Title
Revises Cebu City Charter
Law
Republic Act No. 3857
Decision Date
Jun 10, 1964
The Revised Charter of the City of Cebu outlines the powers and duties of officials and departments, including peace officers, the Chief of Fire Department, City Public Service Officer, City Auditor, Director of Public Schools, and regulations on commercial signs and billboards, as well as granting the city authority over public utilities and establishing the engineering fund.
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Liability and Jurisdiction

  • The city is not liable for damages due to officers or employees' failure or negligence in enforcing laws.
  • Jurisdiction extends to the city's corporate limits, plus six miles sea zone and three miles land zone for police purposes.
  • City court has concurrent jurisdiction with other courts in specified zones.

Elective Offices and Qualifications

  • Mayor, Vice-Mayor, and councilors are elected at large for four-year terms.
  • They must be qualified registered voters and hold no other public office except limited exceptions.

Removal and Disqualifications of Officers

  • The President can remove officers for disloyalty after notice and hearing.
  • Officers/employees committing bribery, fraud, or coercion for office or employment forfeit their position.
  • Prohibited transactions include business dealings with the city that could cause conflict of interest.

Full-Time Employment and Investigations

  • Appointive city officers/employees must devote full office hours exclusively to duties.
  • The City Council or Mayor may investigate city affairs upon sworn complaint.

Official Bonds and Contract Limitations

  • City Treasurer and other required officers must give surety bonds.
  • Personal service contracts shall not exceed the Mayor's term and must be approved by ordinance.

Taxation and Debt Limits

  • Annual real estate tax limited to 2% ad valorem; an additional 1% may be levied for capital improvement fund.
  • Debt may not exceed 20% of the assessed taxable real estate value, net of sinking funds and reserves.

Executive Branch: Mayor, Vice-Mayor, Administrator, and Secretary

  • Mayor: Chief executive, 30 years old, resident for 5 years; controls departments, enforces laws, represents city, prepares budget, appoints officers.
  • Vice-Mayor: Assumes Mayor's duties if needed; elected for four years; succession regulated.
  • City Administrator: May be established to assist the Mayor with coordination, budgeting, personnel, studies, and administrative duties.
  • Secretary to the Mayor: Custodian of records and seal, attests documents; appointed by Mayor.

City Council: Composition, Organization, and Powers

  • Nine councilors elected at large; elect a chairman annually.
  • Legislative body responsible for ordinances, resolutions, budgets, and appropriations.
  • Has comprehensive powers to tax, regulate businesses, maintain public safety, and oversee city development.
  • Council meetings are public except by majority vote to close.
  • Ordinances require approval by Mayor, with veto and override procedures.

Departments and Their Heads

  • Departments include Engineering and Public Works, Health, Law, Finance, Assessment, Police, Fire, and Public Services.
  • Department heads supervise operations under Mayor's control; certify payments and make annual reports.

Law Department and City Court

  • City fiscal and assistants serve as legal advisers and prosecutors.
  • City court with five branches exercises jurisdiction over city ordinance violations and specific criminal cases.
  • Procedures for appeals, administration of oaths, preliminary investigations, and fines detailed.

Finance and Assessment Departments

  • City Treasurer acts as chief fiscal officer, collects taxes, manages funds, and prepares financial reports.
  • City Assessor appraises and assesses real estate for taxation; maintains records and handles exemptions.
  • Property owners must declare real estate acquisitions/improvements.
  • Procedures for assessments, appeals, tax collection, delinquency penalties, and tax sales provided.

Special Assessments and National Road Improvements

  • City may levy special assessments for public works benefiting specific districts.
  • Procedures for ordinance approval, publication, hearings, assessment, and payment govern special taxes.

Police and Fire Departments

  • Chief of Police oversees police operations, enforces laws, supervises jail.
  • Police officers have authority to serve processes, make arrests, and maintain order.
  • Chief of Fire Department manages fire services, investigates fires, and enforces fire safety regulations.

Department of Public Services

  • Oversees sanitation, public building maintenance, garbage disposal, and public health nuisances.
  • Authority to charge fees and recommend ordinances.

Relationship to Other Government Bodies

  • City Auditor appointed jointly by National Government and city to audit accounts.
  • City schools managed by a City Superintendent under the Director of Public Schools.

Special Provisions

  • Prohibition and removal of offensive commercial signs.
  • City entitled to share in national taxes equivalent to provincial shares.
  • City may own and operate public utilities, set rates, and contract operations.
  • Engineering fund considered city funds.
  • Ordinances and regulations in force before charter continue unless repealed.
  • Election duties under Election Law assigned to city officials.
  • City remains part of provincial congressional district.
  • Repealing clause and severability of charter provisions.

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