Title
Charter of City of Dipolog - creation and goverce
Law
Republic Act No. 4413
Decision Date
Jun 19, 1965
The Charter of the City of Rajah Buayan outlines the governance and legal procedures of the city, including sections on appeals from special assessments, the payment process for special assessments, and the establishment and roles of judges in the City Court.
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Corporate Powers and Immunity

  • The city has a common seal, can acquire and dispose of property, enter contracts, sue and be sued.
  • The city is not liable for damages arising from failure or negligence in law enforcement by city officials, although aggrieved parties can file personal actions against officials.

Police Jurisdiction

  • Police jurisdiction coextensive with territorial limits, extending 3 miles from shore.
  • Additional jurisdiction extends over water supply drainage areas and facilities.
  • City and municipal courts and police have concurrent jurisdiction in these extended areas.

Executive Branch: City Mayor and Vice-Mayor

  • The City Mayor is the chief executive, elected for four years, with specified qualifications and compensation.
  • The City Vice-Mayor, similarly elected, serves as presiding officer of the City Council and acts as Mayor in certain contingencies.
  • City Mayor exercises administrative control, enforces laws, manages city properties, and presides over city operations and emergency measures.
  • City Mayor can grant or revoke licenses and submits annual budget and report.
  • Secretary to the City Mayor manages records, official documents, and seals.

Legislative Branch: City Council

  • Composed of the Vice-Mayor as presiding officer and eight elected councilors.
  • Members must be qualified voters, residents for at least two years and at least 25 years old.
  • Council sessions held weekly, and sessions are generally open to the public.
  • Ordinances require majority approval; Mayor has veto power with override by two-thirds council vote.
  • Legislative powers include tax levying, appropriations, regulation of businesses and public services, public order, health, and safety.
  • Powers to impose municipal taxes and fees across various categories and regulate public infrastructure and order.

Departments and City Officials

  • Five city departments: Finance and Assessment; Engineering and Public Works; Law; Health; Police and Fire.
  • Department heads report to Mayor; with specific powers and duties.
  • Appointments of key officials by the President with Commission consent; other appointments by Mayor as prescribed.
  • City officers prohibited from certain financial transactions with city to avoid conflicts of interest.

Financial Management and Taxation

  • City Treasurer accountable for collecting taxes, licenses, rents, and disbursing funds; also serves as City Assessor.
  • Property tax details: exemptions, valuation, assessment procedures, publication, appeal process through the Board of Tax Appeals.
  • Real estate taxation: levy, payment schedules, penalties for delinquency, remedies including seizure and sale of personal and real property.
  • Procedures for redemption of seized property and guarantees of legal title upon sale.
  • Tax assessments are lawful debts enforceable by court action.

Special Assessments for Public Improvements

  • City Council empowered to levy special assessments on properties benefiting from specific public works.
  • Procedures for ordinance publication, protest, hearings, and appeal to the Secretary of Finance or the President.
  • Special assessments have lien status and are collected similarly to ordinary property taxes.

City Budget Process

  • Annual and supplementary budget preparation timelines and requirements.
  • Provisions for continuing appropriations if new budget is not enacted timely.

Engineering and Public Works Department

  • City Engineer responsible for all survey, engineering, public works planning, execution, inspection, and property maintenance.
  • Competitive bidding procedures established for public works contracts exceeding specific amounts.

Law Department and City Fiscal

  • City Fiscal (Provincial Fiscal ex-officio) acts as legal advisor, prosecutor in civil and criminal matters involving the city.
  • Powers include representation, investigation of crimes, preparation of complaints, and prosecution of ordinance violations.

Health Department

  • City Health Officer supervises public health and sanitation, enforces health laws, prosecutes violations, maintains health records.
  • Has authority during epidemics and infectious disease threats.

Police and Fire Department

  • Chief of Police (ex-officio Chief of Fire Department), with specified nomination qualifications and duties overseeing police, fire, secret service.
  • Police powers include maintaining peace, arrest and prosecution authority, process serving, and managing detention.
  • Fire powers include supervision of fire apparatus, investigation of fires, building inspections for fire safety.

City Court

  • Consists of two branches with duly appointed judges by the President.
  • Has jurisdiction similar to municipal courts for civil and criminal cases; concurrent jurisdiction over designated criminal offenses.
  • Powers include issuance of legal processes, contempt authority, and bond acceptance rules.
  • Appeals to the Court of First Instance are detailed.

Transitory Provisions and Effectivity

  • City of Dipolog remains part of the lone congressional district of Zamboanga del Norte and the provincial capital.
  • Existing municipal officials assume city positions until successors are elected.
  • Municipal employees in classified service continue in city service.
  • Repeal of inconsistent laws and provisions effective January 1, 1970.

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