Title
Charter of City of Trece Martires, Cavite
Law
Republic Act No. 981
Decision Date
May 24, 1954
The Charter of the City of Trece Martires establishes the governance and administration of the city, outlining the powers and duties of city officials, jurisdiction of the municipal court, and matters related to taxation and budgeting.
A

City Territory Determination

  • District Engineer to survey and define city boundaries within 3 months.
  • Director of Public Works certifies and President defines boundaries by executive order.
  • Provincial Board can purchase or expropriate land within city territory for public use.

Police Jurisdiction

  • Police jurisdiction covers city limits and water supply drainage areas, including 100-meter radius around water infrastructure.
  • Municipal court shares jurisdiction with municipalities within water area; first court to take jurisdiction retains it.
  • Fines in drainage area accrue to municipality treasury, not city.

City Liability

  • City not liable for damages from failure or negligence in enforcing laws or ordinances.

City Government Officials

  • Chief officials include City Mayor, City Council members, city engineer, treasurer-assessor, fiscal, health officer, police chief, municipal judge, and Mayor's secretary.
  • Provincial officials serve ex officio in city positions.

City Mayor's Powers and Duties

  • Directs executive functions and enforces laws.
  • Safeguards city property and finances.
  • Institutes legal proceedings and defends city interests.
  • Supervises city officials and employees.
  • Examines city records annually.
  • Submits budget and reports to City Council.
  • Grants or revokes municipal licenses.
  • Takes emergency measures for disasters.

Secretary to City Mayor

  • Custodian of city records and corporate seal.
  • Attests official documents and furnishes certified copies.

Secretary of the City Council

  • Keeps records and proceedings of City Council.
  • Maintains ordinance books and seal.
  • Publishes ordinances and furnishes certified copies.

City Council Proceedings

  • City Mayor presides over Council.
  • Weekly sessions with quorum of two members.
  • Ordinance passage requires two affirmative votes.
  • Public sessions by default.
  • Ordinances posted after passage and effective after 10 days.
  • Department Head can disapprove ordinances beyond Council powers.

Legislative Powers of City Council

  • Levy and collect taxes.
  • Appropriate funds and control salaries (salary cap applies).
  • Regulate city services including police, fire, public works, health, businesses, and public welfare.
  • Regulate licenses, fees, and public safety.
  • Enact ordinances for peace, morals, and general welfare.
  • Fix penalties up to 200 pesos fine or 6 months imprisonment.

Restrictions and Sign Regulations

  • No commercial signs on public property.
  • City Mayor can order removal of offensive or nuisance signs.

Heads of City Offices

  • Administer their offices under City Mayor.
  • Certify payroll and vouchers.
  • Submit budget estimates and operational reports.

Appointment and Removal of City Officials

  • President appoints municipal judges and Chief of Police with Commission on Appointments consent.
  • City Mayor appoints other officials per Civil Service Law.
  • Officers hold office at President's pleasure except judges.

Conflict of Interest Prohibitions

  • City officers prohibited from certain business dealings with city or purchasing city property.

City Engineer Powers and Duties

  • Oversees surveying, engineering work, and public improvements.
  • Supervises construction and maintenance of public buildings and utilities.
  • Manages public streets, parks, waterworks, sewers, and sanitation.
  • Inspects private buildings and orders removal of unlawful structures.
  • Charges fees for sanitation and transport services.

Public Works Execution

  • Public works ≥3,000 pesos awarded to lowest bidder after public notice.
  • City engineer may execute works with high approval.
  • Works under 3,000 pesos may be contracted or self-executed.

City Treasurer-Assessor Duties

  • Chief fiscal officer, collects taxes, licenses, rents, fees, fines.
  • Acts as deputy internal revenue collector.
  • Purchases supplies and accounts for city funds.
  • Assesses real estate for taxation.

City Fiscal Responsibilities

  • Chief legal adviser and civil and criminal representative.
  • Prosecutes ordinance violations and investigates crimes.
  • Subpoenas witnesses and conducts investigations.
  • Performs autopsies for unexplained deaths.
  • Drafts legal instruments and advises city officials.

City Health Officer Duties

  • Supervises public health and sanitation.
  • Enforces health laws and prosecutes violations.
  • Conducts sanitary inspections and maintains vital statistics.

Chief of Police Powers

  • Controls city police and fire forces.
  • Maintains order, arrests offenders, manages city prison.
  • Executes court processes and enforces fire safety.
  • Regulates electrical installations and hazardous materials.

Peace Officers and Special Police

  • City Mayor, chief of police, and police force are peace officers.
  • Authorized to enforce laws, arrest without warrant under conditions.
  • City Mayor may swear in special police during emergencies with full powers.

Municipal Court Structure

  • Municipal judge and auxiliary judge appointed.
  • Auxiliary judge acts during judge’s absence.
  • Temporary jurisdiction assigned to justice of the peace if both absent.

Municipal Court Clerk and Powers

  • Clerk appointed by judge; acts as sheriff.
  • Maintains court records, administers oaths, affixes court seal.

Municipal Court Jurisdiction

  • Has civil and criminal jurisdiction like other chartered city courts.

Procedures for Ordinance Violations

  • Summons issued primarily; warrant may be issued upon affidavit.
  • Adheres to Philippine judicial procedural rules.

Costs, Fines and Collections

  • Costs, fines, and fees collected from convicted defendants.
  • Collections paid to city treasurer for city benefit.

Commitment of Prisoners

  • No confinement without written court commitment detailing sentence.

Appeals

  • Appeal to Court of First Instance allowed for fines or imprisonment.
  • Appeal process involves filing statements and record transmission.
  • Appeal vacates municipal court judgment and triggers trial de novo.

Tax Assessment Laws

  • Real property tax assessed under Commonwealth Act 470 as amended.
  • Municipal terms construed to mean City for the City of Trece Martires.

Revenue Allotment

  • City receives share of internal revenue and national taxes as if a province.

City Budget Process

  • Treasurer submits detailed prior year and current year financial statements and estimates.
  • Mayor submits detailed budget to Council at least 2.5 months prior to fiscal year.
  • Appropriation cannot exceed budgeted revenues; salary expenditure capped at 50%.
  • Supplemental budgets may be adopted for unforeseen needs.
  • If no new appropriation, previous year’s budget deemed reenacted.

City Auditing and Registry

  • Provincial auditor acts as city auditor.
  • Provincial register of deeds acts as city register of deeds.

Purchasing Agent Duties

  • Purchases supplies and equipment except real estate for city use.
  • Contracts for labor and materials for completed work excluded.

Public Schools Administration

  • Bureau of Public Schools and provincial division superintendent exercise school jurisdiction.
  • City Council may establish schools and fix tuition with education authority approval.
  • Division superintendent reports quarterly to City Mayor on school conditions.

City as Provincial Capital

  • Trece Martires designated capital and seat of provincial government.

Representation and Elections

  • City remains part of Cavite province for representation and voting purposes.

Appropriations for City Establishment

  • 500,000 pesos appropriated for survey, land acquisition, construction, and first year operation expenses.

Law Effectivity

  • Survey, land purchase, and building construction provisions effective upon enactment.
  • Other provisions effective on date fixed by Presidential inauguration of the city.

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