PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY

PRELIMINARY ARTICLE
Title of Act

Section 1. This Act shall be known as the "Revised Charter of the City of Cebu."

ARTICLE I
General Provisions

Sec. 2.    Corporate character. — The City of Cebu constitutes a political body corporate and as such is endowed with the attributes of perpetual succession and possessed of the powers which pertain to a municipal corporation, to be exercised in conformity with the provisions of this Charter.

Sec. 3.    General powers. — The city may have a common seal and may alter the same at its pleasure. It may take, purchase, receive, hold, lease, convey, and dispose of real and personal property within or without its corporate limits, for the general interest 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, actions where its interests are involved, and exercise all the powers conferred by this Charter together with all the powers implied thereby or appropriate to the exercise thereof. The provisions of this Charter shall be construed liberally in favor of the city, to the end that it may have all the necessary powers for the efficient conduct of its municipal affairs. The specific mention or particular powers in other sections of this Charter shall not be construed as limiting the powers of the city in the premises to those thus mentioned.

Sec. 4.    Liability for damages. — The city shall not be liable or held for damages or injuries to persons or property arising from the failure of any of its officers and employees, jointly or individually, to enforce the provisions of this Charter or any other law or ordinance, or from the negligence of any of its officers or employees while enforcing or attempting to enforce said provisions.

Sec. 5.    Boundaries. — The boundaries and limits of the City of Cebu shall comprise the territory within its present corporate limits or as hereafter changed in accordance with law.

Sec. 6.    Administrative districts. — The City Council may, by ordinance, divide the city into districts for all administrative and other municipal purposes, including the description of property. Such districts as may have been established by law in the city on or before the date on which this Charter shall take effect shall remain in existence until changed or abolished by laws or by ordinance.

Sec. 7.    Jurisdiction of the city for police purposes. — The jurisdiction of the city for police purposes shall extend to six miles from the shore of Cebu City, and over a zone surrounding the city on land of three miles in width; and for the purpose of protecting and ensuring the purity of the water supply of the city, such police jurisdiction shall also extend over all territory within the drainage area of such water supply, or within two hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service. The city court of the City of Cebu shall have concurrent jurisdiction with the Court of First Instance of Cebu and the municipal courts of the respective municipalities to try crimes and misdemeanors committed within the said zone of three milers in width, within said drainage area or within said spaces of two hundred meters. The court first taking jurisdiction thereof. The police force of the several municipalities concerned shall have concurrent jurisdiction with the police force of the City of Cebu for the maintenance of good order and the enforcement of lawful ordinances throughout said zone, area and spaces but any license that may be lawfully granted within said zone, area, or spaces shall be granted by the proper authorities of the municipality concerned, and the fees arising therefrom shall appertain to the treasury of the municipality concerned and not to that of the City of Cebu.

Sec. 8.    Elective officers; elections. — The elective officers of the city shall be the Mayor, the Vice-Mayor and the councilors, all of whom shall be elected at large by the qualified voters of the city on the date of the regular elections for provincial and municipal officials, in conformity with the provisions of the Revised Election Code and shall assume office on the first day of January next following their election, upon qualifying, and shall hold office for four years and until their successors shall have been duly elected and qualified.

Sec. 9.    General qualifications of elective officers. — In addition to any special qualifications prescribed by this Charter, all elective officers of the city shall be qualified and registered electors of the city and shall hold no other public office except that of notary public or membership in the armed forces reserve, nor any other employment with the city or with the National Government or any province or municipality.

Sec. 10.    Removal of elective officers by the President. — Any elective city officer may be removed by the President of the Philippines on proof of disloyalty to the Philippine Republic, but shall be entitled as a matter of right to notice and hearing before he may be removed, or upon conviction by final judgment by a competent court of any crime involving moral turpitude. The President may suspend such officer accused of disloyalty to the Philippine Republic for a period of not exceeding thirty days pending the preparation and disposition of the charges; Provided, however, That should the accused be acquitted, he shall be reinstated and be entitled to the payment of any salary which he failed to receive during his suspension.

Sec. 11.    Disqualifying acts and practices. — No officer or employee of the city shall give or promise to give any portion of his compensation or any money or valuable thing to any person in consideration of his having been nominated, elected, appointed or employed as such officer or employee. No officer or employee of the city shall wilfully violate any provision of law relating to his office or employment, or commit any fraud upon the city, or convert any of the public property to his own use or knowingly permit any other person to do so. No officer or employee of the city shall detail or cause any officer or employee of the city to do or perform any service or work outside of his public office, work or employment. No officer or employee of the city shall, directly or indirectly, coerce or intimidate, or attempt directly or indirectly, to coerce or intimidate any officer or employee in the classified service of the city with a view to causing any such classified officer or employee involuntarily to resign his office or employment with the city. Any person convicted of any offense enumerated in this section, in addition to any other penalties imposed by law, shall forfeit his city office or employment.

Sec. 12.    Prohibited transactions. — It shall be unlawful for any city officer or employee, 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 officials, boards, 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 be surety of the official bond of any officer or employee of the city; or to have a financial interest in any transaction or contract with the city or in which the city is an interested party; or to appear as counsel to defend any person or corporation against whom the city may have filed suit. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his city office or employment.

