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|COMMONWEALTH ACT NO. 326 - AN ACT CREATING THE CITY OF BACOLOD|
Section 1. This Act shall be known as "The Charter of the City of Bacolod."
It may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interests of the city, condemn private property for public use, contract and be contracted with, sue and be sued, and prosecute and defend to final judgment and execution, and exercise all the powers hereinafter conferred.
In consideration of the privileges and exemptions enjoyed by the provincial government within the city and of the responsibilities imposed on the same by the continuance of the city as capital of the province, the provincial board of Occidental Negros shall be obliged to create a permanent continuing annual appropriation of not less than fifty thousand pesos to be credited to the general funds of the city. The Auditor General shall see to the enforcement of this provision of law and shall transfer to the City of Bacolod at the beginning of each year, from any funds in the provincial treasury of Occidental Negros not otherwise appropriated, the sum of fifty thousand pesos, unless the provincial government shall have previously voted a greater sum.
The Mayor shall be appointed by the President, with the consent of the Commission on Appointments of the National Assembly, and shall hold office at the pleasure of the President.
He shall receive a salary of six thousand pesos a year. With the approval of the Secretary of the Interior, the Mayor may receive, in addition to his salary, an allowance of two thousand pesos per annum.
Section10. General powers and duties of the Mayor. — As chief executive of the city government, the Mayor shall have immediate control over the executive and administrative functions of the different departments, subject to the supervision of the Secretary of the Interior, and shall be held accountable for the proper administration of all affairs of the city.
He shall have the following powers and duties:
Section11. Secretary to the Mayor. — The Mayor shall appoint the secretary who shall have the following duties:
Section12. Execution of authorized public works and improvements. — All public works of construction, repair, and improvement of the city shall be carried on by administration under the direction of the city engineer. For justified reasons, the Mayor, upon recommendation of the city engineer, may also have said work done totally or partially by contract, upon advertising for bids therefor In this event, the Mayor shall advertise for sealed bids or proposals for the same in two newspapers of general circulation in the City of Bacolod, one in the native language generally spoken in the city and the other in English or Spanish, for a period of one week, the first insertion to be less than ten days before the day fixed for opening such proposals. A plan or profile of the work to be done, accompanied by specifications for the performance of the same, shall, before advertisement, be placed on file in the office of the city engineer, which plan, profile and specifications shall, at all times, be open for public inspection. All bids shall be opened in the presence of the Mayor and the city engineer at the advertised time and place. Each bid shall be accomplished by a deposit, the amount and character of which shall be fixed by the Mayor and named in the advertisement, and which in no case shall be less than ten per centum nor shall exceed twenty-five per centum of the estimated cost of the improvement or work to be done. Such deposit shall be forfeited to the city if the bidder in case the contract shall be awarded to him shall neglect or refuse to enter into a contract, with approved sureties, to execute the work for the price mentioned in his bid and according to the plans and specifications. The Mayor may upon recommendation of the city engineer reject any or all bids received. Should all bids be rejected, or should it become necessary for any reason to call for new bids, subsequent advertisement shall be for a period of five days and in the manner above prescribed. Bonds, to be approved by the Mayor, shall be taken for the faithful performance of all contracts. Contracts shall be executed in triplicate by the Mayor and by the contractor, and one original shall be filed in the office of the Mayor, one in the office of the Auditor, and the third shall be given to the contractor.
The City Council
Section13. Constitution and Organization of the City Council. —The City Council shall be the legislative body of the City, and shall be composed of the city mayor, the city engineer, the city treasurer, and six councilors, two appointed by the President, with the consent of the Commission on Appointments of the National Assembly, and the other four elected by popular vote. The Mayor shall act as president of the Council. Pending the next general elections the offices of said four elective councilors shall be filled in the same manner as the offices of the appointive councilors.
If any member of the City Council should be a candidate for office in any election, he shall be incompetent to act with the City Council in the discharge of the duties herein conferred upon it as to election matters, and in such case the other members of the Council shall discharge said duties without his assistance, or they may choose some disinterested elector of the city to act on the Council in such matters in his stead.
The councilors shall be resident of the City of Bacolod and shall have the status and qualifications of provincial officers of an organized province.
