Revised Charter of the City of Davao

Corporate territory and character

The City of Davao comprises the territories of the former Municipality of Davao and the then Municipal District of Guianga, and includes the enumerated barrios.
The City constitutes a political body corporate with perpetual succession.
The City holds and exercises powers that pertain to a municipal corporation, exercised under the Charter’s provisions.

City general powers and damages liability

The City may adopt and alter a common seal at pleasure.
The City may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interests of the City.
The City may condemn private property for public use, may contract, and may sue and be sued; it may prosecute and defend actions involving the City’s interests to final judgment and execution.
The City is not liable for damages or injuries arising from failure of the mayor, city council, or other city officers or employees to enforce this Charter or other law or ordinance, or from negligence while enforcing or attempting to enforce such provisions.
Nothing in the damages clause prevents an aggrieved party from filing a personal action against any city official or employee for an act or omission in the performance of duties in accordance with law.

Police jurisdiction and concurrent court powers

The City’s police jurisdiction for police purposes is co-extensive with its territorial jurisdiction.
The police jurisdiction extends three miles from the shores of the City.
For water protection, police jurisdiction extends to all territory within the drainage area of the City water supply, or within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with City water service.
The City Court of Davao has concurrent jurisdiction with the municipal court of the respective municipalities to try crimes and misdemeanors committed within the drainage area or within the one hundred-meter spaces.
The court first taking jurisdiction retains exclusive jurisdiction over the offense thereafter.
Police forces of the concerned municipalities have concurrent jurisdiction with the City police for maintaining good order and enforcing ordinances in the covered zone/areas.
Licenses within the covered zone/areas are granted by the proper municipal authorities, and the fees accrue to the municipal treasury, not the City.

Mayor: election, qualifications, tenure, powers

The mayor is the chief executive of the City.
The mayor is elected at large by qualified city voters.
No mayor is eligible unless, at the time of election, the candidate is at least twenty-five (25) years of age, a resident of the City for at least two (2) years prior to election, and a qualified voter.
The mayor holds office for four years unless removed sooner, and receives a salary of eighteen thousand pesos per annum.
The mayor also receives a commutable allowance for representation and quarters of not less than ten thousand pesos per annum.
The mayor exercises immediate control over executive and administrative functions of City departments, subject to supervision of the President of the Philippines, and is accountable for City affairs.
The mayor must enforce laws and City ordinances and resolutions and give necessary orders for faithful and proper enforcement.
The mayor safeguards City lands, buildings, records, moneys, credits, and other property and rights, and controls City property.
The mayor ensures collection of City taxes and revenues and proper application of City funds in accordance with appropriations.
The mayor causes judicial proceedings to recover City property and funds wherever found, and defends suits against the City to protect City interests.
The mayor sees that City officers and employees discharge duties.
The mayor may examine and inspect books, records, and papers of executive/administrative officers and employees whenever occasion arises and at least once a year; the City Council must provide clerical and other assistance.
The mayor reports information and recommends measures advantageous to the City.
The mayor represents the City in business matters and signs City bonds, contracts, and obligations made in accordance with law or ordinance.
The mayor submits to the City Council a budget of receipts and expenditures on or before the thirtieth day of April of each year.
The mayor receives, hears, and decides petitions, complaints, and claims on municipal matters of an administrative or executive character.
The mayor grants or refuses municipal licenses or permits of all classes and revokes same under laws and ordinances, including where acts prohibited by law or ordinances are committed under protection of the license or in premises where the business is carried on, or for other good reasons of general interest.
The mayor determines, according to law or ordinance, the time, manner, and place of payment of salaries and wages.
The mayor may exempt, with the concurrence of the division superintendent of schools, deserving poor pupils from payment of school fees or any part thereof.
The mayor makes appointments of City officials and employees except where the Charter provides otherwise.
The mayor may take emergency measures to avoid fires, floods, storm effects, and other public calamities.
The mayor renders an annual report to the Office of the President of the Philippines.
The mayor has the power of veto, subject to repassage by a two-thirds vote of all members of the Council.
The mayor performs other duties and exercises other executive powers prescribed by law or ordinance.

