Title
Charter creating Danao City and its goverce
Law
Republic Act No. 3028
Decision Date
Jun 7, 1961
Republic Act No. 3028 establishes Danao City as a political corporation with defined territorial jurisdiction, governance structure, and powers, including the roles of the Mayor and Municipal Board, while outlining the city's responsibilities and liabilities.
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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.

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