The President of the City Council shall preside at all the meetings of the council at which he is present and shall have the right to vote on all matters submitted to the Council. In his absence, the Council meeting shall be presided over by the city engineer as acting president. The President of the Council shall sign all ordinances and all resolutions and motions directing the payment of money or creating liability. In case of sickness or absence of any member of the Council or if for any reason it becomes necessary to maintain a quorum, the President of the Philippines shall appoint a temporary substitute who, until the return to duty of the sick or absent member, shall hold the office, possess all rights, receive all the compensation and emoluments and perform all the duties of a member of the Council.
The Mayor, the city engineer, and the city treasurer shall serve in the City Council with additional compensation. The other councilors shall receive, for each day of attendance at the sessions of the Council a per diem of ten pesos.
The Council shall fix the times and places for its regular meetings, which shall be held once a week, and shall hold special meetings when called by the Mayor. Any meeting, regular or special, may, in case the amount of business shall require, be adjourned from day to day until the business is completed. Meetings shall be open to the public unless otherwise ordered by an affirmative vote of a majority of the members. The Council shall keep a record of its proceedings and determine its rules of procedure not herein set forth. A majority of the Council shall keep a record of its proceedings and determine its rules of procedure not herein set forth. A majority of the Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. The ayes and nays shall be taken and recorded upon the passage of all ordinances, upon all resolutions or motions directing the payment of money or creating liability, and at the request of any member, upon any other motion or resolution. The affirmative vote of a majority of all the members of the City Council shall be necessary for the passage of any ordinance, or any resolution or motion directing the payment of money or creating liability, but other measures shall prevail upon the majority vote of the members present at any meeting duly called and held. Each ordinance shall be sealed with the city seal, signed by the President and the Secretary of the Council, and recorded in a book kept for that purpose. Each ordinance shall, on the day following its passage, be posted by the secretary at the main entrance to the city hall, and shall take effect and be in force on and after the tenth day following its passage, unless otherwise stated in said ordinance or resolution, and unless vetoed by the Mayor before the expiration of said ten-day period. A vetoed ordinance, if repassed, shall take effect ten days after the veto is overridden by a two-thirds vote of all the members of the City Council, unless another date is fixed in the said resolution or ordinance.
The secretary shall be in charge of the records of the City Council: He shall keep a full record of the proceedings of the Council, and file all documents relating therein; shall record, in a book kept for that purpose, all ordinances, and all resolutions and motions directing the payment of money or creating liability, with the dates of approval of the same, and of the publication of ordinances; shall keep a seal, circular in form, with the inscription "Municipal Council — City of Bacolod," and shall affix the same, with his signature, to all ordinances and other official acts of the Board, and shall present the same for signature to the President thereof; shall cause each ordinance passed to be published in the native language generally spoken in the city, as well as either English or Spanish depending on the language used in the same at the time of its passage in the Council; shall, on demand, furnish certified copies of all records of public character in his charge, and collect and receive therefor, such fees as may be prescribed by ordinance or resolution of the Council; and shall keep his office and all records therein which are not of a confidential character open to public inspection during usual business hours.
Ordinances involving appropriations shall be subject to the approval of the Provincial Board which shall act upon it within ten days from submission thereof: Provided, That upon failure of the Board to act on the same within the said period of ten days, such ordinances shall be deemed to have been approved: And, provided, further, That any action of the Board disapproving any such ordinance shall be appealable to the Secretary of the Interior, whose action is final.
Section16. Method of transacting business by Council; Veto, authentication and publication of ordinances. — Unless the Secretary of the Interior orders otherwise, the Council shall hold ordinary sessions twice a week for the transaction of business on days which it shall fix by resolution, and such extraordinary sessions, not exceeding ten days any one year, as may be called by the Mayor, except the sessions provided for in section thirty-seven of this Charter. It shall sit with open doors unless otherwise ordered by an affirmative vote of four members. He shall keep a record of its proceedings and determine it rules of procedure. Five members of the Council shall constitute a quorum for the transaction of business, and four affirmative votes shall be necessary for the passage of any ordinance, resolution, or motion. The ayes and nays shall be taken and recorded upon the passage of all ordinances, upon all resolutions, or motions directing the payment of money or creating liability and at the request of any member upon any other resolution or motion. Each ordinance enacted by the Council, and each resolution or motion directing the payment of money or creating liability, shall be forwarded to the Mayor for his approval. Within ten days after the receipt of the ordinance, resolution or motion, the Mayor shall return it with his approval or veto. If he does not return it within that time, it shall be deemed to be approved. If he returns it with his veto, his reasons therefor in writing shall accompany it. It may then be again enacted by the affirmative vote of two-thirds of the members of the Council.