Vice-mayor succession and acting mayor powers

There is an elected vice-mayor who performs the mayor’s duties and powers in the event of death, sickness, absence, or other temporary incapacity of the mayor, or in the event of a definite vacancy until filled under law.
The vice-mayor is elected in the same manner as the mayor and has the same qualifications at election time.
If the vice-mayor is incapacitated or refuses to assume the office of mayor, the councilor who obtained the largest number of votes in the immediately preceding local elections assumes the office of mayor; if that councilor cannot assume or refuses, the next largest votes councilor assumes, and so on until the permanent vacancy is filled.
If the mayor-elect dies before assumption or fails to qualify, the vice-mayor-elect assumes office of mayor, but holds only until after the mayor-elect qualifies.
During the mayor’s temporary incapacity due to absence on leave, sickness, or temporary incapacity, the vice-mayor performs duties and exercises powers except the power to appoint, suspend, or dismiss employees.
If the vice-mayor is temporarily incapacitated from performing mayor duties, the councilor who obtained the largest number of votes among incumbent councilors in the immediately preceding local elections assumes the duties and exercises powers except appointment, suspension, or dismissal of employees.
The vice-mayor performs other duties assigned by the mayor or prescribed by law or ordinance.
The vice-mayor receives a salary of fifteen thousand pesos per annum.

City secretary and Council structure

The City secretary is appointed by the mayor and is considered a head of a City department.
The City secretary receives a salary of twelve thousand pesos per annum.
The City secretary acts as secretary of the City Board of Assessment Appeals and such other boards or committees created by law or ordinance, and keeps a journal of their proceedings.
The City secretary has charge of City records and documents for which there is no other provision.
The City secretary keeps the corporate seal and affixes it (with signature) to official acts of the mayor and required official documents and papers, in the discretion of the mayor.
The City secretary is the local civil registrar and keeps a civil register recording births, marriages, and deaths with dates.
The City secretary performs other duties directed by the mayor or required by law or ordinance.
The City secretary attests orders, proclamations, ordinances, and resolutions signed by the mayor.
The City secretary must furnish certified copies upon demand for non-confidential records and collects twenty centavos for each one hundred words including certification, with receipts paid into the City treasury.
The City Council is the legislative body, composed of the vice-mayor (presiding officer) and ten councilors elected at large.
A councilor or vice-mayor who is a candidate in an election is disqualified to act in council duties relative to that election; if this reduces membership, the President appoints a disinterested voter of the City belonging to the political party of the disqualified member to act in his place in such matters.
Council members receive a salary of twelve thousand pesos per annum.

Council presiding officer, secretary, sessions, voting

The vice-mayor presides over the City Council; in his absence, the Council elects one of its members as temporary presiding officer.
The presiding officer signs ordinances and resolutions and motions directing payment of money or creating liability enacted or adopted by the Council.
The City Council has a secretary elected by the Council who serves during members’ term unless removed, and whose compensation is not less than twelve thousand pesos per annum.
The Council secretary acts as secretary of the Council, keeps the Council records, and files all Council documents.
The Council secretary records in a book all ordinances, resolutions, and motions directing payment of money or creating liability, including dates of approval and publication.
The Council secretary keeps a seal with the inscription “City Council a City of Davao” and affixes it with signature to ordinances and Council official acts presented for presiding officer signature.
The Council secretary causes each ordinance passed by the Council to be published.
The Council secretary furnishes certified copies of public records upon demand, collecting fees prescribed by ordinance or resolution.
The Council secretary keeps the office and non-confidential records open to public inspection during usual business hours.
The City Council holds two regular sessions each week for transaction of business on days it fixes by resolution, and may hold special sessions called by the mayor and/or vice-mayor when public interest requires.
The Council sits with open doors unless ordered closed by the affirmative vote of a majority of all members.
A majority of all members constitutes a quorum for business; a smaller number may adjourn and may compel immediate attendance of an absent member without good cause by ordering arrest and production at the session under penalties previously prescribed by ordinance.
Ordinances and resolutions or motions directing payment of money or creating liability require the affirmative votes of a majority of all Council members for passage.
Other measures prevail upon majority votes of members present at a duly called and held session.
The ayes and nays must be taken and recorded for passage of all ordinances, and for all resolutions or motions directing payment or creating liability; they must also be taken when requested by any member on any other resolution or motion.
After approval, each ordinance, resolution, or motion directing payment or creating liability is sealed with the City Council seal, recorded in the proper book, and posted the day following passage at the main entrance of City hall and in at least two other public places.
Approved ordinances, resolutions, and motions take effect on and after the tenth day following passage, unless the act states otherwise or the mayor vetoes them.
A vetoed ordinance, if repassed, takes effect ten days after the veto is overridden, unless stated otherwise or again vetoed or disapproved.
Each ordinance and each resolution or motion directing payment of money or creating liability must be forwarded to the mayor for approval.
The mayor must return an ordinance, resolution, or motion with approval or veto within ten days after receipt; failure to return within that time is deemed approval.
A vetoed ordinance or item may be repassed by the required vote (two-thirds as stated elsewhere for repassage) and resubmitted to the mayor; failure to return within the applicable ten days is deemed approval.
If the mayor again vetoes, the matter is forwarded forthwith to the President for final approval or disapproval.

