Title
Charter of the City of Cabanatuan
Law
Republic Act No. 526
Decision Date
Jun 16, 1950
The Charter of the City of Cabanatuan outlines the roles and responsibilities of various government offices and officials, including the establishment of the General Auditing Office, Procurement Office, Bureau of Public Schools, City Health Officer, and the process for changing the city government.
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City Seal and Legal Capacity

  • The city has a common seal, with power to alter it.
  • It can acquire and manage real and personal property, enter into contracts, sue and be sued.

Liability Limitations

  • The city is not liable for damages due to failure or negligence by city officials in enforcing laws or ordinances.

Police Jurisdiction

  • Police jurisdiction matches territorial jurisdiction.
  • For protecting water supply purity, jurisdiction extends to the water drainage area and 100 meters around related water facilities.

City Executive: Mayor and Vice-Mayor

  • Mayor appointed by the President with Commission on Appointments confirmation.
  • Mayor’s salary capped at ₱5,100 p.a. plus possible allowance.
  • Vice-Mayor also appointed by the President; acts as Mayor during the latter's incapacity.
  • Vice-Mayor’s salary capped at ₱3,600 p.a.; duties include assuming Acting Mayor duties when necessary.
  • City Engineer acts as Acting Mayor if both Mayor and Vice-Mayor are incapacitated.

Mayor’s Powers and Duties

  • Enforce laws and ordinances, safeguard city properties, oversee tax collection and application.
  • Initiate legal action to protect city interests.
  • Supervise city officials and inspect records.
  • Represent city in legal and business matters.
  • Submit annual budget and report.
  • Grant/refuse municipal licenses, exempt deserving poor from school fees.
  • Take emergency measures during calamities.

City Secretary

  • Appointed by Mayor; keeps city records and seal.
  • Attests official documents and provides certified copies of records.
  • Salary set by ordinance, capped at ₱2,400 p.a.

Municipal Board: Composition and Functions

  • Consists of eight elected councilors; elects its presiding officer.
  • Temporary substitutes may be appointed during vacancies or absences.
  • Members have qualifications: 23 years old, residents for one year.
  • Compensation: ₱10 per session day.

Board Meetings and Legislative Process

  • Weekly ordinary sessions and up to 30 extraordinary sessions yearly.
  • Five members constitute a quorum; five affirmative votes needed for ordinance passage.
  • Ordinances require Mayor’s approval; Mayor may veto whole or part; Board may override.
  • Secretary keeps records and publishes ordinances.

Legislative Powers of the Board

  • Levy taxes including real property tax up to 2% ad valorem.
  • Appropriation of city expenses and set salaries.
  • Regulate businesses, public safety, health, utilities, and city services.
  • Establish police and fire forces, schools, markets, public works.
  • Enact ordinances for peace, safety, morals, and welfare with penalties up to ₱200 fine or 6 months imprisonment.

Restrictions on Commercial Signs

  • Prohibits signs on public property; Mayor may order removal of offensive signs.

City Departments and Heads

  • Includes finance, engineering, law, police, fire, and assessment departments.
  • Mayor supervises departments; Municipal Board can reorganize them.
  • Heads have operational control, certify payrolls, submit budgets and reports.

Appointment and Ethics of Officials

  • President appoints key officials; Mayor appoints other employees under Civil Service Law.
  • City officers prohibited from engaging in business transactions or purchasing city property involving city resources.

Finance Department and City Treasurer

  • City Treasurer is fiscal officer; manages city funds, collections, disbursements.
  • Salary capped at ₱4,500 p.a.
  • Daily deposit of city funds; financial reporting to Mayor and Board.

Engineering Department and City Engineer

  • Responsible for surveying, public works planning, and supervision.
  • Manages city property, public infrastructure, waterworks, sewers.
  • Authorized to inspect buildings and enforce construction ordinances.
  • Salary capped at ₱4,200 p.a.

Public Works Contract Procedures

  • Repairs/construction above ₱3,000 awarded by lowest bidder after public notice.
  • City Engineer may execute works directly with required approvals.

Law Department and City Attorney

  • Chief legal adviser; represents city in civil and criminal cases.
  • Drafts legal documents, advises city officials, prosecutes offenses.
  • Salary capped at ₱4,200 p.a.

Police Department and Officers

  • Chief of Police manages police force; maintains peace, executes laws, manages city prison.
  • Peace officers have powers of arrest, process service, and maintaining order.
  • Special police may be sworn in by Mayor during emergencies.
  • Salary of Chief of Police does not exceed ₱3,000 p.a.; Chief of Secret Service up to ₱2,400 p.a.

Fire Department and Chief

  • Manages fire prevention and suppression equipment, inspects buildings for fire safety.
  • Investigates fire causes; enforces fire safety ordinances.
  • Salary capped at ₱2,400 p.a.

Assessment Department and City Assessor

  • Handles property tax assessment and valuation; salary capped at ₱3,000 p.a.
  • Authorized to administer oaths, summon witnesses for assessment purposes.
  • City Treasurer serves as assessor until otherwise provided.

Property Taxation and Exemptions

  • Real property taxes levied annually with maximum 2% rate.
  • Exemptions include government-owned properties, churches, and properties used exclusively for non-profit religious, charitable, scientific, or educational purposes.
  • Taxpayers must declare acquisitions or improvements within 60 days.

Procedures for Tax Collection and Delinquency

  • Delinquent property subject to personal property seizure except specified exemptions.
  • Redemption rights available before sale or after title vesting, with terms detailed.
  • Notice requirements for seizure and sale with due process.
  • Sale procedures include public auction and installment payment options.

Legal Remedies and Taxation Enforcement

  • Tax assessments and collections enforceable by civil action.
  • Courts require payment under protest before invalidating taxes or sales, protecting taxpayers’ substantial rights.

Special Assessments for Public Improvements

  • Municipal Board may levy special assessments up to 60% of improvement costs on benefited properties.
  • Procedures include publication, protests by majority property owners, hearings, and appeals to the President.
  • Assessments payable like regular taxes with liens on properties.

City Budgeting Process

  • City Treasurer prepares financial statements and income estimates.
  • Mayor drafts annual budget for Municipal Board approval prior to fiscal year.
  • Supplemental budgets allowed; existing appropriations continue if budget enactment fails.

Municipal Court Structure and Jurisdiction

  • Comprises a municipal judge and auxiliary judge appointed by the President.
  • Jurisdiction includes specified criminal and civil cases, concurrent with Court of First Instance in certain crimes.
  • Holds preliminary investigations; accepts appeals to Court of First Instance.

Municipal Court Procedure and Administration

  • Clerk appointed by Mayor handles records, docketing, and serves as sheriff.
  • Powers include administration of oaths, issuing processes, and contempt proceedings.
  • Requires formal commitment for imprisonment sentences.

Tax and Legal Administration Bureaus

  • Auditor General audits city accounts.
  • Procurement Office manages city supply purchases.
  • Education supervised by Director and division superintendent of schools; city school board established.
  • City Health Officer supervises health and sanitation; enforces public health laws.

Transition and Effectivity

  • City government organized upon unification of the municipal government and election of Board members.
  • Incumbent officials hold office until succession.
  • City excluded from voting in provincial governor and board elections.
  • City remains part of the Second Representative District of Nueva Ecija unless otherwise provided.
  • The Act takes effect upon approval.

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