Other City Officers and Offices
The City Council may, by ordinance approved by the Secretary of the Interior, make from time to time such readjustment of the duties of the several departments, as the public interest may demand, or alter, consolidate or abolish them.
There shall be a Municipal Court presided over by a Judge.
Section20. Powers and duties of the City Engineer. — The city engineer shall be in charge of the department of engineering and public works. He shall have charge of all the surveying and engineering work of the city, and shall perform such services in connection with public improvements, or any work entered upon or projected by the city, or any department thereof, as may require the skill and experience of a civil engineer. He shall ascertain, record, and establish monuments of the city survey and from thence extend the surveys of the city, and locate, establish, and survey all city property, and also private property abutting on the same, whenever directed by the Mayor; shall prepare and submit plans, maps, specifications, and estimates for buildings, streets, bridges, docks, and other public works, and supervise the construction and repair of the same; shall make such tests and inspection of engineering materials used in construction and repair as may be necessary to protect the city from the use of materials of a poor or dangerous quality; shall inspect and report upon the condition of public property and public works whenever required by the Mayor; shall have the care and custody of all public buildings rented for city purposes, and of any system now or hereafter established for lighting the streets, public places, and public buildings of the city; shall prevent the encroachment of private buildings and fences on the streets and public places of the city, shall inspect and supervise the construction, repair, removal, and safety of private buildings, and regulate and enforce the numbering of houses, in accordance with the ordinance of the city; shall maintain, clean, sprinkle, and regulate the use of the same for all purposes as provided by ordinance; shall collect and dispose of all garbage, refuse, the contents of closets, vaults and cesspools, and all other offensive and dangerous substances within the city; shall have the care and custody of all public docks, wharves, piers, levees, and landing places, when erected; shall have general supervision and inspection of all private docks, wharves, piers, levees, and landing places, and other property bordering on the harbor, river, esteros, and waterways of the city, and shall issue permits for the construction, repair, and removal of the same, and enforce all ordinances relating to the same; shall have the care and custody of the public system of waterworks and sewers, and all sources of water supply, and shall control, maintain, and regulate the use of the same, in accordance with the ordinances relating thereto; shall inspect and regulate, subject to the approval of the Mayor, the use of all private systems for supplying water to the city and its inhabitants, and all private sewers and their connections with the public sewer system. He shall file and preserve all maps, plans, notes, surveys, and other papers and documents pertaining to his office. He shall supervise the laying of mains and connections for the purpose of supplying gas to the inhabitants of the city. He shall have power, subject to the approval of the Mayor, to cause buildings dangerous to the public to be made secure or torn down, and shall supervise and regulate the location and use of engines, boilers, forges, and other manufacturing and heating appliances in accordance with law and ordinance relating thereto. He is authorized to charge, at rates to be fixed by the City Council with the approval of the Department Head, for sanitation and transportation services and supplies furnished by his department.
With the previous approval of the Mayor in each case, he may order the removal of buildings and structures erected in violation of the ordinances, or the removal of the materials employed in the construction or repair of any building or structure made in violation of said ordinances.
The city attorney shall cause to be investigated all charges of crimes, misdemeanors, and violation of ordinances, and have the necessary information's or complaints prepared or made against the persons accused. He or his assistant may conduct such investigations by taking oral evidence of reputed witnesses, and for this purpose may by subpoena, summon witnesses to appear and testify under oath before him, and the attendance or evidence of an absent or recalcitrant witness may be enforced by application of the municipal court or the Court of First Instance. No witness summoned to testify under this section shall be under obligation to give any testimony tending to incriminate himself, and no testimony elicited from a witness by such examination under oath before the city attorney or his assistant under this section shall be used against such witness in any prosecution pending or thereafter instituted against him.
The city attorney shall also cause to be investigated the causes of sudden death which have not been satisfactorily explained and when there is suspicion that the cause arose from the unlawful acts or omissions of other persons, or from foul play. For that purpose, he may cause autopsies to be made in case it is deemed necessary, and shall be entitled to demand and receive for the purpose of such investigations or autopsies the aid of the city health officer. He shall at all times render such professional services as the Mayor or Council may require, and shall have such powers and perform such other duties as may be prescribed by law or ordinance.