Sec. 13.    Full-time duty. — Each appointive city officer and employee shall devote his time and attention exclusively during the usual office hours to the duties of his office. No city officer or employee shall hold more than one office unless expressly so provided by law. But this section shall not apply to other persons discharging public duties in the city under the National Government who receive no compensation for their services.

Sec. 14.    Investigations and inquiries. — Upon a written formal complaint made under oath, which on its face provides reasonable basis to believe that some anomaly or irregularity might have been committed, the City Council or the Mayor, or any person or committee authorized by either of them, shall have power to inquire the official conduct of any department, agency, or officer or employee of the city and to make investigation as to city affairs, and for that purposes may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence.

Sec. 15.    Official bonds. — The City Treasurer and all his deputies, and such other city officers or employees as the City Council by ordinance require so to do, shall give bond in such amount and with such surety as may be approved by the Mayor. All such bonds shall be in favor of the city; and the premiums thereon shall be paid by the city.

Sec. 16.    Limitations on contracts for personal services. — No contract for personal services to be furnished the city shall extend beyond the term of the Mayor in office at the time the contract is approved; nor shall any such contract be valid unless made or approved by ordinance.

Sec. 17.    Tax limitations. — The City Council may levy an annual tax on real estate in the city not exempt from taxation at a rate not to exceed two per centum ad valorem: Provided, That the City Council may levy an additional tax annually on all taxable real estate in the city at a rate not to exceed one per centum ad valorem on the condition that all proceeds from said additional levy shall be credited to and paid into a special restricted fund, to be known as the Capital Improvement Fund, to be expended exclusively for the financing of capital projects as herein defined. For the purposes of this section, the words "capital project" shall be construed to mean any of the following: (a) Any physical public betterment or improvement and any engineering, architectural or other similar studies and surveys thereto; (b) the acquisition of property of a permanent nature, including sites for city buildings, roads, or other public facilities; and (c) the purchase of equipment for any public betterment or improvement when first erected or acquired. Expenditures from any capital improvement fund so established shall be made only as authorized by ordinances, duly adopted and approved, making appropriations therefor.

Sec. 18.    Debt limits. — Any other law to the contrary notwithstanding, the city may incur indebtedness or other obligation to the payment of which the faith and credit of the city is pledged at an amount not exceeding twenty per centum of the total assessed value of the taxable real estate in the city.

As used in this section, the term "indebtedness" shall be construed to be the net figure obtained by deducting from the total outstanding indebtedness of the city all sinking fund assets and other reserves inviolably pledged or committed to its payment or retirement. The words "total outstanding indebtedness of the city as herein used shall be construed to include all indebtedness contracted in the previous year or years, whether bonded or of any kind whatever, but excluding the budgeted or estimated operating expenses of the city for the current fiscal year. For the purposes of this section, the assessed value of taxable real estate in the city shall be that used as a basis for the city tax levy for the fiscal year next preceding that in which the indebtedness is incurred.

ARTICLE II
Office of the Mayor, the Vice-Mayor, the City Administrator, the City Secretary

Sec. 19. Nature of office; qualifications, compensation. — The Mayor shall be the chief executive of the city and as such shall have immediate control over the executive functions of the different departments and agencies of the city, subject to the general supervision of the President as may be provided for by law. He shall be at least thirty years of age, and shall have been a resident of and a registered voter in the city at least five years immediately prior to and at the time of his election. He shall hold office for four years unless sooner removed for cause as provided for by law, and shall receive a salary of twelve thousand pesos a year. The City Council may, in its discretion, provided quarters for the Mayor or commute the same in addition to his salary.

Sec. 20. General powers and duties of the Mayor. — The Mayor shall have the following general powers and duties:

(a)    To see that the provisions of this Charter, the ordinances of the city, and all laws within the jurisdiction of the city are faithfully enforced;

(b)    To safeguard all the lands, buildings, records, monies, credits, and other properties and rights of the city, and subject to the provisions of this Chapter, to have control thereof;

(c)    To cause to be instituted judicial proceedings to recover properties and funds of the city wherever found and cause to be defended all suits against the city;

(d)    To see that all taxes and other revenues of the city are collected and applied in accordance with appropriations to the payment of the city expenses;

(e)    To see that executive officers and employees of the city are properly discharging their respective duties. The Mayor may, in the interest of the service, transfer officers and employees not appointed by the President of the Philippines from one section, division, service or department to another section, division, service, or department, without changing the compensation they receive;

(f)     To examine and inspect the books, records and papers of all officials, agents, and employees of the city whenever occasion arises and at least once in each year;

(g)    To give such information and recommend such measures to the City Council as he shall deem advantageous to the city;

(h)    To attend, if he wishes to do so, the sessions of the City Council and participate in the discussions, but not to vote;

(i)    To represent the city in all its business matters and sign in its behalf all its bonds, contracts, and obligations made in accordance with the laws or ordinances;

(j)    To submit to the City Council before the thirty-first day of May of each year an annual budget of receipts and expenditures of the city. The City Council may not increase the appropriations recommended by the Mayor for the operation of the city government as specified in the budget;

(k)    To receive, hear and decide, as he may deem proper, the protests, complaints, and claims of the residents of the city concerning all classes of municipal matters of an administrative and executive character;

