Title
Charter of the City of Zamboanga
Law
Commonwealth Act No. 51
Decision Date
Oct 16, 1936
Commonwealth Act No. 51, enacted in 1936, established the City of Davao in the Philippines, outlining the powers and responsibilities of the city government, including the role of the Mayor and City Council, and the duties of various city officials in areas such as public safety, infrastructure, and taxation.

Corporate Status

  • The City is a political body corporate with perpetual succession.
  • It exercises municipal corporation powers subject to the Charter.

Powers and Property Rights

  • The City has a common seal and may alter it.
  • It has the power to take, hold, lease, purchase, convey property, contract, sue and be sued.
  • It can condemn property for public use.

City Liability

  • The City is not liable for damages from failure or negligence of officials enforcing laws.

Police Jurisdiction

  • Extends 3 miles from shore into the sea and 2.5 miles landward around the City.
  • Includes areas necessary to protect the city's water supply.
  • Police of adjoining municipalities have concurrent jurisdiction.
  • Licenses in such zones are granted by local municipalities.

Executive Leadership: The Mayor

  • Appointed by the President with Commission on Appointments' consent.
  • Salary of ₱4,800 plus an optional ₱2,000 allowance approved by the Secretary of the Interior.
  • Acting Mayor duties performed by city engineer, city treasurer, or Presidential appointee as backup.
  • Controls executive and administrative functions under Secretary of the Interior supervision.
  • Powers include enforcement of laws, safeguard of City property, tax collection oversight, judicial proceedings initiation, supervision of officials, budget submission, licensing authority, and emergency measures.
  • Has veto power over ordinances, overridable by two-thirds City Council vote.

Secretary to the Mayor

  • Appointed subject to Civil Service rules.
  • Acts as chief clerk and secretary to the City Council and other boards.
  • Custodian of City records, corporate seal, and civil registry.
  • Responsible for ordinance posting and translation into native language.

Public Works Management

  • City Engineer directs construction, repairs, and improvements.
  • Contracting is allowed through public bidding with specified deposit and procedures.
  • Contracts executed in triplicate and approved by the Mayor.

Legislative Body: The City Council

  • Composed of the Mayor (presiding officer), city engineer, city treasurer, and five councilors (two appointed, three elected).
  • Councilors must be City residents with provincial official status.
  • Meetings: weekly regular sessions with quorum of majority.
  • Ordinance approval requires majority vote; vetoes subject to override.
  • Council controls appropriations and establishes fees, taxes, police and fire regulations, public works, public health, licensing, and moral ordinances.
  • Authority extends to public utilities, animal control, nuisances, traffic, sanitation, and general welfare.

Financial Provisions

  • Annual real property tax capped at 2% ad valorem.
  • Penalties for delinquent tax payments range from 5% to 15%.
  • Procedures for seizure and auction of personal and real property for unpaid taxes.
  • Tax liens have priority over other claims.
  • Taxpayers have redemption rights within one year of sale.
  • Courts require tax payment under protest before entertaining cases on tax validity.

City Departments and Officials

  • Departments include Engineering/Public Works, Law, Finance, Police, and others as created.
  • Municipal Court headed by a Judge with jurisdiction over police zone.
  • City Engineer responsible for public works, property care, and enforcing building regulations.
  • City Attorney is chief legal adviser, represents the City in civil and criminal matters, and supervises prosecutions.
  • Chief of Police manages law enforcement and detainees within police jurisdiction.
  • All relevant officials and police are peace officers with authority to serve court processes.
  • City Treasurer manages collection, safekeeping, and disbursement of city funds.
  • City Assessor assesses real estate annually and manages tax lists and hearings.
  • Board of Tax Appeals composed of City Council members, hears tax appeals.

Appointment and Compensation

  • President appoints key officials; Mayor appoints other personnel subject to Civil Service Law.
  • Salaries fixed for key officials with other compensation determined by ordinance.
  • Restrictions on officials engaging in contracts or transactions with the City to prevent conflict of interest.

Bureaus Performing Municipal Duties

  • Auditor General audits accounts.
  • Purchasing Agent manages all supply acquisitions.
  • Education Department managed by Director of Education and local school board.
  • City Health Officer oversees public health and sanitation, enforces health laws.

Tax Allotments and Special Assessments

  • City entitled to internal revenue allocation as a province.
  • City Council may levy special assessments up to 60% of costs for public improvements benefiting specific districts.
  • Procedures for public hearing, publication, and assessment notification are prescribed.
  • Payments treated as taxes with same penalties and liens.

Transition and Operational Provisions

  • City government organized upon official appointments.
  • Jurisdiction transferred from Province of Zamboanga.
  • City Council assumes election duties locally.
  • Province and City remain one assembly district until law provides otherwise.
  • City to acquire abandoned provincial properties upon capital transfer.

Effectivity

  • The Act takes effect upon approval (October 12, 1936).

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