Title
Revised Charter of the City of Davao
Law
Republic Act No. 4354
Decision Date
Jun 19, 1965
Republic Act No. 4354 revises the charter of the City of Davao, granting it general powers, outlining the duties of city officials, and establishing the legislative procedure and powers of the City Council.
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Corporate Character and Powers

  • Davao is a political body corporate with perpetual succession.
  • It has a common seal and powers akin to municipal corporations, including owning property, contracting, suing and being sued.

Liability and Jurisdiction

  • The city is not liable for damages arising from failure or negligence in enforcement of laws by officials or employees.
  • Police jurisdiction extends co-extensively with territorial jurisdiction and an additional three miles offshore, and includes protection of water supply areas.

The Mayor and Vice-Mayor

  • The mayor is the chief executive with a four-year term, must meet age and residency requirements, and receive salary plus allowances.
  • The vice-mayor performs mayoral duties during absence or incapacity and succeeds in case of vacancy.
  • If both mayor and vice-mayor are incapacitated, councilors with highest votes succeed in order.

Powers and Duties of the Mayor

  • Enforces laws and ordinances, protects city property, oversees revenue collection and expenditures.
  • Represents the city, submits annual budget, handles administrative petitions and grants or revokes licenses.
  • Has veto power on ordinances.

City Secretary

  • Appointed by the mayor; manages records and official documents.
  • Acts as local civil registrar, secretary to boards, and attests official acts.
  • Collects fees for certified records.

City Council - Composition and Procedure

  • Legislative body composed of vice-mayor and ten councilors elected at large.
  • Members must be qualified electors, residents, and at least 23 years old.
  • Council sessions are generally open; quorum and voting requirements set for business and ordinance approval.
  • Mayor has veto power subject to override by two-thirds council vote.

Legislative Powers of the City Council

  • Levy and collect taxes including real property tax up to 2%.
  • Fix salaries, fees, and regulate various businesses, public works, sanitation, police and fire services.
  • Enact ordinances for public safety, order, welfare, and city administration with penalties up to P200 fine or six months imprisonment.

Restrictions on Signs and Billboards

  • Commercial signs or billboards on public lands must not be offensive or considered a nuisance; removal ordered by mayor.

City Departments and Administration

  • Departments: Finance, Engineering and Public Works, Law, Health, Police, Fire, Assessment, Public Services.
  • Heads of departments have control under mayor's supervision, prepare estimates and are accountable for departmental operations.
  • Appointment of key city officials by the President of the Philippines with consent, others by the mayor.
  • Prohibits city officers’ engagement in business transactions with the city to avoid conflicts of interest.

Finance Department and City Treasurer

  • Treasurer acts as chief fiscal officer; collects taxes, fees, rents, administers markets/slaughterhouses.
  • Handles city funds, disbursements, and submits monthly financial statements.

Engineering Department

  • City engineer manages all surveying, public works plans, inspections, and public property supervision.
  • Public works costing P3,000 or more require public bidding and mayor’s award; engineer may execute with approval.

Law Department and City Fiscal

  • City fiscal serves as legal adviser and prosecutor, represents city in civil cases.
  • Has investigative powers including subpoena; prosecutes violations of city ordinances.
  • Assistant city fiscals support the city fiscal.

Health Department

  • City health officer supervises public health and sanitation.
  • Enforces health laws, recommends ordinances, prosecutes violations, oversees sanitary inspection.
  • Director of Disease Control assumes control during epidemics.

Police Department

  • Chief of police controls police force, enforces laws, handles arrests, supervises city prison.
  • Police and officials are peace officers with authority for criminal process execution and arrest powers.
  • May request military aid during public emergencies.

Fire Department

  • Chief manages fire-fighting apparatus and personnel, issues regulations, investigates fires.
  • Has police powers at fire scenes, may demolish structures to prevent spread.
  • Regulates electrical installations and combustible materials; approves building plans for fire safety.

Assessment Department

  • City assessor annually assesses real estate for taxation.
  • Maintains tax lists and property valuation; may revise assessments.
  • Owners must declare acquisitions and improvements or be deemed to have waived notice rights.
  • Board of Assessment Appeals hears valuation disputes and can amend assessments.

Public Services Department

  • City public service officer oversees sanitary inspection, street and public building maintenance.
  • Charges fees for services; may declare nuisances related to land and communicate with mayor.
  • Enforces laws and prosecutes violations related to public services.

Tax Allotments and Special Assessments

  • City receives share of internal revenue equivalent to a province.
  • City Council may levy special assessments for public improvements benefiting properties.
  • Procedures include ordinance publication, landowner protests, hearings, appeals, and collection methods.
  • Proceeds dedicated exclusively to the intended public works.

City Budget

  • Annual budget prepared by treasurer and mayor, submitted to council with expenditure limits.
  • Supplemental budgets allowed; failure to enact results in re-enactment of previous appropriation.
  • City funds include general and special funds with restrictions on their use.

City Court

  • Comprises three branches with appointed judges receiving fixed salaries.
  • Clerk of court, deputy clerks, and sheriffs appointed; court keeps records, seals, and administers oaths.
  • Jurisdiction includes civil and criminal cases under city ordinances.
  • Procedures adhere to general judicial rules; appeals managed under the Revised Rules of Court.
  • Costs, fees, fines collected by clerk and remitted to city treasury.

Final Provisions

  • Elective officials continue until term expiration; appointive officials maintain benefits without new appointments.
  • National salary standardization laws supersede local salary provisions.
  • City remains part of a single representative district with the province for congressional representation.
  • Repeals inconsistent laws; act effective upon approval except salary provisions retroactive to July 1, 1964.

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