Section 1. Republic Act Numbered Twenty-six hundred
forty-three, otherwise known as the Charter of San Carlos, is hereby
amended by inserting between Section six and seven thereof a new
section to be known as Section six-A which shall read as
follows:
"Sec. 6-A. Salaries of City Officers. — Unless
otherwise provided in this Act, the mayor, vice-mayor, members of the
municipal board, secretary of the board, city attorney, city engineer,
city health officer, chief of police, municipal judge and city auditor
shall receive compensation or additional compensation in accordance
with the provisions of existing laws."
Sec. 2. The first paragraph of Section thirteen of
the same Act is amended to read as follows:
"Sec. 13. Appointment and duties of secretary of the
board. — The board shall have a secretary who shall be appointed by the
mayor with the consent of the majority members of the board and who
shall serve during the term of office of the members thereof. A vacancy
in the office of the secretary shall be filled temporary for the
unexpired term in like manner."
Sec. 3. Section fifteen of the same Act is amended by
adding thereto the following subsections:
"(nn) To exercise the right of eminent domain for
certain purposes specified by law subject to the approval of the
President of the Philippines;
"(oo) To request, through the city mayor, for the
appearance of any official, department head and employee of the city
government at any of its regular meetings for the purpose of
enlightening the board on vital matters affecting the city government;
and
"( pp) To grant local franchise subject to the
approval of the President of the Philippines."
Sec. 4. Section seventeen, twenty-three, twenty-four,
twenty-six, twenty-seven, twenty-eight, seventy-seven, and eighty-eight
of the same Act are amended to read as follows:
"Sec. 17. City departments. — There shall be a
finance department, an engineering department, a law department, a
health department, a police and fire department, and an assessment
department. Unless otherwise provided by law, the mayor shall have
general supervisory control over all the city departments.
"The municipal board may from time to time make such readjustment of
the duties of the several departments as the public interest may
demand, and, with the approval of the President, may consolidate or
separate any department, division, or office of the city with or from
any other department, division or office.
"Sec. 23. The City Attorney and Register of Deeds
ex-officio — His powers and duties. — The city attorney who shall
discharge his duties under the general supervision of the Secretary of
Justice shall be the chief legal adviser of the city. He shall act as
city register of deeds ex-officio with an additional compensation of
six hundred pesos per annum. He shall have the following powers and
duties:
"(a) He shall personally or through his
representatives represent the city in all civil cases wherein the city
or any officer thereof, in his official capacity, is a party, and shall
prosecute and defend all civil actions related or connected with any
city officer or interest;
"(b) He shall, when directed by the mayor, institute
and prosecute in the city's interest all suits on any bond, lease, or
other contract and upon any breach or violation thereof;
"(c) He shall, when requested, attend meetings of the
board, draw ordinances, contracts, bonds, leases, and other instruments
involving any interest of the city and inspect and pass upon any such
instrument already drawn;
"(d) He shall give his opinion in writing, when
requested by the mayor or the board or any of the heads of the city
departments, upon any question relating to the city or the rights or
duties of any city officer thereof;
"(e) He shall, whenever it is bought to his knowledge
that any city officer or employee is guilty of neglect or misconduct in
office, or that any person, firm, or corporation holding or exercising
any franchise or public privilege from the city, has failed to comply
with any conditions or to pay any consideration mentioned in the grant
of such franchise or privilege, investigate or cause to be investigated
the same and report to the mayor;
"( f) He shall investigate all charges of crimes,
misdemeanors and violations of laws and city ordinances and prepare the
necessary information or make the necessary complaints against the
persons accused. He may conduct such investigations by taking oral
evidence of reputed witnesses and for this purpose may, by subpoena or
subpoena duces tecum, summon witnesses to appear and testify under oath
before him, or to produce documents and other evidence before him, and
the attendance of, or the production of documents and other evidence by
an absent or recalcitrant witness may be enforced by application to the
municipal court or the court of first instance;
"(g) He shall have charge of the prosecution of all
crimes, misdemeanors and violations of laws and city ordinances triable
in the Court of First Instance of Negros Occidental and the municipal
court of the city, and shall discharge all the duties in respect to
criminal prosecution enjoined by law upon provincial fiscals;
"(h) He shall cause to be investigated the causes of
sudden deaths which have not been satisfactorily explained and when
there is suspicion that the cause arose from 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 health officer;
"(i) He shall at all times render such professional
services as the mayor or board may require, and shall have such powers
and perform such duties as may be prescribed by law or ordinances; and
"( j) He shall perform the duties prescribed by law
for registers of deeds.
