Law Summary
Corporate Charter and Powers
- Danao City constituted as a political body corporate with perpetual succession.
- Power to hold property, enter contracts, sue and be sued, and condemn property for public use.
Liability of the City
- City is not liable for damages caused by failure or negligence of city officials in enforcing laws.
- Aggrieved parties may file personal actions against officials.
Police Jurisdiction
- Jurisdiction extends within territorial limits, three miles offshore, and water supply protection zones.
- Municipal and municipal courts have concurrent jurisdiction over offenses within these limits.
Executive Branch: Mayor and Vice-Mayor
- Mayor elected at large, must be at least 25 years old and resident for 10 years; term of 4 years.
- Vice-Mayor elected in similar manner; acts as Mayor in absence or vacancy.
- Mayor powers include law enforcement, property management, tax collection, judicial proceedings initiation, and emergency measures.
- Secretary to the Mayor appointed to manage records and official documentation.
Legislative Branch: Municipal Board
- Composed of Vice-Mayor (presiding officer) and eight elected councilors.
- Councilors must be qualified electors, residents for 10 years, and at least 23 years old.
- Legislative sessions held twice weekly; ordinances require majority vote, subject to mayoral veto.
- Extensive legislative powers including taxation, licensing, public safety regulation, public works, education support, and eminent domain.
- Restrictions on commercial signs on public property; removal authorized by Mayor.
Barrio Councils
- Each barrio to have a council with elected members including barrio lieutenant and councilmen for livelihood, education, health.
- Powers to enforce laws locally, manage finances, and promote community welfare.
- Members serve one-year terms with limitation on consecutive re-elections.
City Departments
- Departments include Finance, Engineering and Public Works, Law, Health, Police, Fire, and Assessment.
- Department heads under Mayor's supervision; appointed officials include city treasurer, fiscal, police chief, among others.
City Treasurer
- Chief fiscal officer responsible for tax collection, fund administration, and payment disbursement.
City Engineer
- Oversees public works, surveys, construction supervision, environmental regulation, and infrastructure maintenance.
City Fiscal
- Chief legal adviser and prosecutor for the city.
- Handles civil and criminal cases involving the city.
- Authorized to investigate crimes, cause of sudden deaths, and violations of ordinances.
City Health Officer
- Supervises health and sanitation, enforces health laws and regulations, maintains civil registrations.
Police Department
- Chief of Police must have military rank experience; powers include maintaining peace, arresting offenders, and supervising police operations.
- Police officers are peace officers with authority within the city and related jurisdictions.
Fire Department
- Chief responsible for administration, fire prevention, inspection, and regulation of hazardous materials.
Department of Assessment
- City Assessor manages valuation and assessment of real estate for taxation.
- Authority to conduct inquiries, inspect property, and maintain tax rolls.
Real Estate Taxation
- Annual tax with a maximum rate of 1.5% ad valorem, with specified exemptions.
- Procedures for declaring property acquisition or improvements, assessment revisions, and public notifications.
- Penalties for tax delinquency; provisions for seizure and sale of personal property.
Tax Appeals
- City Board of Tax Appeals to hear disputes involving property assessments.
- Decisions subject to review by higher authorities.
Special Assessments for Public Improvements
- Municipal Board can impose special assessments for local benefit from public works.
- Procedures for ordinances, publication, protests, hearings, appeals, assessment determination, and collections.
City Budget
- Annual and supplemental budgets formulated by Mayor and approved by Municipal Board.
- Failure to enact appropriations results in reenactment of previous budgets.
Municipal Court
- Established with a municipal judge and auxiliary judge.
- Jurisdiction over civil, criminal, land registration, and cadastral cases.
- Procedures include summons, warrants, hearings, and appeals.
Ownership of Public Utilities and Lands
- Waterworks and public infrastructure owned by the city.
- National Government cedes lands of the public domain within city limits to Danao City.
Final Provisions
- Incumbent municipal officers continue in office until term expiration.
- Danao City remains part of the first representative district of Cebu.
- Provision for election participation in provincial elections.
- Separability and repealing clauses, and effectivity upon approval.