The city attorney shall perform the duties prescribed by law for registers of deeds. In case of vacancy, absence or disability, the duties of register of deeds shall be performed by the city treasurer or his authorized deputy, or when the needs of the service require it, the Secretary of Justice may designate any other officer of the government.
To be eligible for appointment to these positions, a person must be a citizen of the Philippines who has been duly admitted to practice in the courts of said islands, and has been in actual practice, in the courts of said islands for at least five years in the case of the city attorney, or has held during a like period, within the Philippines, an office requiring the services of a lawyer.
Section23. The Acting City Attorney. — In case of temporary disability or absence of the city attorney, and if the exigencies of the service so require, the Judge of the Court of First Instance, upon recommendation of the Mayor, shall appoint a practicing attorney to discharge the duties of the said city attorney. The appointee, while performing the duties of city attorney, shall have the duties, rights, and compensation of the city attorney.
Section24. The Chief of Police. — There shall be a chief of police who shall have the following general powers and duties:
Section25. Peace Officers. — The chief of police, all city officers, and all members of the police force and secret service shall be peace officers and all are authorized to serve and execute all processes of courts to whosoever directed, within the jurisdiction or police limits of the city; and, within the same territory, they may pursue and arrest, any person found in suspicious places or under suspicious circumstances reasonably tending to show that such person has committed, or is about to commit, any crime or breach of peace; may arrest or cause to be arrested any offender when the offense is committed in the presence of a peace officer or within his view; and, in such pursuit or arrest, may enter any building or take into custody any person therein suspected of being concerned in such crime or breach of the peace, and any property suspected of having been stolen; they shall detain such person only until he can be brought before the proper court, and shall have such other powers and perform such other duties as may be prescribed by law or ordinance. Whenever the Mayor shall deem it necessary, to avert danger or to protect life and property, in case of riot, disturbance, or public calamity, or when he has reason to fear any violation of law and order, he shall have power to swear in special police, in such numbers as the occasion may demand. Such special police shall have the same powers, while on duty, as members of the insular force.
Section26. The City Treasurer. — There shall be a city treasurer who shall have the following general powers and duties:
Section27. The City Assessor. — There shall be a city assessor who shall have the following general powers and duties:
"I hereby certify that the foregoing list contains a true statement of the piece or pieces of taxable real estate belonging to each person named in the list, and its true cash value and that no real estate taxable by law in the City of Bacolod has been omitted from the list, according to the best of my knowledge and belief.
The duties of the city assessor shall be performed by the city treasurer until the City Council shall have, by ordinance approved by the Secretary of the Interior, provided for the creation of a separate department of assessment.
"I do solemnly swear (or affirm) that I will well and truly hear and determine all matters and issue between the city assessor and taxpayers submitted for my decision. So help me God. (In case of affirmation the last four words are to be stricken out).
"Subscribed and sworn to (or affirmed) before me this day of 196________.
(Signature of officer administering oath)
Section29. Exemptions from Taxation. — Lands and buildings owned by the United States of America, the Government of the Philippines, the City of Bacolod, the Province of Occidental Negros, and burying grounds, churches, and their adjacent personages and convents, and lands for buildings used exclusively for religious, charitable, scientific, or educational purposes, and not for profit, shall be exempt from taxation; but such exemption shall not extend to lands or buildings held for investment, though the income therefrom be devoted to religious, charitable, scientific, or educational purposes.
Section30. Taxes on Real Estate. — A tax the rate per centum of ad valorem taxation not to exceed two per centum, to be determined by the City Council, shall be levied annually on or before the second Monday of February on the assessed value of all real estate in the city subject to taxation. Taxes shall be due and payable annually on and after the first day of March.
At the option of the taxpayer, the tax for any year may be paid in two installments to be fixed annually by the City Council simultaneously with the rate per centum of ad valorem taxation: Provided, That the time limit for the first and second installments shall be set at not later than the thirty-first day of May and the thirtieth day of November of each year, respectively.
Any person who, on the last day set for the payment of the real estate tax as provided in the preceding paragraph, shall be within the premises of the municipal building willing and ready to pay the tax but is unable to effect it on account of the large numbers of taxpayers therein present, shall be furnished a properly prescribed card that will permit him to pay the tax the following day without penalty.
If a property owner is not in position to pay the total amount of taxes due on real estate in his or her name, partial payment may be made on account of one or more lots, or part thereof.
