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REPUBLIC ACT NO. 4660 - AN ACT
CREATING THE CITY OF TAGBILARAN
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PRELIMINARY ARTICLE
SECTION 1. Title of Act. — This Act shall be known as the Charter of the City of Tagbilaran. ARTICLE I
General Provisions SECTION 2. Corporate character of the City. — The City of Tagbilaran constitutes a political body corporate and is endowed with the attributable 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. SECTION 3. Territory of the City of Tagbilaran. — The City of Tagbilaran, which is hereby created, shall comprise the present territorial jurisdiction of the Municipality of Tagbilaran in the Province of Bohol or as hereafter changed in accordance with law. SECTION 4. Seal and general powers of the City. — The City shall have a common seal, which it may alter at will. It may take, purchase, receive, hold, lease, convey, and dispose of real and personal property within or without its corporate limits for the general interests of the city, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend, to final judgment and execution, all actions where its interests are involved, and exercise all the powers herein conferred, together with all the powers implied thereby or appropriate to the exercise thereof. The provisions of this Charter shall be liberally construed 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 of 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. SECTION 5. Liability for damages. — The City shall not be liable or held for damages or injuries to persons or property arising from the failure of the City Board, the Mayor or any other city officer or employee, jointly or individually, to enforce the provisions of this Charter or any other law or ordinance, or from the negligence of said City Board, Mayor or other city officers or employees while enforcing or attempting to enforce said provisions. SECTION 6. Jurisdiction of the city for police purposes. — The jurisdiction of the City of Tagbilaran for police purposes shall be co-extensive with its territorial jurisdiction, and shall extend to three miles from the shore of the city; but for the purpose of protecting and insuring the purity of the water supply of the city, police jurisdiction shall also extend over all territory within the drainage area of such water supply or within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city service. The City Court shall have concurrent jurisdiction with the municipal courts of the municipalities, to try crimes and misdemeanors committed within said drainage, or within said spaces of one hundred meters. The court first taking jurisdiction of such an offense shall thereafter retain exclusive jurisdiction thereof. SECTION 7. Districts; Administrative Councilor Districts. — The barrios and districts in the Municipality of Tagbilaran organized and functioning as barrios in accordance with Republic Act Numbered Thirty-five hundred ninety and comprising the Municipality of Tagbilaran shall, upon the effective date of this Charter, be called districts as political subdivisions of the City of Tagbilaran and continue to retain their corporate power and corresponding names or numerical designations as such until changed or abolished by law or ordinance. The City Board by ordinance and for administrative and other municipal purposes shall establish eight Councilor Districts each of which shall be under the charge of a councilor whose territory shall be contiguous, and may compose of one or more whole districts. SECTION 8. Duties, responsibilities and powers over district governments. — The city government, or its departments, agencies, or other officers thereof, as the case may be, shall exercise the duties and assume the responsibilities and powers over the district governments within the jurisdiction of the city as are by law conferred upon municipal and provincial governments, their departments, their agencies or their officers as the case may be, over barrio governments; including the creation of new ones. SECTION 9. Elective officers; elections. — The elective officers of the city shall be the Mayor, the Vice-Mayor, and eight 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, unless sooner removed for cause as provided for by law. SECTION 10. 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, at least twenty-five years old and must have resided in the city for at least five years prior to his election 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 the National Government or any province or municipality. SECTION 11. 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 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 shall be entitled to the payment of any salary which he failed to receive during his suspension. SECTION 12. 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, 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 in the city. Any person convicted of any offense mentioned in this section, in addition to any other penalties imposed by law, shall forfeit his city office or employment. SECTION 13. Prohibited transactions. — It shall be unlawful for any city officer or employee or any person related to any city officer or employee within the fourth civil degree, 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 attorney, 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 on 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. SECTION 14. Full-time duty. — Each appointive city officer and employee shall devote his time and attention exclusively during the prescribed office hours to the duties of his office or offices unless otherwise provided for in this Charter. 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. SECTION 15. 