Jurisdiction

  • San Jose City police jurisdiction covers the city limits, extending three miles outside.
  • Jurisdiction extends over water supply drainage areas and 100 meters around reservoirs and related facilities.
  • City courts share concurrent jurisdiction in these zones; municipal license fees within zones go to respective municipalities.

Executive Branch: The Mayor and Vice-Mayor

  • Mayor is chief executive, elected every 4 years, minimum 25 years old, must be a 5-year resident, salary of ₱12,000 plus allowance.
  • Vice-Mayor presides over Municipal Board, same qualifications as Mayor, salary ₱8,400.
  • Vice-Mayor acts as Mayor during sickness, absence or vacancy.
  • Mayor's powers include enforcing laws, safeguarding city property, collecting revenues, instituting judicial proceedings, appointing officials (subject to Civil Service Law), submitting budget, granting licenses, and conducting administrative investigations.
  • The Mayor may veto ordinances or specific appropriation items.

Municipal Board (Legislative Body)

  • Composed of Vice-Mayor and 8 elected councilors.
  • Vice-Mayor votes only to break ties.
  • Members must be at least 23 years old, 5-year city residents.
  • Boards conduct weekly sessions, pass ordinances with majority vote.
  • Ordinances are published and become effective ten days after passage unless vetoed.
  • Board enacts ordinances on taxes, appropriations, public safety, police, fire, licensing, waterworks, health, sanitation, traffic, and general welfare.
  • Prohibited to erect commercial signs or billboards on public lands deemed offensive; removal enforced by City Mayor.

Departments and Their Heads

  • Established departments: Finance, Engineering and Public Works, Law, Health, Police, Fire, Assessment.
  • Department heads have control and certify payrolls, prepare appropriations estimates, and report to the Mayor.
  • President appoints city judges, key department heads; Mayor appoints other officers/employees under Civil Service Law.
  • City officers must devote full time to duties except Board members.
  • City officers prohibited from business transactions with city or holding multiple offices unless authorized by law.

Finance Department

  • City Treasurer is chief fiscal officer, collects taxes, licenses, rents, fees.
  • Purchases supplies, manages funds, disburses expenditures, submits financial statements monthly.
  • Assistant Treasurer aids the Treasurer and administers oaths in treasury matters.

Engineering and Public Works

  • City Engineer manages surveying, public works, streets, parks, water systems, inspections, and enforcement of building codes.
  • Public works costing ₱3,000+ awarded to lowest bidder unless otherwise approved.

Law Department

  • City Fiscal is chief legal adviser, prosecutes crimes, defends city suits, investigates misconduct, attends Board meetings, drafts ordinances and contracts.
  • Has authority to conduct investigations and secure witnesses.

Health Department

  • City Health Officer supervises public health and sanitation, executes health laws, prosecutes violations, supervises garbage collection and cemeteries.
  • Maintains civil register of births, deaths, marriages, etc.
  • May be superseded during epidemics by designated health authorities.

Police Department

  • Chief of Police oversees police force, arrests law violators, supervises city jail, serves court processes.
  • Deputy Chief and Chief of Secret Service assist and manage discipline and detective work.
  • Peace Officers can arrest without warrant under specific conditions and use force to maintain order.
  • Philippine Constabulary may be requested for assistance by the Mayor in cases of riots or public calamities.

Fire Department

  • Chief of Fire Department manages the fire force, inspects buildings, supervises fire apparatus and electrical safety.
  • Can order demolition to prevent fire spread.
  • Deputy Chief assists and substitutes for Chief as necessary.

Assessment Department

  • City Assessor assesses taxable real estate, maintaining lists and valuations.
  • Exempts specific properties such as government-owned lands, religious and charitable properties, and small-valued residences.
  • Property owners must declare acquisitions or improvements within 60 days.
  • Provides mechanisms for appeal of assessments to the City Board of Tax Appeals.

Real Estate Taxation

  • Annual ad valorem real estate tax up to 1.5%, with an initial ten-year grace period before imposition.
  • Payment may be made in two installments with prescribed penalties for delinquency.
  • Procedures for seizure and sale of personal property and real estate to enforce payment.
  • Exemptions and liens established; tax sales and redemptions governed by detailed procedures.
  • Proceeds allocated chiefly to the general fund and partially to street and bridge fund.

Tax Allotments and Special Assessments

  • City receives shares of internal revenue as if both a municipality and province.
  • Municipal Board may levy special assessments for public improvements benefiting specific districts.
  • Procedures include ordinance publication, protests, hearings, appeal mechanisms, and payment collection.

City Budget

  • Annual budget prepared by Treasurer and Mayor, submitted to Municipal Board at least 2.5 months before fiscal year.
  • Appropriations cannot exceed estimated revenue; salary appropriations capped at 60% of revenue.
  • Supplemental budgets allowed for unforeseen circumstances.
  • Failure to enact appropriations results in reenactment of previous year's budget.

City Court

  • Consists of two branches, judges appointed by the President; incumbents continue without new appointment.
  • Jurisdiction mirrors existing municipal courts in civil and criminal matters.
  • Powers include issuing process, punishing contempt, and administering oaths.
  • Procedures for prosecution of ordinance violations and preliminary examinations are specified.

Regulation of Places of Amusement and Sale of Intoxicating Liquors

  • Existing laws and orders regulating entertainment venues and liquor sales are inoperative within city once municipal ordinances are adopted.
  • Municipal Board and Mayor hold authority to regulate these areas by ordinance.

Final and Transitory Provisions

  • Existing municipal officials remain until new elections are held.
  • Prior municipal ordinances remain effective until amended.
  • Existing real property tax delinquencies governed by prior laws; penalties remitted if paid within one year.
  • San Jose City remains part of Nueva Ecija's 2nd representative district.
  • City voters retain the right to vote in provincial elections.
  • Temporary appointments fill vacancies pending official appointments.
  • Salary scales favor laws providing higher compensation.
  • City exclusively owns, operates, and maintains the municipal waterworks system.
  • Act becomes effective upon approval.

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