Title
Charter Creating the City of Dagupan
Law
Republic Act No. 170
Decision Date
Jun 20, 1947
Republic Act No. 170 establishes the City of Dagupan, defining its territorial jurisdiction, governance structure, and the roles and responsibilities of its elected officials, including the Mayor and the Municipal Board.

Law Summary

City Seal and Legal Capacities

  • The city shall have a common seal, modifiable at will.
  • Powers include owning, leasing, and disposing of property, contracting, suing, condemning property for public use, and exercising all granted powers.

Government Liability

  • The city is not liable for damages caused by failure or negligence of the Municipal Board, Mayor, or officers in enforcing city laws or ordinances.

Jurisdiction for Police and Water Supply Protection

  • Police jurisdiction covers the city territory plus three miles into Lingayen Gulf.
  • Jurisdiction extends over drainage areas and within 100 meters of water reservoirs and related facilities.

Mayor: Appointment, Powers, and Duties

  • Appointed by the President with the Commission on Appointments' consent; serves at the President’s pleasure.
  • Salary capped at 4,000 pesos annually plus a non-commutable allowance up to 2,000 pesos with Interior Secretary approval.
  • Acts as chief executive, overseeing city departments, enforcing laws, safeguarding property, ensuring revenue collection, defending city interests, supervising employees, examining city records, representing the city, submitting budgets, handling petitions, managing permits, exempting poor pupils from fees, and emergency management.

Acting Mayor and Secretary to the Mayor

  • Acting Mayor duties performed by City Treasurer or City Engineer in Mayor's absence; powers equivalent to those of the Mayor.
  • Mayor appoints a secretary who manages records, documents, the city seal, attests official acts, furnishes certified copies, and receives compensation.

Municipal Board: Composition and Function

  • Legislative body composed of the Mayor (presiding officer) and eight popularly elected councilors.
  • Temporary substitutes appointed by the President if necessary.
  • Councilors must be qualified electors resident for at least one year and 23 years or older.
  • Members receive 10 pesos per attendance day.

Municipal Board Operations and Legislative Process

  • Weekly sessions; quorum of five members required.
  • Ordinances require five affirmative votes; votes are recorded.
  • Ordinances posted publicly and take effect after ten days unless vetoed by the Mayor.
  • Mayor’s veto can be overridden by six members; vetoes subject to Secretary of Interior review.

Powers of the Municipal Board

  • Levy and collect taxes, make appropriations, fix number and salary of officials, authorize free medication and food under supervision, fix service fees, maintain city buildings, establish and maintain schools, maintain police and fire forces, regulate public order and safety, impose various business licenses and fees, regulate public health and sanitation, control use of public spaces and property, enforce health regulations, and more.
  • Penalties for ordinance violations capped at 200 pesos fine, six months imprisonment, or both.

Departments and City Officials

  • Finance, Engineering, Law, Police, and Fire departments established.
  • Mayor supervises departments; Board may adjust duties and consolidate departments with Presidential approval.
  • Department heads control operations, certify payrolls, submit annual budgets and reports, and have acting officers during absences.
  • President appoints certain key officials with board consent; Mayor appoints others.
  • City officers prohibited from engaging in business transactions benefiting from city contracts.

Finance Department and City Treasurer

  • Treasurer is chief fiscal officer with duties including tax collection, receipt issuance, deposit and disbursement of funds, and reporting.
  • Salary capped at 3,600 pesos annually.

Engineering Department

  • City Engineer oversees surveying, public works, municipal buildings, streets, waterworks, sanitation, construction permits, and enforcement of safety regulations.
  • Contracts over 3,000 pesos awarded to lowest bidder; under 3,000 pesos at engineer's discretion.
  • Salary capped at 3,000 pesos annually.

Law Department and City Attorney

  • Chief legal adviser who represents city in civil suits, prosecutes violations, drafts ordinances, investigates compliance with franchises, conducts investigations including autopsies, and provides legal opinions.
  • Salary capped at 3,000 pesos annually.

Police Department

  • Chief of Police commands police, with authority over law enforcement, arrests, supervision within jurisdiction, and operations of city prison.
  • Peace officers empowered to serve and execute court processes, arrest without warrant in certain cases, and maintain order.
  • Special police can be sworn in by Mayor during emergencies.

Fire Department

  • Chief of Fire Department manages fire apparatus, issues safety regulations, investigates fires, and supervises fire prevention measures.
  • Salary capped at 1,800 pesos annually.

Assessment Department and City Assessor

  • Assessor responsible for listing taxable real estate, valuing property, administering oaths, and correcting assessments.
  • Salary capped at 2,400 pesos annually.
  • Tax exemptions include government property, religious and charitable buildings, modest property under specified value, and machinery used in production for initial years.
  • Procedures for declaration, inspection, listing, appeals, and corrections detailed.

Real Estate Taxation

  • Annual real estate tax not exceeding 2% ad valorem.
  • Payment either lump sum or two installments; penalties apply after delinquency.
  • Extensions or remissions possible under certain circumstances upon Municipal Board and Department Head approval.
  • Seizure and sale procedures for delinquent taxes including exemptions, redemption rights, notices, ejectment of occupants, and title conveyance.

Tax Appeals and Board of Tax Appeals

  • Board constituted by five members (government officials and property owners).
  • Hears appeals on assessment decisions with power to modify assessments.
  • Decisions subject to review by Department Head and President.

Special Assessments for Public Improvements

  • Municipal Board may levy special assessments for public works benefiting certain districts, up to sixty percent of costs.
  • Procedures for ordinance publication, protest, hearing, appeal, and payment set forth.
  • Special assessments collected like ordinary taxes with similar enforcement and lien provisions.

City Budget

  • Treasurer prepares detailed current and projected revenue and expenditure reports.
  • Mayor submits budget to Municipal Board at least 2.5 months before fiscal year.
  • Supplemental budgets allowed; extensions of prior appropriations if no new budget enacted.

Municipal Court

  • Municipal court with regular and auxiliary judges appointed; judge’s salary capped at 3,600 pesos.
  • Court clerk appointed by Mayor; also serves as sheriff.
  • Jurisdiction includes defined criminal and civil cases; powers include process issuance, contempt sanctions, and bond acceptance.
  • Appeals lie to Court of First Instance within prescribed periods.

Other City Bureaus and Officers

  • City Auditor appointed to audit accounts.
  • Purchasing Agent oversees city supply procurement.
  • Bureau of Education powers vested in Director and local school board.
  • City Health Officer supervises public health, enforces ordinances, prosecutes violations, maintains civil registers, and performs health administration duties.

Transition Provisions and Effectivity

  • City government organization dates fixed by the President.
  • Initial Municipal Board members appointed by the President until elections.
  • City remains part of original provincial representative district until law provides otherwise.
  • Act became effective upon approval on June 20, 1947.

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