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 Board or the Mayor or any person or committee authorized by either of them, shall have power to inquire into 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 purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. SECTION 16. Official bonds. — The City Treasurer and all his deputies, and such other city officers or employees as the City Board may 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 therein shall be paid by the city. SECTION 17. Limitations on contract for personal services. — No contract for personal services to be furnished the city shall extend beyond the term of the Mayor in office from the time the contract is approved; nor shall any such contract be valid unless made or approved by ordinance. SECTION 18. Tax limitation. — The City Board 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 Board, 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, thereon; (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. SECTION 19. 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 whatsoever, 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 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, and the City Secretary SECTION 20. Nature of office. — 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. The City Board may, in its discretion, provide quarters for the Mayor or commute the privilege of using the same in addition to his salary provided that quarter allowance when commuted shall not exceed eighteen hundred pesos per annum. He shall be entitled to other non-commutable allowances not to exceed twenty-four hundred pesos per annum. SECTION 21. General powers and duties of the Mayor. — The Mayor shall have the following general powers and duties: (a) To take care that the laws of the Philippines, the provisions of this Charter, and the ordinances and resolutions of the city are faithfully observed and enforced within the jurisdiction of the city; (b) To safeguard all the lands, buildings, records, monies, credits and properties and rights of the city, and subject to the provisions of this charter, have control of all its property. (c) To see that all taxes and other revenues of the city are collected and applied in accordance with appropriations to the payments of the city expenses; (d) To cause to be instituted judicial proceedings to recover property and funds of the city wherever found; to cause to be defended all suits against the city and otherwise to protect the interest of the city; (e) To see that the executive officers and employees of the city are properly discharging their respective duties, and the Mayor may, in the interest of 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, over whom he has executive supervision and control, at least once a year and whenever circumstances so warrant. For this purpose he shall be provided by the City Board with such clerical or other assistance as may be necessary; (g) To give such information and recommend such measures to the Board as he shall deem advantageous to the city; (h) To attend, if he wishes to do so, the session of the City Board and participate in the discussion, 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 law or ordinance; (j) To submit to the City Board at least one month before the beginning of each fiscal year a budget of receipts and expenditures of the city; (k) To receive, hear, and decide as he may deem proper the protests, petitions, complaints, and claims concerning all classes of municipal matters of an administrative and executive character; (l) To grant or refuse city licenses 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 ordinance are being committed under the protection of such license or in the premises in which the business for which the same have been granted is carried on, or for any other good reason of general and public interest; (m) To take such emergency measures as may be necessary to avoid fires, floods, and the effects of storm and other public calamities; (n) 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; (o) 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 Board, 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 Board, 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; (p) 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 Board, in accordance with existing laws to that effect; (q) To submit an annual report to the Office of the Executive Secretary; and (r) To perform such other duties and exercise such other executive powers as may be prescribed by law or ordinances. SECTION 22. The Vice-Mayor. — The Vice-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. 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 or absence. The Vice-Mayor shall ipso facto be the Chairman of the City Board. If the Vice-Mayor is temporarily incapacitated for the performance of his official duties, the councilor who received the highest number of votes in the last elections shall serve as Acting Vice-Mayor. In the event of the inability of the elected Mayor to assume office, and the Vice-Mayor is, for any reason, temporarily incapacitated for the performance of the duties of the Mayor, or the office of the Vice-Mayor is vacant, the councilor who received the highest number of votes in the last elections shall serve as Acting Mayor and while so serving shall not perform any duty as a member of the Board but shall continue to hold the office of Councilor. In such event, the remaining members of the Board shall elect from among themselves the presiding officer. For service as Acting Mayor or Acting Vice-Mayor, the Vice-Mayor or Councilor shall receive a total compensation equivalent to the salary and other emoluments of the Mayor or Vice-Mayor, as the case may be, during such period. 