Title
Charter Establishing the City of Lipa
Law
Republic Act No. 162
Decision Date
Jun 20, 1947
The Charter of the City of Lipa outlines the procedures for appealing judgments, establishes the roles of various government offices, and grants voting rights to qualified voters in the city.
A

City Seal and Legal Capacity

  • The city shall have a common seal subject to alteration.
  • It may hold, lease, purchase, sell, and condemn property for public interest.
  • It can contract, sue, be sued, and exercise powers granted by the Charter.

Liability of the City

  • The city is exempt from liability for damages or injuries due to failure or negligence of city officials in enforcing laws or ordinances.

Jurisdiction for Police and Water Supply Protection

  • Police jurisdiction aligns with city territorial boundaries.
  • Extends to drainage areas and within 100 meters radius of water supply infrastructure.

The Office of the Mayor

  • The Mayor is the chief executive appointed by the President with Commission on Appointments consent.
  • Salary up to ₱4,000 per year, plus a non-commutable allowance with Interior Secretary's approval.
  • Acting Mayor roles assigned to City Treasurer or City Engineer temporarily; Presidential appointment fills vacancies.
  • Mayor controls executive functions under Interior Secretary’s supervision.
  • Powers include law enforcement, safeguarding city property, revenue collection, instituting proceedings, supervising officers and employees, auditing, representing the city, budget submission, licensing, relief efforts, emergency measures, and annual reporting.
  • May appoint a secretary to maintain records, attest official documents, and provide certified copies for a fee.

The Municipal Board

  • Legislative body composed of the Mayor, City Treasurer, City Engineer, and five popularly elected councilors.
  • Temporary substitutes can be appointed by the President.
  • Members must meet qualifications: local residency, age, and electorate status.
  • Salaries and attendance compensation detailed.
  • The Board has a secretary responsible for record-keeping, publication, and official documentation.
  • Meetings are weekly with quorum rules; ordinances require a five-vote approval.
  • Ordinances undergo publication and mayoral approval with veto powers and override procedures, including veto of specific ordinance items.
  • The Secretary of the Interior may disapprove ordinances exceeding the Board’s authority.

Powers and Duties of the Municipal Board

  • Tax levies including property taxes not exceeding 2% ad valorem.
  • Appropriations, salary settings, and distribution of medicines and relief to indigents.
  • Fixing service tariffs, maintenance or rental of city buildings.
  • Establishment and regulation of educational institutions and fees, subject to educational authorities’ approval.
  • Establish and maintain police and fire forces, fire safety regulations, nuisance abatement.
  • Licensing and regulating varied businesses, amusement establishments, market operations, and animals.
  • Oversight of utilities such as waterworks.
  • Authority to enact ordinances for public health, safety, morality, and welfare with penalties up to ₱200 fine or six months imprisonment.
  • Restrictions on commercial signs; Mayor may order removal of offensive signs.

City Departments and Appointments

  • Departments: Finance, Engineering, Law, Police, Fire.
  • Mayoral supervisory control; Municipal Board may reorganize departments with Presidential approval.
  • Heads of departments have certification and operational responsibilities.
  • Appointment of key officials by the President; other employees appointed by Mayor under Civil Service Law.
  • Prohibition on city officials engaging in conflicting business transactions with the city.

Finance Department: City Treasurer

  • Custodian of city funds and fiscal officer.
  • Duties: Collecting taxes, licenses, rents, supervising municipal funds, disbursing authorized expenditures.
  • Salary capped at ₱3,600 per annum.

Engineering Department

  • Headed by City Engineer with salary capped at ₱3,000.
  • Manages all surveying, public works, property maintenance, public utilities, inspections, and enforcement of construction regulations.
  • Contracts for public works exceeding ₱3,000 require public bidding unless authorized otherwise.

Law Department

  • City Attorney is chief legal adviser; salary capped at ₱3,000.
  • Represents city in civil suits, prosecutes contract breaches, drafts documents, provides legal opinions.
  • Investigates violations of franchise conditions, criminal charges, causes of suspicious deaths including autopsies.

Police Department

  • Chief of Police salary capped at ₱2,400.
  • Responsible for maintaining peace, executing law enforcement, managing city prison, serving judicial processes.
  • Chief of Secret Service oversees detective work with salary capped at ₱1,800.
  • Police officers have broad enforcement powers and may appoint special police in emergencies.

Fire Department

  • Chief’s salary capped at ₱1,800.
  • Manages fire fighting apparatus, enforces regulations, investigates fires, supervises hazardous materials, and electrical installations.

Assessment Department

  • City Assessor salary capped at ₱2,400.
  • Responsible for real estate valuations, tax listing, and administration.
  • Real estate owned by government entities or used exclusively for religious, charitable, scientific, or educational purposes is tax-exempt.
  • Procedures established for declarations of acquired or improved property, lists publication, and appeals.

Taxation Regime for Real Estate

  • Annual property tax not exceeding 2% ad valorem.
  • Taxes due June 1; penalties accrue at 2% per month capped at 24%.
  • Payment options include two installments.
  • Provisions for extensions and remission under certain circumstances.
  • Enforcement includes personal property seizure with defined exemptions.
  • Procedures for sale, redemption, forfeiture, and transfer of property titles to the city detailed.
  • Legal procedures for contesting taxes and sales specified.

Special Assessments for Public Improvements

  • Municipal Board may levy special assessments up to 60% of costs for public works benefiting specified districts.
  • Procedures include ordinance publication, protests by affected landowners, hearings, appeals, and assessment adjustments.
  • Collections enforced similar to regular taxes; revenues dedicated exclusively to designated improvements.

City Budget

  • City Treasurer prepares annual financial statement and revenue estimates.
  • Mayor formulates budget submitted to Municipal Board at least 2.5 months before fiscal year start.
  • Supplemental budgets allowed for unforeseen needs.
  • Appropriations continue under previous year’s ordinance if no new one is enacted.

Municipal Court

  • Consists of a municipal judge, auxiliary judge, and possibly a temporary justice of the peace.
  • Judge’s salary capped at ₱3,600.
  • Clerk appointed by Mayor; serves as sheriff with salary capped at ₱1,200.
  • Court has civil and criminal jurisdiction including certain specified offenses and preliminary investigations.
  • Powers include issuing writs, compelling witness attendance, punishing contempt, and bond impositions.
  • Prosecution process governed by summons or warrant; costs and fines collected and accounted for.
  • Appeal procedures to Court of First Instance detailed.

Additional Municipal Bureaus

  • Auditor General audits city accounts.
  • Purchasing agent manages supplies and acquisition excluding real estate.
  • Bureau of Education administered by Director of Education and Division Superintendent; supported by a local school board without salary.
  • Regular reports on schools and infrastructure submitted to the Mayor.
  • City Health Officer with salary capped at ₱3,000 oversees public health, enforces health laws, prosecutes violations, maintains vital records, and coordinates sanitation inspections.

Government Transition and Representation

  • City government formed upon appointment of Mayor and Board members.
  • Appointed officials hold offices until next election.
  • City voters entitled to vote in provincial elections.
  • City remains in the third representative district of Batangas until further law.

Effectivity

  • The Act becomes effective upon approval.

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