Title
Supreme Court
Charter of the City of Calbayog
Law
Republic Act No. 328
Decision Date
Jul 15, 1948
Republic Act No. 328 establishes the City of Calbayog, defining its territorial jurisdiction, corporate powers, and governance structure, including the appointment and responsibilities of the Mayor and the Municipal Board.

Law Summary

Seal, Property, and Legal Powers

  • The city has a common seal which may be altered.
  • It can own, lease, convey, or dispose of real and personal property.
  • The city can enter into contracts, sue and be sued, and condemn private property for public use.
  • The city is not liable for damages from failure or negligence of its officials in enforcing laws.

Jurisdiction

  • City police jurisdiction covers its territory.
  • Police jurisdiction for protecting water supply extends to the drainage area or 100 meters around water infrastructure.

The Mayor

  • The Mayor is the chief executive, appointed by the President with consent of the Commission on Appointments, serving at the President's pleasure.
  • The salary is up to 4,000 pesos per year with possible additional allowance.
  • Acting Mayor duties fall to the City Treasurer, or City Engineer, or high-level presidential appointee if necessary.
  • The Mayor supervises city departments and enforces laws.
  • Powers include safeguarding city property, revenue collection, instituting legal actions, managing licenses, emergency measures, budgeting, and administrative decisions.
  • The Mayor appoints a Secretary who manages city records, official documents, and attestations.

Municipal Board

  • Composed of the Mayor (presiding officer) and eight councilors appointed by the President for four years.
  • Board sessions are public and require five members for quorum and five affirmative votes for ordinances.
  • Ordinances are published and subject to the Mayor's veto; vetoes may be overridden by six board members.
  • Resolutions and ordinances are forwarded to the provincial board for review; disputes may be appealed to the Secretary of the Interior.
  • The Board legislates on taxation, appropriations, salaries, city services, public safety, building regulations, licensing businesses, public utilities, animal control, nuisances, and general welfare.
  • Penalties for violations may not exceed 200 pesos fine or six months imprisonment.

City Departments and Officials

  • Departments include finance, engineering, law, police, and fire departments.
  • Mayoral supervision applies; consolidation of departments requires Presidential approval.
  • Department heads control their departments and prepare budget estimates.
  • The President appoints key officers including judges, treasurer, engineer, attorney, and chiefs of police and fire.
  • Other officials are appointed by the Mayor under Civil Service Law.
  • Officers are prohibited from engaging in business transactions with the city or purchasing city property when conflicts exist.

Finance Department

  • City Treasurer acts as chief fiscal officer with salary capped at 3,600 pesos.
  • Responsible for collecting taxes, licenses, rents, fees, fines, deposits public funds, disburses payments, oversees accounts, and reports monthly financial statements.

Engineering Department

  • City Engineer heads public works with salary up to 3,000 pesos.
  • Oversees surveying, public improvements, building and safety inspections, garbage disposal, waterworks, sewers, and regulates manufacturing utilities.
  • Public works costing over 3,000 pesos require competitive bidding unless administratively executed with approval.

Law Department

  • City Attorney, salary up to 3,000 pesos, is chief legal adviser.
  • Represents city in civil cases, prosecutes breaches of contract, drafts legal documents, advises city officials, investigates violations, prosecutes crimes, and investigates suspicious deaths.

Police Department

  • Chief of Police, salary up to 2,400 pesos, governs police force with authority to quell disturbances, execute processes, and keep custody of detainees.
  • Chief of Secret Service manages detective work.
  • All police officers are peace officers with powers to arrest, investigate, and enforce laws within city limits.
  • Mayor may appoint special police in emergencies.

Fire Department

  • Chief of Fire Department salary up to 1,800 pesos.
  • Manages fire apparatus, investigates fire causes, inspects buildings for fire safety, enforces fire regulations, and supervises fire alarm services.

Assessment Department

  • City Assessor, salary up to 2,400 pesos, manages real estate tax assessment.
  • Can administer oaths, inspect properties, and revise assessments.
  • Certain properties, including government and religious lands, are exempt from taxation.
  • Owners must declare real estate acquisitions or improvements.
  • Taxpayers may appeal assessments to the Board of Tax Appeals.

Tax Collection and Enforcement

  • Real estate tax not exceeding 2% ad valorem is levied annually.
  • Taxes due June 1 with penalties up to 24% for delinquency.
  • City Treasurer may seize and auction personal property or real estate for unpaid taxes.
  • Exemptions from seizure include tools, one beast of burden, clothing, household furniture, provisions, professional libraries, and fishing equipment.
  • Taxpayers may redeem seized property before sale or within one year after sale by paying taxes, penalties, costs, and interest.
  • Forfeiture of real estate title vests in city after one year of delinquency subject to redemption rights.

Tax Appeals

  • Board of Tax Appeals composed of five members appointed by the President with a two-year term.
  • Hears and decides appeals on assessments and valuations.
  • Decisions final unless reviewed by the Department Head.

Special Assessments for Public Improvements

  • Municipal Board may levy special assessments up to 60% of improvement costs on specially benefited lands.
  • Ordinances require description of work, cost, payment period (5-10 years), and affected area.
  • Property owned by the Republic is exempt.
  • Publication, protests by landowners, hearings, and appeal processes are mandated.
  • Payment of special assessments is similar to regular taxes.

City Budget

  • City Treasurer prepares financial statements and revenue estimates.
  • Mayor submits annual budget based on department estimates and treasurer reports.
  • Supplemental budgets allowed for special circumstances.
  • Failure to enact budget results in reappropriation of prior year's sums.

Municipal Court

  • Municipal Court with appointed regular and auxiliary judges, with judges’ salaries up to 3,600 pesos.
  • Court clerk appointed by the Mayor manages records and serves as sheriff.
  • Court has jurisdiction over civil and criminal cases similar to justice of the peace courts.
  • Powers include issuance of processes, compelling witnesses, punishing contempt, and bond acceptance.
  • Appeals to Court of First Instance allowed under certain conditions.

Municipal Officers and Other Bureaus

  • Auditor General audits city accounts.
  • Purchasing Agent handles city procurement.
  • Bureau of Public Schools governed by Director of Public Schools and local School Board.
  • City Health Officer supervises health and sanitation, enforces laws, prosecutes violations, conducts inspections, maintains civil registry, and follows health regulations.

Transitional and Miscellaneous Provisions

  • City government organized upon mayor and board appointments.
  • Calbayog belongs to Samar's first representative district until law changes.
  • City electors may vote in provincial elections.
  • The Act takes effect upon approval.

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