The words "paid under protest" shall be written upon the face of the real estate tax receipt on request of any person willing to pay the tax under protest. Confirmation in writing of an oral protest shall be made within thirty days.
At the expiration of the time for the payment of the real estate tax without penalty, the taxpayer shall be subject, from the first day of delinquency, to the payment of a penalty at the rate of two per centum for each full month of delinquency due, on the amount of the original tax due, until the tax shall have been paid in full or until the property shall have been forfeited to the city as provided in section thirty-one hereof: Provided, That in no case shall the total penalty exceed twenty-four per centum of the original tax due: And provided, further, That the provisions of this section shall be applicable to such delinquencies of real estate taxes as may be existing on the date of the approval of this Act.
In the event that the crop is extensively damaged or that a great lowering of the prices of products is registered in any year, the City Council may, by resolution passed on or before the thirty-first day of December of such year, remit wholly or in part the payment of the tax or penalty for the ensuing year; but such resolution shall have to specify clearly the grounds for such remission and shall not take effect till it shall have been approved by the Secretary of the Interior.
The President of the Philippines may, in his discretion, remit or reduce the real estate taxes for any year in the City of Bacolod, if he deems this to be in the public interest.
Section31. Taxes on Real Estate — Sale of Personality. — In the event that such tax and penalty shall remain unpaid one month after payment thereof shall have become due, the city treasurer shall prepare and sign a certified copy of the records of his office, showing the person delinquent in payment of the taxes and the amounts of tax and penalty respectively due from them. He shall proceed at once to seize the personal property of each delinquent, and, unless redeemed as hereinafter provided, to sell at public auction, either at the main entrance of the municipal building or at the place where such property is seized, as he shall determine, so much of the same as shall satisfy the tax, penalty, and costs of seizure and sale, to the highest bidder for cash, after due advertisement by notice posted stating the time, place, and cause of sale. The certified copy of the city treasurer's record of delinquents shall] be his warrant for his proceedings, and the purchaser at such sale shall acquire an indefeasible title to the property sold. Within two days after the sale the city treasurer shall make return of his proceedings and spread it upon his record's. Any surplus resulting from the sale, over and above the tax, penalty, and costs, shall be returned to the taxpayer on account of whose delinquency the sale has been made. It shall be essential to the validity of tax sales of real estate hereunder that the city treasurer shall have attempted to make out of the personal property of the taxpayer the tax due upon his real estate. The remedy provided herein for the collection of taxes upon real estate by levying upon the personal property of the taxpayer shall be deemed to be cumulative only. The owner of the personal property seized may redeem the same from the collecting officer at any time after seizure and before sale by tendering to him the amount of the tax, the penalty, and costs incurred upon to the time of tender. The costs to be charged in making such seizure and sale shall only embrace the actual expense of seizure and preservation of the property pending the sale, and no charge shall lie imposed for the services of the collecting officer or his deputy.
Section32. Taxes on Real Estate. — Liens — Sale of Real property. — Taxes and penalties assessed against real property shall constitute a lien thereon, which lien shall be superior to all other liens, mortgages, or encumbrances of any kind whatsoever; shall be enforceable against the property whether in the possession of the delinquent or any subsequent owner, and can only be removed by the payment of tax and penalty. The lien for the taxes shall attach to the real property from the first day of March of the year in which the taxes are due. In addition to the last mentioned procedure the city treasurer may, upon the warrant of the certified record required in the last preceding section, one month following the date of delinquency, advertise the real estate of the delinquent for sale, or so much thereof as may be necessary to satisfy all public taxes upon said property as above, and costs of sale, for a period of thirty days.
The advertisement shall be by posting a notice at the main entrance of the municipal building and in a public and conspicuous place on or adjacent to the real estate, and by publication once a week for three weeks in a newspaper of general circulation published in the city, if any there be. The advertisement shall contain a statement of the amount of the taxes and penalties so due and the time and place of sale, the name of the taxpayer against whom the taxes are levied, and a short description of the land to be sold. At any time before the day fixed for the sale the taxpayer may discontinue all proceedings by paying the taxes, penalties, and costs to the city treasurer. If he does not do so the sale shall proceed and shall be held either at the main entrance of the municipal building or on the premises to be sold, as the city treasurer may determine. Within five days after the sale the city treasurer shall make return of the proceedings and spread it on his records. The purchaser at the sale shall receive a certificate from the city treasurer from his records, showing the proceedings of the sale, describing the property sold, stating the name of the purchaser, and setting out the exact amount of all public taxes, penalties, and costs due. Any surplus remaining, after paying all public taxes, penalties, and costs due, shall be delivered to the owner of the property.