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 such office only until the Mayor-elect qualifies. Should the Vice-Mayor-elect die before assumption of office or fail to qualify for any reason, then the councilor obtaining the largest number of votes in the local election immediately preceding shall assume the office of Vice-Mayor but in the latter case, he shall hold office only until the Vice-Mayor-elect qualifies. The Vice-Mayor shall perform such other duties as may be assigned to him by the Mayor or prescribed by law or ordinance. He may be provided by the City Board with quarters, commutable and non-commutable allowances similar to those of the Mayor but the amount of the latter not to exceed eighty per centum of that of the Mayor. SECTION 23. Secretary to the Mayor or the City Secretary. — The Mayor, any provision of law to the contrary notwithstanding, shall appoint one secretary who shall have 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; 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; 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; shall, on demand, furnish certified copies of all city records and documents in his charge which are not of a confidential character and collect and receive such fees as may be prescribed by resolution of the City Board, 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 shall be considered the head of a department. The position 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 hold 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 Board SECTION 24. Constitution and organization of the City Board; filling of vacancies. — The City Board shall be composed of the Vice-Mayor, who shall be its presiding officer or chairman and the eight elected councilors. The presiding officer of the Board shall have the right to vote only in case of a tie. He shall sign all ordinances, resolutions and motions directing the payment of money or creating liability enacted or adopted by the City Board. Should any member of the City Board be a candidate for office in any election, he shall be disqualified to act with the Board in the discharge of the duties conferred upon it relative to election matters, and in such case the other members of the Board shall discharge said duties without his assistance or they may choose a disinterested elector of the city to act with the Board in such matters in his stead. Should a member-elect die before assumption of office or such member-elect failed to qualify for any reason, the President may, at his discretion, either call a special election or fill the office by appointment. Permanent vacancies occurring after assumption of office shall be filled by appointment by the President of a suitable person belonging to the political party of the officer whom he is to replace. SECTION 25. Appointment and duties of the Secretary of the Board. — The Board shall have a secretary who shall be appointed by the Mayor with the consent of the City Board and who shall serve at the pleasure of the appointing power. The Secretary shall be in charge of the records of the City Board. He shall keep the full record of the proceedings of the Board, and file all documents relating thereto; shall record, in a book kept for that purpose, all ordinances, and all resolutions directing the payment of money or creating liability, enacted or adopted by the Board, with dates of passages of the same and of the publication of ordinances; shall keep a seal, circular in form, with the inscription "City Board — City of Tagbilaran", in the center of which shall be the coat of arms of the city, and 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 presiding officer of the Board. He shall forward to the Mayor all ordinances, resolutions or motions requiring the latter's approval and shall cause each ordinance to be published or posted as herein provided. He shall, upon request, furnish copies of all records of public character in his charge under the seal of his office and charge fees for the certification thereto as the City Board may prescribe by ordinance and the fees to be paid directly to the city treasurer. 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 and perform such other duties and powers as the Board may direct. The position of Secretary to the Board shall be regarded as within the unclassified 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 privileges and benefits of classified employees, except that he shall hold office only during the term of office of the appointing Mayor and until a successor in the office of secretary to the Board is appointed and qualified unless sooner separated for or without cause by the Mayor or by at least two-thirds majority vote of all the members of the City Board. SECTION 26. Legislative procedure and publication of ordinances. — The first meeting of the newly elected City Board shall be held at nine o'clock in the morning of the first business day of January following its election, after which the Board shall meet regularly in session at such times and on such days as may be prescribed by resolution but not less frequently than once for three days every first and third week of every month, and such extraordinary session as may be called at the instance of the Mayor or at the request of any three members of the Board and upon at least twelve hours notice to each member. It shall keep a record of its proceedings and determine its own order of business and rules of procedure not herein set forth. It shall have the power to punish any member for disorderly conduct with the concurrence of at least two-thirds vote of all its members; may suspend for not more than sixty days any member and by the same vote, but subject to the approval of the President, may expel a member. Five members of the Board shall constitute a quorum for the transaction of business but a smaller number may adjourn from day to day and the Vice-Mayor may compel the immediate attendance of any member absent without good cause by issuing to the police of the city an order for his arrest and production at the session under such penalties as shall have been previously prescribed by ordinance. Five affirmative votes shall be necessary for the passage of any ordinance, or of any resolution directing the payment of money or creating liability. All other acts of the City Board, unless provided for in its rules shall prevail upon the majority vote of the members present at any meeting duly called and held. Except in cases where the vote is unanimous, the ayes and nays shall be taken