(l)    To grant and refuse municipal license or permits of all classes including permits for benefits of whatever kind, any provision of law to the contrary notwithstanding, and to revoke the same for violation of the conditions upon which they were granted, or if acts prohibited by law or city ordinances are being committed under the protection of such licenses or in the premises in which the business for which the same have been granted is carried on, or for any other good reasons of general and public interest;

(m)    To determine the time, manner, and place of payment of the salaries and wages of the officers and employees of the city;

(n)    To exempt deserving poor pupils from the payment of school fees, or of any part thereof, upon the recommendation of the Superintendent of Schools;

(o)    To require owners of houses, buildings or other structures constructed without the necessary permit or in violation of existing laws or ordinances, whether constructed on public or private lands, to remove or demolish such houses, buildings, or structures within sixty days after notice, and upon failure of such owner to remove or demolish such house, building, or structure within said period, the Mayor may summarily cause its removal or demolition at the expense of the owner, any existing law to the contrary notwithstanding;

(p)    To take such emergency measures as may be necessary to avoid fires, floods, and mitigate the effects of storms and other public calamities;

(q)    To request, if public interest and safety so require the assistance of the Philippine Constabulary and other police agencies of the National Government in maintaining peace and order in the city and only in such cases and upon specific request made, can the Philippine Constabulary or other national police agencies intervene in the preservation of peace and order in the city;

(r)    Subject to the provisions of the Civil Service Law and rules, to appoint all officers and employees whose salaries are paid wholly or partly from city funds, any existing law to the contrary notwithstanding, except such officers whose appointments are vested in the President or otherwise provided for in this Charter, and regular employees in the city auditor's office. Officers and employees appointed by the Mayor may be suspended by him for cause, and on the grounds provided by Civil Service Law and rules, for a period not exceeding thirty days, which suspension may continue for a longer period but not exceeding ninety days if concurred in by the City Council, and after proper investigation in accordance with Civil Service Law and rules, and with the consent of at least two-thirds of all the members of the City Council, may discharge such officer or employee, any provision of law to the contrary notwithstanding. The Mayor may investigate or order the investigation of any city officer or employee not appointed by him and may recommend to the President or to the proper national department head the suspension or removal of such officer or employee;

(s)    To prepare and make out plans for the physical development of the city, zoning and land subdivision rules and regulations, subject to the approval of the City Council, any existing law or executive order to the contrary notwithstanding;

(t)    To release, subject to such conditions as he may see fit, or unconditionally, any person imprisoned or sentenced for violation of a city ordinance, or remit the sentence of such person, or any part thereof; and

(u)    To perform such other duties and exercise such other executive powers as may be prescribed by law or ordinance.

Sec. 21. The Vice-Mayor. — The Vice-Mayor, who shall, at the time of his election, possess the qualifications required of the Mayor, shall perform the duties and exercise the powers of the Mayor in the event of death resignation or permanent incapacity of the Mayor for the completion of the unexpired term of the latter. He shall hold office for four years, unless sooner removed for cause as provided for by law, and shall receive a salary of eight thousand four hundred pesos a year. The Vice-Mayor shall perform such additional duties as may be assigned to him by the Mayor or prescribed by ordinance. The Vice-Mayor may attend, if he wishes to, the sessions of the City Council and participate in its discussion but not to vote.

If, for any reason, the Mayor is temporarily incapacitated to perform the duties of his office because of absence on leave, sickness, or any temporary incapacity, the Vice-Mayor shall perform the duties and exercise the powers that may be delegated to him in writing by the Mayor, during the period of the Mayor's temporary incapacity.

In the event of temporary or permanent vacancy in the office of the Vice-Mayor, the city councilor who obtained the largest number of votes in the local elections immediately preceding shall assume the office of Vice-Mayor. If, for some reason, the councilor obtaining the largest number of votes in the local elections immediately preceding is incapacitated from assuming the office of Vice-Mayor or refuses to assume said office, the councilor obtaining the next largest number of votes shall assume the office of Vice-Mayor, and so on until the vacancy is filled.

In the event that permanent vacancies in the office of Mayor and Vice-Mayor occur simultaneously, then the councilor obtaining the largest number of votes in the local elections immediately preceding shall assume the office of the Mayor and the councilor obtaining the second largest number of votes shall assume the office of Vice-Mayor. If, for some reason, the councilor obtaining the largest number of votes is incapacitated from assuming the office of the Mayor or refuses to assume said office, then the councilor obtaining the next largest number of votes shall assume the office of Mayor and the councilor obtaining the next largest number of votes after him shall assume the office of Vice-Mayor, and so on until the vacancies are filled.

Should the Mayor-elect die before assumption of office or fail to qualify for any reason, then the Vice-Mayor elect shall assume the office of Mayor, but in the latter case, he shall hold office until the Mayor-elect qualifies, should the Vice-Mayor die before assumption of office or fail to qualify for any reason, then the Councilor obtaining the largest number of votes in the local elections immediately preceding shall assume the office of Vice-Mayor.

Any permanent vacancies in the City Council shall be filled by appointment by the President of the Philippines, alone, upon the recommendation of the majority of the remaining members of the City Council.

