Law Summary
Corporate Powers and Liability
- The City has a common seal and may hold, lease, buy, sell property for public interests.
- It can contract, sue, be sued, and condemn property for public use.
- The City is not liable for damages resulting from failure or negligence of officials in enforcing laws or ordinances.
Police Jurisdiction
- Police jurisdiction is coextensive with territorial limits.
- It extends to the entire drainage area of the city’s water supply and within 100 meters of related water facilities.
Executive Power: The Mayor
- The Mayor is the chief executive, appointed by the President with Congress consent, holding office at the President’s pleasure.
- Salary not to exceed ₱4,000 annually plus a non-commutable allowance of up to ₱2,000 with Interior Secretary approval.
- Acting Mayor duties are assumed by the City Treasurer or City Engineer; Presidential appointee if these are unable.
- Powers include enforcement of laws, safeguarding city property, revenue collection, instituting judicial proceedings, supervising officers, budget submission, license regulation, emergency powers, and annual reporting.
Mayor’s Secretary
- Appointed by the Mayor, with salary not exceeding ₱1,800.
- Custodian of city records, official seal, attests all official documents.
- Furnishes certified copies of records upon request.
Legislative Body: The Municipal Board
- Composed of the Mayor (presiding officer), City Treasurer, City Engineer, and five councilors elected at large.
- Temporary members may be appointed by the President to maintain quorum.
- Members receive ₱10 per day attendance, except government salaried officers.
- Qualifications: qualified electors, residents of one year, minimum age 23.
- Vacancies filled by Presidential appointment respecting political party affiliation.
- Members subject to suspension or removal under provincial officer laws.
Secretary of the Municipal Board
- Chosen by the Board, salary not exceeding ₱1,800.
- Keeps records, records ordinances, affixes seal, orders publication, furnishes copies on request.
Municipal Board Procedure and Ordinance Adoption
- Holds weekly sessions; quorum requires five members.
- Ordinances passed by five affirmative votes; other measures by majority.
- Mayor has veto power on ordinances and appropriation items.
- Veto can be overridden by six members; final authority lies with Secretary of the Interior for disapproval.
Powers and Duties of the Municipal Board
- Levy and collect taxes including real property tax up to 2% ad valorem.
- Make appropriations, fix salaries, authorize free medicine distribution, regulate fees.
- Establish schools, vocational schools, police and fire forces, fire zones, public health regulations.
- Regulate business licenses, public safety, animal control, public property use, nuisances, noise, lighting, and public works.
- May enact ordinances for sanitation, safety, morality, welfare; penalties not exceeding ₱200 fine or 6 months imprisonment.
Restrictions on City Officers
- Officers prohibited from engaging in business transactions with city or purchasing city property.
- Prohibited from being surety for city officials or contracts.
City Departments and Officials
- Five departments: Finance, Engineering, Law, Police, and Fire.
- Mayor has supervisory control and may consolidate departments with approval.
- Heads of departments certify payrolls, prepare budgets, report operations.
- President appoints key heads (municipal judges, treasurer, engineer, attorney, police/fire chiefs).
- Other officials appointed by Mayor under Civil Service Law.
City Treasurer
- Chief fiscal officer; salary not exceeding ₱3,600.
- Collects all city taxes, fees, rents, fines, and government taxes.
- Purchases supplies; accountable for city funds; monthly financial statements to Mayor and Board.
City Engineer
- In charge of engineering and public works; salary not exceeding ₱3,000.
- Performs surveys, prepares plans, supervises construction and maintenance of public works.
- Manages public buildings, streets, parks, sanitation, waterworks, sewers, public docks, and inspections.
- Regulates private docks, water and sewer services, and construction safety.
- Authorized to charge fees for sanitation and transportation services.
City Attorney
- Chief legal adviser; salary not exceeding ₱3,000.
- Represents city in civil suits, prosecutes violations of city contracts and ordinances.
- Prepares ordinances, gives legal opinions, investigates franchise violations.
- Prosecutes crimes, investigates suspicious deaths, may subpoena witnesses.
Police Department
- Chief of Police salary not exceeding ₱2,400.
- Governs city police and detective force, maintains peace, enforces laws.
- Authority includes making arrests, managing city prison, serving court processes.
- Chief of Secret Service handles detective work; salary up to ₱1,800.
- Peace officers have police powers including warrantless arrests.
- Mayor may swear in special police during emergencies.
Fire Department
- Chief of Fire Department with salary up to ₱1,800.
- Controls fire apparatus, investigates fires, supervises building safety, fire alarms.
- Regulates storage and use of combustible materials.
Assessment Department
- City Assessor salary not exceeding ₱2,400.
- Responsible for listing and valuing taxable real estate.
- May administer oaths, enter property for inspection, and summon witnesses.
- Ensures property not listed or undervalued is assessed.
Real Estate Taxation and Procedures
- Exemptions: government-owned properties, religious and charitable uses, low-value properties, and machinery under specific conditions.
- Property owners must declare acquisition or improvements within 60 days.
- Taxes levied annually, due June 1, with options for payment in two installments.
- Penalties for delinquency up to 24% maximum.
- Procedures for seizure and sale of personal and real property for unpaid taxes.
- Rights of redemption and repurchase provided before sale and after forfeiture.
- Notices of seizure, sale, and penalties required to be published and posted.
- Purchaser at tax sale obtains indefeasible title after one year without redemption.
- Courts may only entertain suits challenging taxes after payment under protest.
Tax Allotments and Special Assessments
- City receives share of national internal revenue and other taxes as if it were a province.
- Municipal Board may levy special assessments for public improvements benefiting specific districts.
- Procedures include ordinance publication, notice to affected landowners, right to protest, hearings, and appeals.
- Special assessments are collectible similarly to ordinary taxes, become liens on property.
City Budget
- City Treasurer submits detailed financial statements and revenue estimates.
- Mayor submits budget to Municipal Board at least 2.5 months before fiscal year.
- Supplemental budgets allowed for special circumstances.
- If no appropriation ordinance enacted, prior year appropriations continue.
Municipal Court
- Municipal court with a judge and auxiliary judge; salaries not exceeding ₱3,600.
- Court clerk appointed by Mayor, also acting as city sheriff.
- Jurisdiction over specified criminal cases with concurrent jurisdiction with Court of First Instance.
- Powers to issue writs, administer oaths, punish contempt, accept bonds.
- Procedures and appeals to Court of First Instance outlined.
Bureaus Performing Municipal Duties
- Auditor General audits city accounts.
- Purchasing Agent conducts procurement of supplies.
- Bureau of Public Schools under Director of Public Schools and local school board.
- City Health Officer with salary not exceeding ₱3,000 oversees public health, enforces sanitary laws, and keeps civil registry.
Transitory Provisions and Miscellaneous
- City government organized upon appointment and qualification of Mayor and Municipal Board.
- City voters not entitled to vote in provincial elections but may run for provincial office.
- City remains part of the First Representative District of Camarines Sur until law provides otherwise.
Effectivity
- The Act takes effect upon approval on June 18, 1948.