and recorded upon the passage of any ordinance and upon the request of any member, upon any other resolution or motion. Except as may be otherwise expressly provided in this Charter, all legislations 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 Board of the City of Tagbilaran 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 ordinance, no ordinance shall be passed unless the same is published once in a manner determined by the City Board and until at least two days have elapsed between its last publication and final passage. SECTION 27. Procedures as to ordinance following passage; mayor's veto. — Each ordinance and each resolution approved or adopted by the Board after having been signed by the Secretary and Chairman of the City Board shall be forwarded to the Mayor for his approval. Within ten days after the receipt of the same, non-working days excepted, the Mayor shall return it to the Board 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 reason therefor in writing shall accompany it. It may then be again enacted by the affirmative votes of six members of the City Board, and again forwarded to the Mayor for his approval and if within ten days after its receipt, non-working days excepted, he does not 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 Board and in such a case the ordinance is deemed approved. The Mayor shall have the power to veto any particular item or items of an appropriation ordinance, or of an ordinance or resolution directing payment of money or creating 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 approved by the City Board in the manner heretofore provided in this section with respect to vetoed ordinances and resolutions. Should an item or items in an appropriation ordinance be disapproved by the Mayor, the corresponding item or items in an appropriation ordinance of the previous year shall be deemed restored unless otherwise expressly directed in the veto. Each approved resolution and ordinance shall be sealed with the seal of the City Board signed by the Chairman of the City Board and the Secretary and recorded in the book kept for the purpose. Except appropriation ordinance and those certified to as urgent by the Mayor, all ordinances shall be published within five days after their approval and shall take effect and be in force on the fifteenth day following its publication if no date is fixed in the ordinance. SECTION 28. Legislative powers. — Any provision of law and executive order to the contrary notwithstanding, the City Board shall have the following powers: (a) To make all appropriations for the expenses of the government, and for purposes not specified by law, having in mind the general welfare of the city and its inhabitants. To establish and fix the number of officials and employees of the city and fix the salaries of the city officials and employees whose salaries are not otherwise provided specifically in this Charter, provided that the rates thereof shall not exceed those fixed in the schedule of salaries established by existing law. Increases of salaries of employees shall be made upon prior recommendation by the corresponding department head. (b) To impose municipal license taxes or fees upon persons engaged in any occupation or business or exercising privilege within the territorial jurisdiction of the city by requiring them to secure licenses at rates fixed by the City Board; to collect fees and charge for services rendered by the city or otherwise to levy for public purposes just and uniform taxes, licenses or fees: provided, however, that the City of Tagbilaran may not impose or levy any of the following: 1. Residence tax; 2. Documentary stamp tax; 3. Taxes on business of persons engaged in printing and publication of any newspaper, magazine, review or bulletin appearing at regular intervals and having fixed prices for subscription and sale, and which is not published primarily for the purpose of publishing advertisements; 4. Taxes on persons operating water works, irrigation and other public utilities except electric light, heat and power, motorized tricycles, and public conveyances propelled by muscular power; 5. Taxes on forest products and forest concessions; 6. Taxes on estates, inheritances, gifts, legacies, and other acquisitions mortis causa; 7. Taxes on income of any kind whatsoever; 8. Taxes or fees for the registration of motor vehicles and for issuance of all kinds of licenses or permits for the driving thereof; 9. Customs duties registration, wharfage on wharves owned by the national government, tonnage on bottoms and all other kinds of customs fees, charges and dues; 10. Taxes of any kind on banks, insurance companies, and persons paying franchise tax; and 11. Taxes on premiums paid by owners of property who obtain insurance directly with foreign insurance companies. (c) To make ordinances and regulations for the conducting of business and the places and premises whereon conducted or to be conducted by the persons subject to taxes, license fees, permit fees and other city impost as provided in subsection (b) hereinabove. (d) To fix by ordinance, the schedule of maximum rates of fares and charges to be charged by public conveyances operating in the city such as motorized tricycles and rigs, pedicabs and other vehicles propelled by muscular power, the business and operation of which, by this Charter or other laws in relation thereto, the City of Tagbilaran has the power to tax and regulate. (e) To regulate the business and fix the location of blacksmith shops, foundries, steam boilers, steam engines, lumber yards, sawmills and other establishment likely to endanger the public safety by giving rise to conflagrations or explosions; to regulate the storage and sale of gunpowder, tar, pitch, resin, coal, oil, gasoline, benzine, turpentine, hemp, cotton, nitroglycerine, petroleum, or any of the products thereof and of all other highly combustible or explosive materials. (f) To regulate the use of streets and public places by vehicles; to regulate garages