Sec. 22. City administrator. — Upon the recommendation of the Mayor, the City Council may provide, by ordinance approved by a vote of at least two-thirds of all the councilors, for the establishment of the position of city administrator, with the following powers, duties and responsibilities to be exercised under the direction, control and supervision of the Mayor;

(a)    To supervise and coordinate the work of all departments and agencies under the jurisdiction of the Mayor, except such as may be expressly excluded in the ordinance establishing the position of the city administrator;

(b)    To serve as budget officer of the city;

(c)    To be responsible for the development and administration of a sound personnel system for the city consistent with the governing provisions of the Civil Service Law; and to establish and maintain a roster of all employees of the city, whether or not in the classified service, in which there shall be set forth, as to each employee, the class, title of the position held, the salary or pay, any change in class, title, pay or status, and other pertinent data;

(d)    Subject to any applicable Civil Service Law or regulation, to prepare and recommend for adoption by the City Council, with the approval of the Mayor first had, a comprehensive pay plan for the appointive officers and employees of the city, which shall be based on the duties, authority and responsibility of the various positions; and to recommend changes in and revisions to such plan from time to time as he may deem necessary or desirable;

(e)    To conduct a continuous study of the work and the internal organization and procedures of all offices, departments, and agencies under the jurisdiction of the Mayor, and to develop and prescribe accepted administrative procedures, and establish management and work standards therefor;

(f)     To analyze and report to the Mayor concerning impending policy decisions affecting the management of the city and its agencies;

(g)    To convene the heads of departments and agencies under the jurisdiction of the Mayor, singly or collectively, for the purpose of conference, discussion and report;

(h)    To conduct research and prepare reports which give continuing attention to problems involving the effective and economical organization and administration of the city services; and to prepare annual and such other reports as the Mayor or the City Council may require;

(i)    To require, provided for, and arrange to install and maintain by departments and agencies under the jurisdiction of the Mayor, such management records and statistical techniques related to the collection and analysis of performance data as may from time to time become necessary or desirable;

(j)    To develop and prepare materials on management practices for use in-service training programs and to provide technical assistance and guidance in the conduct of such programs;

(k)    To maintain liaison with civic and community groups on matters of governmental management;

(l)    To attend meetings of the City Council at its request and make available such information as it may require and submit recommendations on such matters as it may specify;

(m)    To attend meetings of any board or committee of which the Mayor is a member, when requested by the Mayor, with the privilege of participating in the discussions and deliberations of such boards or committees as the Mayor's proxy; and

(n)    To perform all other duties required of him by ordinance or assigned to him in writing by the Mayor.

The City Administrator shall be appointed by the City Mayor and shall receive the salary provided for in the ordinance creating said office. Such position shall be within the unclassified civil service but may be filled by appointment by the Mayor in the manner in which classified civil service positions are filled, and, if so filled, the appointee shall be entitled to all the benefits of classified employees except that he shall hold office only during the term of office of the appointing Mayor, and until his successor is appointed and qualified, unless sooner separated for or without cause by the Mayor.

Sec. 23. Secretary to the Mayor. — The Mayor shall appoint one secretary who shall charge and custody of all records and documents of the city and of any office or department thereof for which provision is not otherwise made. He shall keep the corporate seal and affix the same with his signature to all ordinances and regulations signed by the Mayor and all other official documents and papers of the government of the city as may be required by custom, in the discretion of the Mayor. He shall attest all executive orders, promulgations, ordinances and resolutions signed by the Mayor and shall perform such other duties as the Mayor may require of him. He shall, on demand, furnish certified copies of all city records and documents in his charge which are not of confidential character and collect and receive such fees as may be prescribed by resolution of the City Council, and pay over such fees collected by him to the City Treasurer. He shall perform also such duties as are required of the heads of the departments of the city government and for the purposes of this section, the secretary will be considered the head of a department. The Secretary shall receive a salary of seven thousand eight hundred pesos per annum, The positions of secretary shall be regarded as within the unclassified civil service but may be filled in the manner in which classified positions are filled, and, if so filled, the appointee shall be entitled to all the benefits and privileges of classified employees, except that he shall office only during the term of office of the appointing Mayor and until a successor in the office of secretary is appointed and qualified, unless sooner separated for or without cause by the Mayor.

ARTICLE III
The City Council

Sec. 24.    Composition and organization. — The City Council shall be the legislative body of the city and shall consist of nine councilors. The members of the City Council shall, at its organizational meeting on the first day of January and annually thereafter, elect by a majority vote of its entire membership, one from among themselves a chairman who shall act as presiding officer. Any vacancy in the office of chairman of the City Council during the year shall be filled in like manner to hold office for the rest of the year. The chairman of the City Council shall have the right to vote on all matters that may be brought up before the council. He shall sign all ordinances, resolutions and motions directing the payment of money or creating liability, enacted or adopted by the City Council. In case of sickness or absence or any other temporary incapacity of any member of the City Council, or if, for any reason, it becomes necessary to maintain a quorum, the Mayor may make a temporary appointment until the return to duty of the sick or absent member. During the period of such temporary appointment, the person receiving the same shall possess all the rights and perform all the duties of a member of the City Council. The members of the City Council shall each receive a salary of seven thousand two hundred pesos per annum.