Legislative powers and taxation limits

The City Council may levy and collect taxes for general and special purposes in accordance with law, including real property tax not exceeding two per centum on assessed value.
The City Council may fix the number and salaries of City officials and employees not otherwise provided for in the Act.
The City Council may fix the tariff of fees and charges for services rendered by the City or its departments, branches, or officials.
The City Council may provide for erection and maintenance, or rental in case of need, of buildings for City use.
The City Council may establish and maintain vocational schools and institutions of higher learning conducted by the National Government or any of its subdivisions or agencies; with approval of the Director of Public Schools, it may fix reasonable tuition fees for vocational and higher-learning institutions supported by the City.
The City Council may establish and maintain high school and, except as otherwise provided by law, fix with approval of the Director of Public Schools reasonable matriculation and/or tuition fees for intermediate and secondary institutions therein; the City Council may also acquire sites for schoolhouses for primary and intermediate classes through purchases or conditional or absolute donations.
The City Council may provide for and maintain an efficient police force for law and order and make police ordinances for confinement and reformation of vagrants, disorderly persons, mendicants, prostitutes, and persons convicted of violating City ordinances.
The City Council may maintain the City Court established by law with jurisdiction over criminal cases under City ordinances and such further jurisdiction as may be conferred by law or ordinance.
The City Council may provide for and maintain a City fire department and establish fire facilities and equipment for prevention and extinguishment of fires.
The City Council may establish fire zones, regulate kinds of buildings or structures that may be erected, regulate construction and repair, and fix fees for permits for construction, repair, or demolition.
The City Council may regulate the use of lights and installations of stables in industrial/commercial establishments and public places, regulate and restrict permits for bonfires and rockets and other pyrotechnic displays, and fix permit fees.
The City Council may regulate to protect the public from conflagrations and prevent and mitigate famine, floods, storms, and other public calamities and provide relief for victims.
The City Council may tax, regulate, and fix license fees for specified trades and activities (including hawkers, peddlers, barbers, collecting agencies, practitioners, and others listed) and may impose occupation or professional tax not to exceed fifty pesos per annum on the enumerated professionals and related occupations.
Salaried employees who exercise professions or occupations only as salaried employees and not as independent practitioners are exempt from the municipal occupation tax.
The City Council may tax and regulate a broad list of businesses, including hotels, restaurants, lodging houses, breweries, distilleries, laundries, beauty parlors, clubs, theaters, cinematographs, pawnshops, and similar establishments, and fix license fees and business location restrictions.
No theater or cinematograph license is granted unless the applicant agrees to exhibit pictures made in the Philippines to the extent of five per centum of annual exhibitions; violation of this condition causes revocation of the license.
The City Council may tax and fix fees on printers/bookbinders, tailor shops, jewelry and embroidery makers, sail/awning makers, rope and paper trades, leather goods (including shoes, slippers, sandals), sporting goods, plastics and celluloid products, hardware, chemical products (including drugs and inks), textiles, lighting shades, clothing and accessories, fertilizers, and related trades listed.
The City Council may tax and fix license fees on dealers in general merchandise (including importers and indentors), except those expressly subject to other municipal taxes under the Charter.
General merchandise dealers must be classified as wholesale and retail and pay license tax as such under ordinance.
The term “general merchandise” includes poultry and livestock, agricultural products, fish and allied products.
The City Council may tax, fix license fees, and regulate the sale, trading, or disposal of alcoholic or malt beverages, wines, mixed or fermented liquors, including tuba, basi, and tapuy, for retail sale.
The City Council may impose a tax on all products or commodities manufactured or produced in the City and removed therefrom.
The City Council may impose a sales tax not exceeding one per centum of the gross value in money of all articles sold, bartered, exchanged, or transferred within the City.
The City Council may regulate methods of using steam engines and boilers and motive powers other than marine or belonging to the Government of the Philippines, provide inspection, and fix fees for inspection and licensing of engineers operating them.
The City Council may provide for prohibition and suppression of riots, affrays, disturbances, disorderly assemblies, houses of ill-fame and disorderly houses, gambling houses and fraudulent devices for obtaining money or property, prostitution, vagrancy, intoxication, fighting, quarrelling, disorderly conduct, and obscene or pornographic pictures, books, or publications, and provide for peace and good morals.
The City Council may regulate and fix license fees for keeping dogs and authorize impounding and destruction when running at large contrary to ordinances; it may tax and regulate keeping or training of fighting cocks.
The City Council may establish municipal pounds and regulate impounding and sale of domestic animals running at large, impose penalties on owners, and recover costs of proceedings.
The City Council may prohibit and punish cruelty to animals.