Section33. Taxes on Real Estate — Redemption of Real property. — Within one year from the date of sale the delinquent taxpayer, or anyone for him, shall have the right of paying to the city treasurer the amount of the public taxes, penalties, and costs, together with interests on said purchase price at the rate of fifteen per centum from the date of purchase to the date of redemption; and such payment shall entitle the person paving to the delivery of the certificate issued to the purchaser and a certificate from the city treasurer that he has thus redeemed the real estate, and the city treasurer shall forthwith pay over to the purchaser the amount by which such land has thus been redeemed and the land thereafter shall be free from the lien of such taxes and penalties.
In case the taxpayer shall not redeem the real estate sold as above provided within one year from the date of sale, the city treasurer shall, as grantor, execute a deed in form and effect sufficient under the laws of the Philippines to convey to the purchaser so much of the real estate as has been sold, free from all liens of any whatsoever, and the deed shall succinctly recite all the proceedings upon which the validity of the sale depends.
Within one year from the date of such forfeiture thus declared the taxpayer, or anyone for him, may redeem said real estate as above provided in cases where the land is sold. But, if the land is not thus redeemed within a year the forfeiture shall become absolute and the City treasurer shall execute a deed, similar in form and having the same effect as the deed required to be made by him in case of a sale, conveying the land to the city. The deed shall be recorded as required by law for other land titles and shall be filed with the city secretary, who shall enter it in his record of municipal property.
Section35. Taxes — Legal Procedure. — (a) The assessment of a tax shall constitute a lawful indebtedness from the taxpayer to the city which may be enforced by a civil action in any court of competent jurisdiction, and this remedy shall be in addition to all other remedies provided by law.
Section36. Powers and Duties of Heads of Departments. — Each head of department of the city government shall be in control of such department, under the supervision and control of the Mayor and shall possess such powers as may be prescribed herein or by ordinance. He shall certify to the correctness of all payrolls and vouchers of his department covering the payment of money before payment, except as herein may otherwise be expressly provided. On or before the first day of September of each year, he shall prepare and present to the Mayor for submission to the Council an estimate of the receipts and appropriation necessary for the operation of his department during the ensuing year, and shall submit therewith such information for purposes of comparison as the Mayor may desire. He shall make to the Mayor, as often as required, reports covering the operation of his department.
In case of the absence, or sickness, or inability to act for any other reason, of the head of one of the city departments, the officer next in charge of that department shall be authorized to sign all necessary papers, such as vouchers, requisition, and so forth.
Section37. Appointment and Removal of Officials and Employees — Compensation. — The President shall appoint, with the consent of the Commission on Appointments of the National Assembly, the judge and auxiliary judge of the Municipal Court, the city engineer, the city treasurer, the city assessor, the city auditor, the city attorney and assistants, the chief of police and the other heads of the city departments as may be created from time to time, and he may remove at pleasure any of the said appointive officers, except the judge and the auxiliary judge of the Municipal Court, who may be removed only according to law.
Subject to the provisions of the Civil Service Law, the Mayor shall appoint all other officers and employees of the city whose appointment is not otherwise provided for by law. The Mayor may suspend and remove any appointive city officer and employee not appointed by the President, and may recommend to the President the suspension or removal of any city officer or employee appointed by him. Any suspension or removal by the Mayor shall be appealable to the Secretary of the Interior, whose determination on the matter shall be final.
The municipal judge, the city auditor, and the city attorney shall each receive three thousand six hundred pesos per annum. The assistant city attorney shall receive not less than one thousand eight hundred pesos per annum. The city engineer and the city treasurer, whether acting or not as city assessor, shall each receive not less than three thousand six hundred pesos per annum. The chief of police shall receive a compensation of not less than three thousand pesos per annum: Provided, however, That the City Council shall determine and fix by ordinance the salaries of officers and employees of the city.