Sec. 25.    Qualifications — Elections of councilors. — Each councilor at the time of his election shall not be less than twenty-three years of age, and shall have been a resident and a registered voter in the city for at least two years. The nine candidates receiving the greatest number of votes at any election shall be declared elected and any tie for the ninth place shall be broken by the drawing of lots as provided for in the Revised Election Code. If any person so elected is ineligible to hold office, or if, for any reason, there shall be a failure to elect one or more members, no special election shall be called, but the vacancy or vacancies shall be filled for the term by appointment by the President, alone, upon the recommendation of the majority of the duly elected and qualified members of the City Council. Vacancies in the office of any member which occur after taking office shall be filled for the unexpired term in like manner. Insofar as they are applicable, all provisions in the Election Law are made elective as to the members of the City Council and to their election, to the same extent as if the City of Cebu were a province and the election of said members were the election for members of the provincial board, except where there is a conflict between the provisions of the Election Law and this Charter, in which case, the provisions of this Charter shall prevail. The qualified voters of the City of Cebu shall be entitled to vote in the election of the provincial governor, the provincial vice-governor and the members of the Provincial Board of Cebu, and, for this purpose, the city shall continue to form part of the province.

Sec. 26.    Legislative procedure. — The first meeting of the newly elected City Council shall be held at ten o'clock in the morning of the first day of January following its election, after which the council shall meet regularly at such times and on such days as may be prescribed by resolution but not less frequently then twice each week. The Mayor, at his instance or at the request of any three members of the council, may call special meetings of the council upon at least twelve hours notice to each member. Such notice shall be delivered personally to each member or left at his usual place of residence with some responsible person. All meetings of the council at which any official business is transacted shall be open to the public unless otherwise ordered by an affirmative vote of majority of all the members of the council. The council shall determine its own order of business and rules of procedure not herein set forth, punish the members for disorderly conduct, and, with the concurrence of two-thirds of all the members of the council, may suspend a member for not more than sixty days, and by the same vote but subject to the approval of the President, may expel a member. Five members shall constitute a quorum for the transaction of business but a smaller number may adjourn from day to day and compel the immediate attendance of any member by issuing to the police of the city an order for his arrest and under such penalties as shall have been previously prescribed by ordinance. The affirmative vote of five members shall be necessary for the passage of any ordinance or resolution directing the payment of money or creating liability. Ordinary motions or resolutions may be approved by a majority of those present. Except in cases where the vote is unanimous, the ayes and nays shall be taken and recorded upon the passage of an ordinance, and upon the request of any member, upon any resolution or motion. Except as may be otherwise expressly provided in this Charter, all legislation, including, but not limited to, all acts establishing a fine or other penalty or providing for the expenditure of public funds, or for the contracting of indebtedness or liability, shall be by ordinance.

Each ordinance shall contain a single purpose of enactment which must be expressed in the title of the ordinance and begin with the words: "The Council of the City of Cebu hereby ordains." Each ordinance and each resolution shall be presented in writing and read in full before a vote is taken thereon, provided that the reading of the resolution may be dispensed with by unanimous consent. Except for emergency ordinances, which shall be so certified by the Mayor, and appropriation ordinances, no ordinance shall be passed unless the same is published once in a newspaper of general circulation in the city, to be determined by the City Council and until at least two days have elapsed between its publication and final passage.

Sec. 27.    Procedure as to ordinance following passage — Mayor's veto powers. — Each ordinance adopted by the City Council, after being signed by the secretary and the chairman of the City Council, shall be submitted to the Mayor upon his approval. Within ten days after receipt of the same, Sundays and holidays excepted, the Mayor shall return it to the council 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 again be enacted by the affirmative vote of six members of the City Council and again forwarded to the Mayor for his approval, and if within ten days after its receipt. Sundays and holidays excepted, he does not again return it with his veto, it shall be deemed to be approved. If within said time he again returns it with his veto, it may again be reenacted by the affirmative vote of six members of the City Council, and, in such case, the ordinance is deemed approved.

The Mayor shall have power to veto any particular item or items of an appropriation ordinance or of any ordinance, resolution or motion providing for the expenditure of public funds or for the contracting of indebtedness of liability, but the veto shall not affect the item or items to which he does not object. In such a case, the approved items shall take effect and the disapproved items shall not take effect, unless subsequently passed by the council over the Mayor's veto as hereinabove provided with respect to other vetoed ordinances. Each approved resolution and ordinance shall be sealed with the seal of the City Council, signed by the chairman of the City Council and the secretary and recorded in a book kept for that purpose; except appropriation ordinances and those certified to as urgent by the Mayor, all ordinances shall be published in one newspaper of general circulation in the city within ten days after their approval and shall take effect and be enforced on the tenth day following its publication if no date is fixed in the ordinance.

Sec. 28.    Exceptions to newspaper publication requirement. — Notwithstanding the provisions of the foregoing section, ordinances establishing regulations for the construction of buildings, installation of plumbing installation of electric wiring or any similar construction code which code is required by the provisions of the adopting ordinance to be published in printed form or distribution need not be published in a newspaper either before or after final passage. At least three correct copies of the ordinance, in the form in which it was presented on first reading, shall, however, be made available to public inspection in the office of the secretary of the council and in lieu of publication of the ordinance, there shall be published a notice, describing the ordinance in brief and general terms and stating that the ordinance is available for public inspection in the office of the secretary of the council, together with the time and place when and where it will be considered for final passage; and after final passage, a notice describing the ordinance in brief and general terms and stating that it is available for public inspection in the office of the secretary of the council and will take effect on a date specified.

