Title
Charter establishing the City of Mandaue
Law
Republic Act No. 5519
Decision Date
Jun 21, 1969
The Charter of the City of Mandaue grants ownership of waterworks systems, roads, and public works improvements to the City, while also ceding foreshore and submerged lands to the City; it establishes the continuity of government officials and employees, addresses voter participation in provincial elections, and outlines the applicability of certain acts, all within the Second Representative District of the Province of Cebu.
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General Powers and Liability

  • The city may have a common seal, hold and dispose real and personal property, enter contracts, sue and be sued.
  • The city is not liable for damages arising from failure or negligence of its officials in enforcing laws, but officials may be personally liable.

Jurisdiction and Reclamation

  • Police jurisdiction extends to the city territory plus three miles offshore.
  • City Court shares jurisdiction over crimes within the water supply drainage area.
  • The city has exclusive authority to reclaim foreshore and submerged lands under specific conditions.

City Executive Officers: Mayor, Vice-Mayor, and Secretary

  • Mayor is chief executive, elected at large, qualifications include minimum age 25 and 10-year residency.
  • Vice-Mayor acts as Mayor in cases of death, sickness, or incapacity, elected similarly with same qualifications.
  • The City Secretary handles official records, seals, attestation of documents, and serves at Mayor's pleasure.

Powers and Duties of the Mayor

  • Enforces laws, safeguards city property, ensures tax collection and proper application.
  • Initiates judicial proceedings, supervises city employees, and controls official travels.
  • Provides information and recommendations to City Council; may attend sessions without voting.
  • Submits annual budget, handles petitions, grants or revokes city licenses.
  • Exempts deserving poor pupils from school fees, manages emergencies, appoints special agents.
  • Can grant pardons for violations of city ordinances.

City Council Composition and Functions

  • Legislative body; includes Vice-Mayor as presiding officer and eight elected councilors.
  • Members must be qualified voters, residents for 10 years, and at least 23 years old.
  • Council holds sessions open to public, requires majority vote to pass ordinances.
  • Ordinance publication and Mayor veto power provided.

Legislative Powers of the City Council

  • Power to levy taxes including real property tax up to 1% ad valorem.
  • Fix salaries, discretionary funds, regulate public services, and authorize municipal facilities.
  • Establish public schools, police force, fire department, and regulate trade, occupation, health, safety, and urban development.
  • Exercise eminent domain for public purposes.
  • Regulate police, markets, nuisances, public order, business licenses, vehicles, water supply, and other municipal concerns.

Barrios Organization

  • Governed by Revised Barrio Charter (RA 3590).
  • Barrio creation and name changes require majority voter petition and City Council approval.
  • Elections conducted per Barrio Charter with provisions for special elections.

Departments and City Officials

  • Includes Finance, Engineering and Public Works, Law, Health, Police, Fire, Assessment Departments.
  • Department heads manage operations; City Treasurer and City Fiscal appointed by the President on Mayor's recommendation.
  • Mayor appoints certain officials with City Council consent.
  • Officials prohibited from financial interest or contracts conflicting with official duties.

Auditing and School Supervision

  • City Auditor conducts audits, salary shared by National Government and city.
  • Bureau of Public Schools exercises jurisdiction with City Superintendent having powers similar to division superintendents.
  • City Superintendent reports school condition quarterly to Mayor.

Finance Department

  • City Treasurer as chief fiscal officer manages tax collection, licensing fees, property rents, and disbursements.
  • Responsible for accountability and depositing funds in designated government banks.

Engineering and Public Works

  • City Engineer manages surveying, public structures, streets, public utilities, sanitation, and enforces construction ordinances.
  • Authorized to execute public works funded by city or private funds without Department of Public Works intervention.

Law Department

  • City Fiscal prosecutes crimes, defends city interest, advises officials, investigates violations, and may act as Register of Deeds.
  • Supported by assistants and special counsel.

Health Department

  • City Health Officer supervises public health, sanitation, prosecutes violations, maintains civil registry, and manages epidemic responses.

Police Department

  • Chief of Police manages police force, enforces laws, executes criminal processes, and supervises detective work.
  • Police officers are peace officers with authority to arrest without warrant under specified conditions.
  • Mayor may call Philippine Constabulary or Armed Forces for assistance in emergencies.

Fire Department

  • Chief of Fire Department manages fire services, inspections, fire prevention, and regulates use of combustible materials.
  • Authority to remove buildings to prevent fire spread and approve building plans for fire safety.

Assessment Department

  • City Assessor supervises real estate valuation and taxation, maintains roll, administers oaths, and hears complaints.
  • Exemption of certain lands from taxation is provided.
  • Procedures established for listing, appealing assessments, and collection.

Taxation and Enforcement

  • Real estate tax levied annually up to 1% ad valorem, payable in installments.
  • Delinquent taxes subject to penalties and lien on property.
  • Procedures for seizure, auction, redemption, and transfer of title provided.
  • Rights of taxpayers to appeal and courts' jurisdiction over tax disputes explained.

Special Assessments for Public Improvements

  • City Council may levy special assessments for improvements benefiting properties.
  • Ordinance procedures include public notice, hearings, protests, appeals, and apportionment based on assessed value.
  • Collection and application of proceeds strictly regulated.

City Budget

  • Annual and supplemental budget preparation procedures detailed with Mayor and Council roles.
  • Failure to enact appropriation ordinance results in re-enactment of previous year's budget.

City Court

  • Composed of three branches with appointed judges; jurisdiction over civil, criminal, land registration, and cadastral cases.
  • Procedures for prosecutions, bail, costs, fees, and appeals aligned with national judicial rules.

Ownership of City Infrastructure

  • Waterworks, water sources, public roads, and other public works assets transferred and owned by the City.
  • Foreshore and submerged public domain lands ceded by the National Government to the City.

Transition and General Provisions

  • Incumbent municipal officials and employees continue as city officials unless removed.
  • Voters of the city excluded from provincial elections but can run for provincial office.
  • Application of Local Autonomy and Decentralization laws subject to effect on city autonomy.
  • City remains part of the Second Congressional District until otherwise provided.
  • Separability and repealing clauses included; Charter effective upon approval.

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