The City Council may require property owners by ordinance to construct or repair sidewalks at their expense along adjacent streets according to city engineer specifications; if owners fail within a specified period after demand, the city engineer may cause the work and collect costs as a special assessment.
Special assessment costs may be paid in full or in ten equal yearly installments, due like annual real estate tax and subject to penalties and remedies for delinquency.
From assessment date, these sums constitute liens on the property, taking precedence over other liens except liens attached due to non-payment of the annual tax.
The City Council may regulate inspection, weighing, and measuring of brick, hollow blocks, lumber, coal, and other articles or merchandise.
The City Council may regulate laying out, construction, improvement, and use of public works and public places (including streets, avenues, alleys, sidewalks, wharves, piers, parks, cemeteries), and regulate lighting, cleaning, and sprinkling, signage restrictions, and removal/collection of obstacles, garbage, refuse, and offensive matter.
The City Council may regulate openings for laying water, sewer, and other pipes; building and repair of tunnels, sewers, and drains; erecting poles and stringing wires; regulate crosswalks, curbs and gutters; name streets and regulate house and lot numbering.
The City Council may regulate traffic and sales on streets and public places; provide for abatement of nuisances and punish authors or owners.
The City Council may construct and maintain bridges, viaducts, and culverts; prohibit and regulate ball playing, kite-flying, hoop rolling, and amusements that annoy persons or frighten horses/animals; and regulate speeds of animal-driven vehicles within the City.
The City Council may construct and maintain canals and regulate navigation on canals and watercourses within the City, provide cleaning and purification, regulate public landing places, wharves, piers, docks, levees, and private landing places, and regulate drainage and filling of private premises to enforce sanitary rules.
The City Council may establish and maintain a telephone system and fix charges for use, subject to the Public Service Act.
The City Council may fix charges paid by water crafts landing at or using public wharves, docks, levees, or landing places owned, operated, managed, or controlled by the City, subject to the Public Service Law.
The City Council may maintain waterworks for supplying water and purifying the source and passageways, regulate consumption and use of water, and fix rents for waterworks services and regulate hydrants, pumps, cisterns, and reservoirs, subject to the Public Service Law.
The City Council may establish and maintain public drains, sewers, latrines, and cesspools.
The City Council may establish and maintain facilities for stables, laundries and baths, and public markets, fix fees, regulate them, and prohibit operation of public markets by any person/entity/association/corporation other than the City, subject to rules by the Director of Health Services.
The City Council may authorize slaughterhouses, provide for veterinary or sanitary inspection, regulate their use, and charge reasonable slaughter fees; no fees are charged for veterinary or sanitary inspection of meat from large cattle or other domestic animals slaughtered outside the City when inspection occurred at slaughter place.
The City Council may regulate and inspect to prevent discrimination or exclusion of races in or from institutions, establishments, or services open to the public in the City, including gas or electricity and telephone service; it may fix and regulate charges where not fixed by national law and regulate inspection of gas/electric/telephone conduits, mains, meters, and apparatus, including condemnation, substitution, or removal when defective or dangerous.
The City Council may declare, prevent, and provide for abatement of nuisances; regulate ringing bells and loud or unusual noises; require owners/agents/tenants to keep buildings or premises sanitary.
If owners fail within sixty days from service of written notice, the city health officer must cause sanitary work, assessing costs against the owner up to not to exceed sixty per centum of the assessed value, and such cost becomes a lien.
The City Council may regulate and/or prohibit or fix license fees for use of property on or near public ways, grounds, or places for electric signs or billboards and structures used for display of posters, signs, or pictorial or reading matter, except signs where the profession or business advertised is conducted at the place in whole or in part.
The City Council may enforce rules and regulations of the Director of Health Services and, by ordinance, prescribe penalties for violations.
The City Council may extend ordinances over waters within the City, and over boats or floating structures thereon, and for water purity purposes extend over the drainage area and within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used for City water service.
The City Council may regulate any other business or occupation conducted within the City not specifically mentioned earlier and impose a license fee upon persons engaged in it or enjoying privileges in the City.
The City Council may fix and regulate size, speed, and operation of motor and other vehicles; regulate vehicle lights; establish bus stops and terminals; and prohibit/regulate entry of provincial public utility vehicles into the City except those passing through.
The City Council may grant fishing and fishery privileges subject to the Fisheries Act.
The City Council may fix the date of a fiesta not oftener than once a year and alter it not oftener than once in three years.
The City Council may enact ordinances necessary for sanitation and safety, prosperity, promotion of morality, peace, good order, comfort, convenience, and general welfare, and fix penalties for violations not exceeding a two hundred-peso fine or six months imprisonment, or both, at the discretion of the court.
The City Council may issue subpoena and subpoena duces tecum in aid of its legislative functions and committee hearings and investigations.