Section38. Officers not to Engage in Certain Transactions or Receive Favors or Advantages. — It shall be unlawful for any city officer, directly or indirectly, individually or as a member of a firm, to engage in any business transaction with the city, or with any of its authorized officers, board, agents, or attorneys, whereby money is to be paid, directly or indirectly, out of the resources of the city to such person or firm; or to purchase any real estate or other property belonging to the city, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the city or to be surety for any person having a contract or doing business with the city, for the performance of which security may be required; or to receive any favors, free tickets, passes or services direct or indirect, from corporations, firms, or persons upon terms more advantageous to the recipient than those generally accorded to the public.
Bureaus Performing Municipal Duties
Section39. The General Auditing Office. — The Auditor General shall receive and audit all accounts of the city in accordance with the provisions of law relating to the government account and accounting.
Section40. The Division of Purchase and Supply. —The Purchasing Agent shall purchase and supply in accordance with law all supplies, equipment, material, and property of every kinds except real estate, for the use of the city and its departments and offices. But contracts for completed work of any kind for the use of the city or any of its departments or offices, involving both labor and materials where the materials are furnished by the contractors shall not be deemed to be within the provisions of this section.
Section41. The Bureau of Education. — The Director of Education shall exercise the same jurisdiction and powers in the city as elsewhere in the Philippines, and the division superintendent of schools for the Province of Occidental Negros shall have all the powers and duties in respect to the schools of the city as are vested in division superintendents in respect to the schools of their divisions.
A city school board of six members, two of whom shall be women, and who shall serve without salary, shall be selected and removed in the same manner, and shall have the same powers and duties, as local school boards in municipalities.
The City Council shall have the same powers in respect to the establishment of schools in Bacolod as are conferred by law on municipal councils.
Section42. Reports to the Mayor concerning Schools Construction and Custody of School Buildings. — The division superintendent of schools shall make an annual report of the condition of the schools and school buildings of Bacolod to the Mayor, and such recommendations as seem to him wise in respect to the number of teachers, their salaries, new buildings to be erected, and all other similar matters, together with the amount of city revenues which should be expended in paying teachers, and improving the schools or school buildings of the city. The local school board shall make a similar annual report to the Mayor.
Section43. The City Health Officer. — There shall be a health officer who shall have the following general powers and duties:
Tax Allotments and Special Assessment for Public Improvements
Section44. Allotments of internal revenue and other taxes. — Of the internal revenue accruing to the National Treasury under section four hundred and ninety of the Administrative Code, and other taxes collected by the National Government and allotted to the various provinces, the City of Bacolod shall receive a share equal to what it would receive if it were a regularly organized province.
Section46. Contents of Special Assessments Ordinance. — The ordinance providing for the levying and collection of special assessment shall describe in terms of reasonable accuracy the nature, extent, and location of the proposed improvement; the probable cost of the improvement; the rate per centum of the cost to be defrayed by special assessment; the district which shall be subject to the payment of the said per centum of the proposed improvement, delimiting the same by metes and bounds, and the number of annual installments, which shall not be less than five, in which such special assessment shall be paid without any interest. The City Council shall not be required to fix one equal rate per centum for all the taxable real estate in the entire district, but may fix different rates for real estate in different parts or sections of the same, according as said property will derive greater or less benefit from the contemplated improvement.
Section50. Change of government. — The city government provided for in this Charter shall be organized immediately after the appointment and qualification of the City Mayor, and the appointment and induction into office of the members of the City Council, as herein provided, or as soon thereafter as possible. The territory of the city, upon completion of the organization of the municipal government, shall cease to be under the jurisdiction of the Provincial Government of Occidental Negros.
Section51. Conduct of elections in Bacolod. — For the effectuation of the purposes of the Election Law in the election of public officers for the City of Bacolod, the duties which are by said law made incumbent upon provincial boards and municipal councils shall be performed by the City Council of Bacolod, and the duties imposed by said law upon provincial treasurers and municipal secretaries shall be performed by the Secretary to the Mayor.
Section52. Assembly Districts — Provincial Capital. — Until otherwise provided by law, the City of Bacolod shall continue as part of the Second District of the Province of Occidental Negros and the capital of the province, only for residential purposes of the Provincial Government shall remain as heretofore.
Section53. Provincial buildings and properties. — The buildings and properties which the province shall abandon upon the transfer of the capital to another place will be acquired and paid for by the City of Bacolod at a prize to be fixed by the Auditor General.
Effectivity of the Act
Section54. Effectivity. — This Act shall take effect upon its approval.