Law Summary
Powers and Property Rights
- The city has a common seal which it may alter.
- It may acquire, hold, lease, convey, and dispose of real and personal property.
- Has powers to contract, sue, be sued, and perform all acts necessary for municipal governance.
Liability and Jurisdiction
- The city is not liable for damages or injuries arising from failure or negligence of the Mayor, City Council, or city officers in enforcing the Charter or laws.
- Police jurisdiction extends three miles seaward and two and a half miles landward from the city limits, including water supply drainage areas.
- Police of neighboring municipalities share concurrent jurisdiction in these zones for maintaining order.
Executive Authority: The Mayor
- The Mayor is the chief city executive, appointed by the President with the consent of the Commission on Appointments, holding office at the President's pleasure.
- Receives an annual salary and additional allowance subject to Interior Secretary approval.
- Acting Mayor role is assumed by the City Engineer or City Treasurer if the Mayor is incapacitated; the President may appoint an acting Mayor if needed.
- The Mayor exercises control over executive functions, enforces city laws, manages city property, oversees tax collection, prosecutes suits for the city, appoints city officers, submits budget estimates, grants or revokes municipal licenses, exercises veto power subject to Council override, and addresses public calamities.
Secretary to the Mayor
- Appointed by the Mayor under Civil Service Law.
- Acts as chief clerk, secretary to the City Council and certain boards, custodian of records, and the corporate seal.
- Records and publishes ordinances and translations in the city’s native language.
- Maintains the civil registry of births, marriages, and deaths.
Public Works and Contracts
- Public works under the City Engineer’s direction.
- Mayor may authorize contracts for works following public bidding through newspapers.
- Bids require deposits and may be rejected; bonds ensure faithful contract performance.
- Contracts executed in triplicate and maintained accordingly.
Legislative Body: City Council
- Composed of the Mayor (presiding officer), City Engineer, City Treasurer, and five councilors (two appointed by the President; three elected by popular vote).
- Councilors must be residents and have status equivalent to provincial officers.
- Council business requires a quorum of a majority; meetings are generally public.
- Ordinances need majority approval; Mayor’s veto subject to a two-thirds override.
- The Council enacts ordinances, levies taxes (including an additional real property tax), fixes fees, maintains public services including schools, police, fire protection, public health, city infrastructure, and regulates businesses and public order.
- It sets license fees for numerous businesses and regulates public safety and welfare measures.
Prohibitions on Commercial Signs
- Commercial signs on public lands/buildings prohibited.
- Mayor can order removal of offensive signs after due process, with penalties and cost recovery.
City Departments and Offices
- Departments include Engineering/Public Works, Law, Finance, Police, and Municipal Court.
- City Engineer manages engineering works, surveys, public properties, inspection of buildings, public utilities, and sanitation services.
- The Municipal Court has jurisdiction including over police areas; judges are appointed.
- The City Attorney is chief legal adviser, represents city in civil cases, prosecutes crimes in Municipal Court, prepares legal documents, and investigates misconduct.
- The Chief of Police commands the police force, maintains order, supervises police jurisdiction, and manages the city prison.
- All police officers are peace officers with authority to serve processes and enforce laws.
- The City Treasurer collects taxes, fees, rents, keeps funds, and accounts per government standards.
- The City Assessor annually assesses real estate for taxation, maintaining lists, hearing complaints, and cooperating with the Board of Tax Appeals.
- The Board of Tax Appeals, chaired by the Mayor and comprised of Council members, hears taxpayer appeals and directs assessment adjustments.
Taxation and Revenue
- Exemptions include government properties, religious, charitable, scientific, educational lands not held for profit.
- Real estate tax rate up to 2% ad valorem, payable annually; penalties for delinquency increasing progressively.
- Procedures for delinquency include seizure and public auction of personal property; tax liens apply to real estate.
- Real estate tax sales follow public notice and allow redemption within one year; property may forfeit to city if unredeemed.
- Legal actions to collect taxes require prior payment under protest; courts cannot invalidate taxes or sales except when substantial rights are impaired.
Administrative Powers and Officer Duties
- Department heads manage functions under Mayor’s supervision, certify department expenditures, submit budget estimates, and report operations.
- Appointment of key city officers including Judges, City Engineer, Treasurer, Assessor, Attorney, and Police Chief is by the President; Mayor appoints other employees subject to Civil Service Law.
- Conflicts of interest prohibited for city officers regarding business transactions with the city or receiving favors.
Bureaus Performing Municipal Duties
- Auditor General audits city accounts.
- Purchasing Agent acquires supplies except for real estate and completed work contracts.
- Department of Education operates under National Government supervision with a city school board.
- City Health Officer supervises public health, enforces laws, recommends ordinances, prosecutes violations, and conducts sanitary inspections.
Tax Allotments and Special Assessments
- City receives a share of national internal revenue as if it were a province.
- City Council may levy special assessments on benefited real estate for improvements up to 60% of cost.
- Special assessment ordinances must be published, property owners notified, and public hearings held.
- Special taxes are collectible like regular real estate taxes with similar penalties and lien priority.
Transition and Effectivity
- City government organization follows appointment and qualification of Mayor and Council.
- City governs territory independently from the Province of Davao upon municipal government organization.
- City Council assumes election-related duties; city Secretary acts as municipal secretary.
- Province and city remain one assembly district; city acquires provincial buildings abandoned due to capital transfer.
- Charter takes effect upon approval.