Sec. 29.    Appropriations by the City Council. — The City Council shall make all appropriations for the expenses of the government of the city. Whenever the City Council fails to pass any appropriation ordinance for any fiscal year before the end of the previous fiscal year, the appropriation ordinance for such previous fiscal year, shall be deemed reenacted, and shall go into effect on the first day of the new fiscal year as the appropriation ordinance for that fiscal year until a new appropriation ordinance is duly enacted.

Sec. 30.    Appointment and duties of Secretary of the City Council. — The City Council shall have a secretary who shall be elected but not from its own membership to serve at the pleasure of the council. The secretary shall be in charge of the records of the City Council and shall keep the record of the proceedings. He shall also keep a separate record in a book or books for that purpose with proper indices of all ordinances and all resolutions and motions adopted by the council with their dates of passage and publication. He shall be custodian of the seal of the council which shall be circular in form with the inscription "City Council — City of Cebu" in the center of which shall be placed the arms of the city. He shall affix said seal with his signature to all ordinances and other official acts of the council and shall present the same for signature to the presiding officer. He shall forward to the Mayor all ordinances, resolutions or motions requiring the latter's approval and shall cause each ordinance to be posted or published as herein provided. He shall, upon request, furnish certified copies of all records of public character in his charge under the seal of the council and collect and receive the fees therefor and pay over to the city treasurer such fees as may be prescribed by law, ordinance or resolution. He shall keep his office and all records therein, which are not of a confidential character, open to public inspection during usual business hours. He shall have such other powers and duties as may be prescribed by ordinance. His compensation as secretary shall be seven thousand eight hundred pesos a year.

Sec. 31.    Legislative powers. — Any provision of law and executive orders to the contrary notwithstanding, the City Council shall have the following legislative powers:

(1)    To provide for the levy and collection of taxes for general and specific purposes, including the power to institute the necessary proceedings for the distraint of personal property or levy on real property sufficient for the satisfaction of delinquencies in the payment of business taxes, license fees, and other imposts due to the city; and apply the same to the payment of city expenses in accordance with appropriations;

(2)    To make all appropriations for the government of the city, and to fix the number of officials and employees of the city and approve their salaries or wages not otherwise provided for in this Charter;

(3)    To fix the tariff of fees and charges for all services rendered by the city or any of its departments, branches or offices;

(4)    To provide for the construction, purchase, or the rental, in case of need, and maintenance of the necessary buildings for the use of the city;

(5)    To provide for the establishment and maintenance, or in aid in the maintenance of primary, intermediate, secondary, trade, agricultural, technical and vocational schools and institutions of higher learning, whether conducted by the National Government or not, and to acquire by purchase, donation, or in any manner whatsoever, real estate necessary thereto and to construct, purchase, lease, any building or buildings to carry out the above purposes;

(6)    To fix reasonable tuition fees, matriculation fees and other fees for instruction in such schools maintained, supported or aided by the city;

(7)    To maintain the city courts established by law which shall have jurisdiction over all criminal and civil cases under the ordinances of the city, and such further jurisdiction as may herein or hereafter be conferred;

(8)    To provide for the establishment and maintenance of a police force, for the maintenance of law and order in the city and prescribe the powers and duties of its members and make all necessary police ordinances; and to establish, construct, maintain and regulate a city jail, or otherwise to arrange for the confinement of city prisoners in the provincial jail;

(9)    To provide for the prohibition and suppression of riots, affrays, disturbances and disorderly assemblies; houses of ill-fame and other disorderly houses; gambling houses, gambling and all fraudulent devices for the purpose of obtaining money or profit; prostitution, vagrancy, intoxication, fighting, quarrelling, and all disorderly conduct; the printing circulation, exhibition or sale of obscene pictures, books or publications, for the maintenance and preservation of peace and good morals;

(10)    To provide for and maintain a fire department and to establish, acquire and maintain engine houses, fire engines, hose carts, hooks and ladders, and other equipment for the prevention and extinguishment of fires and to regulate the management and use of the same;

(11)    To establish fire limits, determine the kinds of buildings or structures that may be erected within said limits, regulate the manner of constructing and repairing the same; and fix the fees for permits for the repair or demolition or buildings and structures in fire zones and elsewhere in the city;

(12)    To regulate the use of lights and electricity in stables, shops and other buildings and places and to regulate and restrict the issuance of permits for the building of bonfires and the use of firecrackers, fireworks, torpedoes, candles, skyrockets and other pyrotechnic displays, and to fix the fees for such permits;

(13)    To make regulations to protect the public from conflagrations and to prevent and mitigate effects of fire, famine, floods, storms, and other calamities, and to provide relief for persons suffering from the same;

(14)    In the public interest, to regulate the cutting of trees whether on public or private lands that are located in watershed areas within the jurisdictional limits of the City of Cebu, and to require that owners of private lands that are deforested in such watershed areas allowed the city authorities to enter upon such private lands to reforest the same and to plant trees to prevent floods and soil erosion, or acquire such lands by expropriations;

(15)    To establish or authorize the establishment of, fix the fees for the use of, slaughterhouses and markets and inspect, regulate the keeping, preparation and sale of meat, fruits, poultry, game, milk, fish, butter, cheese, lard, vegetables, bread and other provisions or articles of food offered for sale; to adopt such measures to prevent the introduction and spread of disease as may, from time to time, be deemed desirable or necessary, and to permit and regulate or prohibit the establishment or operation within city limits of public markets and slaughterhouses by any person, entity, association or corporation other than the city;

(16)    To provide for the enforcement of rules and regulations issued by the Director of Health Services in accordance with law, and by ordinance to impose penalties for violations of such rules and regulations.