"Sec. 24. The City Engineer — His powers and duties.
— There shall be a city engineer, who shall be in charge of the
department of engineering and public works and shall have the following
powers and duties:
"(a) He shall have charge of all the surveying and
engineering work of the city, and shall perform such service in
connection with public improvements, or any work entered upon or
proposed by the city, or any department thereof, as may require the
skill and experience of a civil engineer;
"(b) He shall ascertain, record, and establish
monuments of the city survey and from thence extend the survey of the
city, and locate, establish and survey all city property and also
private property abutting on the same, whenever directed by the mayor;
"(c) He shall prepare and submit plans, map,
specifications and estimates for buildings, streets, bridges, docks,
and other public works and supervise the construction and repair of the
same;
"(d) He shall make such tests and inspections 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;
"(e) He shall have the care of all public buildings,
including markets and slaughterhouses and all buildings rented for city
purposes, and of any system now or hereafter established by the city
for lighting the streets, public places or public buildings;
" He shall have the care of all public streets,
parks and bridges, and shall maintain, clean, sprinkle and regulate the
use of the same for all purposes as provided by ordinance;
"(g) He shall have the care and custody of all public
docks, wharves, piers, levees, and landing places owned by the
city;
"(h) He shall prevent the encroachment of private
buildings and fences on the streets and public places of the city;
"(i) He shall have general supervision and inspection
of all private docks, wharves, piers, levees and landing places and
other property bordering on the harbor, rivers, esteros and waterways
of the city, and shall issue permits for the construction, repair and
removal of the same;
"( j) He 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 ordinance relating thereto; shall inspect and
regulate the use of all private systems for supplying water to the city
and its inhabitants, and all private sewers and their connection with
the public sewer system;
"(k) He shall supervise the laying of mains and
connections for the purpose of supplying gas to the inhabitants of the
city;
"(l) He shall inspect and report upon the conditions
of public property and public works whenever required by the mayor;
"(m) He shall supervise and regulate the location and
use of engines, boilers, forges, and other manufacturing and heating
appliances in accordance with laws and ordinances relating thereto. He
is authorized to charge fees at rates to be fixed by the board with the
approval of the department head, for the sanitation and transportation
services and supplies furnished by his department;
"(n) He shall inspect and supervise the construction,
removal, and safety of private buildings, and regulate and enforce the
numbering of houses, in accordance with the ordinances of the city;
"(o) With the previous approval of the mayor in each
case, he shall order the removal of buildings and structures erected in
violation of the ordinances; shall order the removal of the materials
employed in the construction or repair of any building or structure
made in violation of said ordinances; shall cause buildings and
structures dangerous to the public to be made secure or torn down; and
"( p) He shall file and preserve all maps, plans,
notes, surveys and other papers and documents pertaining to his office.
"Sec. 26. The City Health Officer — His powers and
duties. — There shall be a city health officer, who shall have charge
of the health department and shall have the following general powers
and duties:
"(a) He shall have general supervision over the
health and sanitary condition of the city; 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;
"(b) He shall execute and enforce all laws,
ordinances and regulations relating to the public health;
"(c) He shall recommend to the municipal board the
passage of such ordinances as he may deem necessary for the
preservation of the public health;
"(d) He shall cause to be prosecuted all violations
of sanitary laws or ordinances or regulations;
"(e) He shall make sanitary inspections and may be
aided therein by such members of the police force of the city or the
national police as shall be designated as sanitary police by the chief
of police or proper national police officer and such sanitary inspector
as may be authorized by laws;
" He shall keep a civil register for the city and
shall record therein all births, marriages and deaths with their
respective dates; and
"(g) He shall perform such other duties not repugnant
to law or ordinance, with reference to the health and sanitation of the
city as the Director of Health Services shall direct.