Restrictive rules on public signs

No commercial sign, signboard, or billboard may be erected or displayed on public lands, premises, or buildings.
If the mayor, after due investigation and giving the owners an opportunity to be heard, considers a sign/signboard/billboard offensive to sight or otherwise a nuisance, the mayor may order its removal.
If the sign/signboard/billboard is not removed within ten days after the removal order, the mayor may cause its removal, and the sign/signboard/billboard is forfeited to the City.
The expenses incident to removal become a lawful charge against the person or property liable for erection or display.

City departments and departmental heads

The City has the following departments under the Mayor’s direct control and supervision: Department of Finance, Department of Engineering and Public Works, Law Department, Department of Health, Police Department, Fire Department, Department of Assessment, and Department of Public Services.
The City Council may readjust duties of departments to meet public interest and may consolidate departments, divisions, or offices.
Heads of departments control their departments under the Mayor’s direction and supervision.
Department heads must certify payrolls and vouchers covering payment of money before payment, except where the Charter expressly provides otherwise.
At least four months before each fiscal year begins, each department head must prepare and present to the Mayor an estimate of receipts and appropriations necessary for the ensuing fiscal year, with information for comparison as the Mayor desires.
Department heads must submit reports to the Mayor as often as required.
If a department head is absent, sick, unable to act, or there is temporary vacancy, the next-in-rank officer performs the department head’s duties.

Appointment of key City officials

The President of the Philippines, with consent of the Commission on Appointments, appoints the City judges, City treasurer, City engineer, City fiscal and assistants, chief of police, City health officer, City assessor, chief of fire department, City superintendent of schools and assistant, and other heads of City departments as created by law.
The Mayor appoints other officers and employees subject to Civil Service Law, except public school teachers and city court employees, and employees of the office of the City Auditor paid out of City funds, which are suspended and removed in accordance with law.

Prohibited transactions by city officers

City officers are prohibited, directly or indirectly and individually or as members of a firm, from engaging in business transactions with the City or with its authorized officials, boards, agents, or attorneys whereby money is paid out of City resources to such person or firm.
City officers are prohibited from purchasing real estate or other property belonging to the City, or property sold for taxes or assessments, or sold by virtue of legal process at the suit of the City.
City officers are prohibited from being surety for any person having a contract or doing business with the City for which security may be required.
City officers are prohibited from being surety on the official bond of any City officer.
City officers are prohibited from having financial interest in any transaction or contract where the national government or any subdivision or instrumentality thereof is an interested party.

Allowances for department heads and assistants

Department heads and their assistants or chief and assistant chiefs of an office are entitled to commutable allowances for quarters and representation in addition to salary.
The allowance for department heads or chiefs is not less than five thousand four hundred pesos per annum.
The allowance for assistants is not less than three thousand six hundred pesos per annum.
For allowance purposes, the City Court judges, City Auditor, City superintendent of schools, vice-mayor, councilors, City Council secretary, and City secretary are considered chiefs of a department.
The City electrician, City veterinarian, and City agriculturist are considered assistant chiefs of a department or an office.

General auditing and school coordination

The Auditor General audits all City accounts under government accounting and accounting laws.
The City auditor is appointed by the Auditor General and receives the same salary as the City treasurer per annum, with one-half paid by the National Government and one-half paid by the City.
The Director of Public Schools exercises the same jurisdiction and powers in the City as elsewhere in the Philippines.
The City superintendent of schools receives compensation of fifteen thousand pesos per annum and has powers and duties equivalent to division superintendents over schools in their division.
Operational expenses of primary, intermediate, and high schools are borne by the National Government as provided by law.
The purchase of