(17)    To establish and maintain municipal pounds and fix the fees for poundage; to regulate, restrain, and prohibit and running at large of domestic animals and to provide for the distraining, impounding and sale of the same for the penalty incurred; and the cost of proceedings and to impose penalties upon the owners of said animals for the violation of any ordinance in relation thereto;

(18)    To tax, regulate and fix the license fees for the following: hawkers, peddlers, hucksters, auctioneers, plumbers, barbers, blacksmiths, goldsmiths, silversmiths, embalmers, manicurists, hairdressers, massagists, tattooers, jugglers, painters, artists, acrobats, wrestlers, boxers, professional judo players, fortune tellers, magicians, boxing or wrestling referees and promoters, pelotaris, jockeys, promoters of sporting and athletic events and amusement exhibitions, money changers, commercial and other brokers or agents, lawyers, medical practitioners, land surveyors, architects, public accountants, civil, electrical, chemical, mechanical, mining, marine, or refrigeration engineers, radio engineers and technicians, psychiatrists, veterinarians, dentists and dental surgeons, opticians and optometrists, insurance agents and sub-agents, business agents and business consultants, exporters, importers, investors, professional appraisers or connoisseurs of tabacco or other domestic or foreign products, music teachers, piano tuners, nurses, midwives, electrical contractors, building contractors, dealers in gravel and sand, advertising agents and solicitors, physical culture instructors, chiropodists, real-estate dealers and brokers, persons engaged in the transportation of passengers or freight for hire; milliners, interior decorators, printers and bookbinders, sweepstakes and lottery agents, bakers, photographers, dormitory, boardinghouse, lodging house and hotel operators, beauticians, mechanics, watch repairers, electricians, waiters and waitresses, dancing instructors, bartenders, bodyguards and security guards, nightclub operators and managers, public stenographers and typists: Provided, That persons exercising their professions or occupation only as salaried employees and not as independent practitioners may be exempt from the municipal occupation tax herein prescribed; and to tax, regulate and fix the license fees on manufacturers and dealers of; batteries for motor vehicles, jewelries, embroideries, sails or awnings or both, rope, paper, leather goods, including shoes, slippers, sandals, harnesses, valises or bags, mosquito nets, laces, veils, curtains, sporting goods, rubber goods, plastic and celluloid products, hardware, including glassware, cooking utensils, electrical goods and construction materials, chemical products including drugs, perfumes, toilet articles, paints, dyes and inks, textiles, shell lamps or lamp-shades or both, statuettes or tombstones or both, sacks, musical instruments, furniture of all kinds including rattan goods, wire brass beds, or both, clothing, hats, eye-glasses or optical goods or both, fertilizers and buttons, poultry feed; manufacturers and dealers in coffee chocolate, candies, sweets, and other similar products, ice-cream, ice-drops and milk: Provided, however, That manufacturers abovementioned shall not be subject to the payment of any municipal tax or license fee as retail dealers of their own products, and any manufacturing conducted solely by the immediate members of a family at their own home shall not be subject to any tax or license fee;

(19)    To tax, regulate and fix the license fees on collecting agencies, mercantile agencies, shipping firms and shipping agencies, intelligence offices, private detective and police agencies, security guard and watchman agencies, shooting galleries, hotels, dormitories, lodging houses, boarding houses, restaurants, cafes, sari-sari stores, refreshment parlors and places, tailor shops, flower shops, groceries, bakeries, cleaning and dyeing establishments, laundries, beauty parlors, physical or beauty culture and fashion schools, the letting and subletting of lands and buildings, whether used for commercial, industrial or residential purposes, clubs, pawnshops, theaters, cinematographs, theatrical performances and similar places of amusement and entertainment, circuses, merry-go-rounds and similar riding devices, slot machines, massage clinics; and to tax, fix the license on, regulate and fix the location of boarding stables, livery garages or stables, public pool tables, public billiard tables, race tracks, horse racing clubs and tracks, dog racing tracks, boxing stadiums, funeral parlors, printing presses, repair shops for automobiles, trucks and other motor vehicles, pianos, auto-pianos, radios, phonographs, typewriters, refrigerators, electric and gas ranges, electric washing machines, calculators, adding machines, air-conditioning units, kitchen stoves, mimeographing machines and similar apparatuses, tire-repair and vulcanizing shops, welding shops for the charging and re-charging of batteries, bottling plants, distilleries, brewers, rectifiers, tanneries, renderies, tallow chandleries, bone factories, toothpaste laboratories and factories, soap factories, sawmills, lumber yards, shipyards, shipbuilding establishments, boatyards, factories for the making or manufacture of firecrackers, fireworks, torpedoes, skyrockets, and similar products, and other establishments likely to endanger the public safety or give rise to conflagrations or explosions;

(20)    To tax, regulate, fix the amount of license fees for the storage and sale of gunpowder, tar, pitch, resin, coal, oil, benzine, turpentine, hemp, alcohol, gasoline, copra and copra products, lumber, logs, cotton, nitroglycerine, petroleum or any of the products thereof, asphalt, rubber, and all other highly combustible or explosive materials;t