"Sec. 27. The Chief of Police — His powers and
duties. — There shall be a chief of police who shall have charge of the
police and fire department and shall have the following general powers
and duties:
"(a) He may issue supplementary regulations not
incompatible with law or general regulations promulgated by the proper
department head of the national government, in accordance with law, for
the governance of the city police and detective force;
"(b) He shall quell riots, disorders, disturbances of
the peace, and shall arrest and prosecute through the city attorney
violations of any law or ordinance; shall exercise police supervision
over all land and water within the police jurisdiction of the city;
shall be charged with the protection of the rights of persons and
property wherever found within the jurisdiction of the city, and shall
arrest, when necessary to prevent the escape of the offender, violators
of any law or ordinance, and all who obstruct or interfere with him in
the discharge of his duty; shall have charge of the city prison; shall
be responsible for the safekeeping of all prisoners until they shall be
released from custody, in accordance with law, or delivered to the
warden of the proper prison or penitentiary;
"(c) He may take good and sufficient bail for the
appearance before the judge of the municipal court of any person
arrested for violation of any city ordinance;
"(d) He shall have authority within the police limits
of the city to serve and execute criminal processes of any court;
"(e) He shall be the deputy sheriff of the city, and
as such, he shall, personally or by representative, attend the sessions
of the municipal court, and shall execute promptly and faithfully all
writs and processes of said court;
" He shall have charge of the fire-engine houses,
fire engines, hose trucks, hooks and ladders; and all other fire
apparatus;
"(g) He shall have full police powers in the vicinity
of fires;
"(h) He shall have authority to remove or demolish
any building or other property whenever it shall become necessary to
prevent the spreading of fire or to protect adjacent property;
"(i) He shall investigate and report to the mayor
upon the origin and cause of all fires occurring within the city;
"( j) He shall inspect all buildings erected or under
construction or repair within the city and determine whether they
provide sufficient protection against fire and comply with the
ordinances relating thereto;
"(k) He shall have charge of the city's fire alarm
service;
"(l) He shall supervise and regulate the stringing,
grounding, and installation of wires for all electrical connections
with a view to avoid conflagrations, interference with public traffic
or safety, or the necessary operation of the police and fire
department;
"(m) He shall supervise the manufacture, storage and
use of petroleum, gas, acetylene, gunpowder and other highly
combustible matters and explosives; and
"(n) He shall have such other powers and perform such
other duties as may be prescribed by law or ordinance.
"Sec. 28. Chief of the detective service. — There
shall be a chief of the detective service who shall, under the chief of
police, have charge of the detective work of the department and of the
detective force of the city, and shall perform such other duties as may
be assigned to him by the chief of police or prescribed by law or
ordinance.
The chief of detective service shall receive a salary not exceeding
three thousand pesos per annum.
"Sec. 77. Clerk and employees of the municipal court.
— There shall be a clerk of the municipal court, who shall be a member
of the Philippine Bar. He shall be appointed by the mayor in accordance
with Civil Service law, rules and regulations, and shall receive a
compensation to be fixed by ordinance approved by the President of the
Philippines, at not exceeding three thousand pesos per annum. He shall
keep the seal of the court and affix it to all orders, judgments,
certificates, records, and other documents issued by the court. He
shall keep a docket of the trials in the court, in which he shall
record in a summary manner the names of the parties and the various
proceedings in civil cases, and in the criminal cases, the name of the
defendant, the charges against him, the names of the witnesses, the
date of the arrest, the appearance of the defendant, together with the
fines and costs adjudged or collected in accordance with the judgment.
He shall have the power to administer oaths. The clerk of the municipal
court shall, at the same time, be sheriff of the city and shall as such
have the same powers and duties conferred by existing law to provincial
sheriffs. The municipal board may provide for such number of clerks in
the office of the clerk of the municipal court as the needs of the
service may demand.
"There shall be a deputy clerk of the municipal court who shall be
appointed by the mayor in accordance with the Civil Service law, rules
and regulations and who shall receive a compensation, to be fixed by
ordinance approved by the President of the Philippines, at not
exceeding two thousand four hundred pesos per annum.
"Sec. 88. The Bureau of Public Schools. — The
Director of the Bureau of Public Schools shall exercise the same
jurisdiction and power in the city as elsewhere in the Philippines and
the division superintendent of schools for the Province of Negros
Occidental shall have all the powers and duties in respect to the
schools of the city as are vested in division superintendents in
respect to schools of their division. As such ex-officio superintendent
of city schools, he shall receive additional compensation of one
thousand two hundred pesos. There shall be a district supervisor for
city intermediate schools with compensation to be fixed by the
municipal board."
Sec. 5. This Act shall take effect upon its approval.
Enacted, without Executive
approval, June 18, 1961.
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