Title
Charter of the City of Lapu-Lapu
Law
Republic Act No. 3134
Decision Date
Jun 17, 1961
The Charter of the City of Lapu-Lapu outlines legal procedures and governance, including the requirement for preliminary hearings and the responsibility of defendants to pay costs and fees in criminal cases, while also addressing the commitment of individuals to prison, the continuity of government officials, and the voting rights of the city's residents in provincial elections.

General Powers and Liability

  • The city has a common seal and the capacity to acquire, lease, convey property, contract, sue and be sued.
  • It can condemn private property for public use.
  • The city is not liable for damages arising from failure or negligence of city officials in enforcing laws, but individuals may file personal actions against officials.

Police Jurisdiction

  • Police jurisdiction extends within city territorial limits, up to three miles from shore, over water supply drainage areas, and one hundred meters around water facilities.
  • Municipal Court has concurrent jurisdiction with Justice of the Peace courts in these zones.
  • Licensing within these zones is handled by the municipality, with fees accruing to the municipality treasury.

Executive Officers: Mayor and Vice-Mayor

  • Mayor is the chief executive, elected at large, serving four years with salary and house allowance.
  • Vice-Mayor elected similarly, assumes Mayor's duties when necessary, and receives a salary.
  • Vacancy in Mayor and Vice-Mayor is filled by presidential appointment.
  • Mayor's duties include enforcement of laws, safeguarding city property, fiscal duties, judicial actions, supervising city officials, budget submissions, emergency measures, and other prescribed powers.
  • The Mayor appoints a Secretary with custodial duties over city records and seals.

Legislative Body: Municipal Board

  • Composed of Vice-Mayor (presiding officer) and eight elected councilors.
  • Legislative procedures include sessions, quorum, ordinance passage, Mayor's veto power, and publication requirements.
  • Powers include tax levy and collection, regulation of city services, public safety, establishment of schools, police and fire protection, public works, licensing, and general welfare ordinances.
  • The Board may suspend or remove members under provisions applicable to provincial officers.

Barrio Councils

  • Each barrio has a council with elected officials including a barrio lieutenant and councilmen for livelihood, education, and health.
  • Councils perform local governance functions, planning, enforcement of laws, and cooperation with municipal government.
  • They manage barrio funds and hold meetings with public participation.
  • Barrio police force appointed by the Mayor acts as agents of authority.

City Departments and Officials

  • Departments: Finance, Engineering and Public Works, Law, Health, Police, Fire, and Assessment.
  • Heads appointed by the President or Mayor depending on the position with specified salaries.
  • Powers and duties include administration, supervision, budgeting, certification of payrolls, reports, and enforcement of laws.
  • Officials prohibited from engaging in business transactions with the city to avoid conflicts of interest.

Financial Administration

  • City Treasurer manages finances including tax collection, market and property rents, supplies procurement, and fund disbursement.
  • City Engineer oversees public works, surveying, maintenance of public properties, waterworks, sanitation, inspections, and enforcement of construction ordinances.
  • Repair or construction contracts for public works over certain amounts require public bidding or special approval.

Legal Affairs

  • City Fiscal acts as chief legal adviser and prosecutor for civil and criminal cases involving the city.
  • Authorized to investigate crimes, prepare complaints, prosecute ordinance violations, and manage legal documents.

Health Administration

  • City Health Officer supervises public health matters including sanitation, enforcement of sanitary laws, prosecutions, inspections, and health data registration.

Police and Fire Departments

  • Chief of Police commands the police force with powers to maintain peace, arrest offenders, execute court processes, and supervise police training.
  • Chief of Fire Department manages fire services, enforces fire ordinances, inspects buildings for fire safety, supervises hazardous materials, and regulates electrical installations.

Assessment and Taxation

  • City Assessor responsible for listing, valuation, and assessment of real estate, with authority to enter properties and administer oaths.
  • Certain properties exempt from taxation such as government-owned lands, lands for religious or charitable use, and small-value properties.
  • Procedures for declaration by property owners, assessment corrections, and appeals.
  • Real estate taxes levied with a maximum ad valorem rate; penalties and liens for delinquency are provided with rights and procedures for seizure and sale of personal and real property.
  • Redemption rights granted to owners and lienholders for seized property.

Tax Appeals

  • A City Board of Tax Appeals hears disputes on assessment and valuation, composed of government officials and property owners.
  • Decisions are subject to review by the Department Head and final approval by the President.

Special Assessments for Public Improvements

  • Municipal Board may levy special assessments on properties specially benefited by public works.
  • Procedures include ordinance publication, hearing protests, appeals to higher authorities, and collection methods similar to regular taxes.

City Budget

  • Annual budget process includes detailed revenue and expenditure statements by City Treasurer.
  • Mayor formulates and submits the budget to the Municipal Board for approval.
  • Supplemental budgets allowed for unforeseen circumstances.
  • Delay in budget enactment results in re-enactment of the previous year's appropriation.

Municipal Court

  • Municipal court with appointed municipal and auxiliary judges having jurisdiction over civil and criminal cases under city ordinances.
  • Court procedures conform with Philippine law and Rules of Court.
  • Clerk of court manages records, acts as sheriff, and collects fees.

Transitional Provisions

  • Incumbent municipal officials continue as city officials until term expiration.
  • City voters retain voting rights for provincial officials.
  • City remains part of the second representative district of Cebu until law provides otherwise.

Effectivity

  • The act takes effect upon approval.

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