(21)    To tax, regulate, and fix the amount of license fees for keeping, preparation, and the sale of meat, poultry, fish, game, other sea products, butter, cheese, margarine, lard, vegetables, fruits, bread, and other provisions;

(22)    To tax, regulate, and fix the license fees on dealers in general merchandise, motor vehicles, tractors and/or their accessories, and other kinds of machines; corn mills and grinders, rice mills, copra dealers including coconut oil, tobacco dealers, dealers in hogs and large cattle, junk dealers, "surplus goods" dealers, dealers in second-hand materials and merchandise, scrap iron, arms and ammunitions, electrical goods, hardware, paints, construction materials, office equipment and supplies, machinery of all kinds, sporting goods, automobile and trucks parts, except those dealers who may expressly be subject to the payment of like or similar municipal tax under the provisions of this section;

Dealers in general merchandise shall be classified as (a) wholesale dealers and (b) retail dealers. For purposes of the tax on retail dealers, general merchandise shall be classified into four main classes, namely: (1) luxury goods, (2) semi-luxury goods, (3) essential commodities, and (4) miscellaneous articles. A separate license shall be prescribed for each class but where commodities of different classes are sold in the same establishment, it shall not be compulsory for the owner to secure more than one license if he pays the higher or highest rate of tax prescribed by ordinance. Wholesale dealers shall pay the license tax as such, as may be provided by ordinance.

For purposes of this section, the term "general merchandise" shall include poultry and livestock, agricultural products, fish, and other allied products;

(23)    To tax, license, permit, and regulate wagers or betting by public on boxing, sipa, bingo, bowling, billiards, horse or dog races, bicycle races, cockpits, Jai-Alai, roller or ice-skating, or any sporting or athletic contest as well as grant exclusive rights to establishments for this purpose, and to tax, license, prohibit or regulate and fix the location of the establishment and operation of nightclubs, dance halls, cabarets, bars, dancing schools, pavilions, saloons, billiard and pool halls, bowling alleys, circuses and other places of amusement. Any and all laws, executive orders existing at the time this revised Charter shall take effect relating to any matter covered by this section shall inoperative within the city insofar as they are inconsistent or in conflict with any city ordinances authorized hereby and adopted hereunder for the regulations of any such matters;

(24)    To tax, fix the license fees of, and regulate or prohibit the sale, dealing or trading in, the disposal of intoxicating and alcoholic liquors, malt beverages, beer, wine and mixed and fermented liquors, whether imported or locally manufactured, including tuba, basi, tapoy, and other native wines offered for sale, and to tax motor and other vehicles and draft animals operating within the city: Provided, That all automobiles and trucks belonging to the Philippine Government shall be exempt from such tax;

(25)    To tax, license, regulate, and fix the location of any other business, trade, profession or occupation not specifically mentioned in the preceding paragraphs, being conducted or which may be conducted within the city; and to impose a license fee upon all persons engaged in the same and who enjoy privileges in the city; and to impose a tax, including percentage taxes based on the gross sales and receipts, on the sale and storage of all products and commodities being sold, bartered, transferred, exchanged or disposed in any other manner, within the city, and to impose a tax on all products and commodities manufactured or produced in the city; and to levy for public purposes just and uniform taxes, licenses or fees, except that the city may not levy or impose any of the following (a) income taxes; (b) taxes on estates, inheritances, gifts, legacies, and other acquisitions mortis causa; (c) customs duties and customs dues; (d) documentary stamp taxes; and (e) taxes on the business of persons engaged in the printing and publication of any newspaper, magazine, review, or bulletin appearing at regular intervals and having fixed prices for subscription and sale which is not published primarily for the purpose of publishing advertisements;

(26)    To prohibit or regulate and fix the license fees for the keeping of dogs and to authorize their impounding and destruction when running at large contrary to ordinances, and to tax and regulate the keeping and training of fighting cocks;

(27)    To prohibit and provide for the prevention of cruelty to animals;

(28)    To regulate the inspection, weighing and measuring of brick, lumber, coal and other materials of merchandise;

(29)    Subject to the provisions or ordinances issued by the Department of Health in accordance with law, to provide for the establishment and maintenance and fix the fees for the use of, and regulate public stables, laundries and baths;

(30)    To provide for the establishment and maintenance and regulate the use of public drains, sewers, latrines, and cesspools; to regulate the construction and use of private sewers, drains, cesspools, waterclosets and privies; to provide for the establishment and maintenance of waterworks, for the purpose of supplying water to the inhabitants of the city, and for the purification of the source of water supply and places through which the same passes, and to regulate the consumption and use of the water; to fix and provide for the collection of rents therefor, and to regulate the construction, repair, and use of hydrants, pumps, cisterns and reservoirs. Any and all waterworks systems, including the Osmeña Waterworks System, provided for or undertaken by the city government shall exclusively belong to it, such that the city shall have the exclusive control, direction and supervision over the same, and all laws and executive orders and circulars issued by the Office of the President making reference to the ownership, possession, control and operation of waterworks and sewers shall not be applicable to the City of Cebu;

(31)    To let the privilege of establishing and maintaining public utilities such as telephone systems; gas, public lighting systems, vehicles, etc., to private parties by licenses granted upon such terms as shall be fixed by the City Council;