and stables and the keeping of carriages, carts, and other conveyances for hire; and to designate stands to be occupied by public vehicles when not in use. (g) To provide for the construction and maintenance of, and regulate the navigation in canals and water courses within the city and provide for the clearing and purification of the same; unless otherwise provided by law, to provide for the construction and maintenance of, and regulate the use of public landing places, wharves, piers, docks and levees, and of those of private ownership. (h) Subject to the provisions of the Public Service Act, to fix the charges to be paid by all water and aircraft landing at or using public wharves, docks, levees, landing places owned, operated, managed or controlled by the city. (i) To provide for the erection, purchase or rental and maintenance of buildings necessary for the use of the city. (j) To establish fire limits and regulate the kinds of buildings and structures that may be erected within said limits and the manner of constructing and repairing the same and fix the fees for the permit for the repair or demolition of buildings and structures in fire zones and elsewhere in the city. (k) To erect engine houses, and provide fire engines, hose carts, hooks and ladders, and other equipment for the prevention and extinguishment of fires, and to provide for the management and use of the same. (l) To regulate or restrict the use of lights and electricity in stables, shops and other buildings and places, and to regulate or restrict the building of bonfires and the use of firecrackers, fireworks, torpedoes, candles, skyrockets and pyrotechnic displays and to fix the fees for such permits. (m) To make suitable provisions to insure the public safety from conflagration and mitigate the effects of storm and other public calamities, and to provide relief for persons suffering from the same. (n) To provide for the lighting, cleaning and sprinkling of streets and public places, to prevent and remove encroachments and obstructions upon the same; to regulate or prevent the use of the same for processions, signs, signposts, awnings and awning posts; to prohibit the placing, depositing, leaving or throwing of all garbage, refuse, or other offensive matter in the same, and to provide for its collection and disposition; to regulate the opening therein for the laying of gas, water sewers, and drains, and all structures thereunder, the erecting of poles and stringing of wires therein; to provide for and regulate crosswalks, curbs, and gutters therein; to name and change the names of all streets and public places and provide for and regulate the numbering of houses and lots fronting thereon; to regulate traffic and sale upon the same; to abate nuisances in the same and punish the authors or owners thereof; to construct, maintain and regulate the use of bridges, viaducts and culverts; to prevent and regulate amusements having tendency to annoy persons using the streets or public places, or to frighten horses and other animals; to regulate the speed of horses and other animals, vehicles, and locomotives within the limits of the city. (o) To require property owners by ordinance to construct or repair, at their expense, sidewalks along the street or streets adjacent to their lots in accordance with the specifications of the city engineer as to quality, width, and grade, and subject to his supervision and approval, providing that, in case of failure or inability of the property owners to comply with the requirement within a specified period of time after demand, the city engineer shall cause the work to be done and the cost thereof collected as a special assessment from such owners, who may choose to pay the same in full, or in ten equal yearly installments which shall be due and payable to the City of Tagbilaran in the same manner as the annual tax levied on real estate, and shall be made subject to the same penalties for delinquency, and enforceable by the same remedies, as such annual tax; and all said sums and amounts, shall, from the day in which they were assessed constitute liens on the property against which the same were assessed and shall take precedence over any and all other liens which exist upon such property excepting only such as may have been attached as a result of the non-payment of said annual tax. (p) Notwithstanding the provisions of any existing law to the contrary, the City Board shall have the exclusive power to provide for the inspection, placing, stringing, attaching, installing, repair and construction of all gas, electric telegraph and telephone wires, conduits, meters and other apparatus or electrical appliances and the condemnation and correction or removal of the same when dangerous and defective. (q) For the purpose of supplying water to the inhabitants of the city, to purify the sources of supply and the places through which the same passes, to own, and control the use of water and to fix and collect rents therefor; to regulate the construction, repairs, and use of hydrants, pumps, cisterns, and reservoirs, and to prevent the waste of water and for the purpose of protecting and insuring the purity and quality of the water supply of the city, to extend its ordinance over all territories within the drainage area of such water supply and within one hundred meters of any reservoir, conduits, canal, aqueduct, pumping station or water shed used in connection with the city water service. (r) To establish and maintain a city pound and fix the fees for poundage; to regulate, restrain, or prohibit the running at large of domestic animals and dogs, and provide for distraining, impounding, and killing or sale of the same for the penalty incurred, and the cost of the proceedings; also impose penalties upon the owners of said animals for the violation of any ordinance in relation thereof; but carabaos, horses, mules, asses, and all members of the bovine family shall be disposed of in accordance with the general law. (s) To regulate the keeping and use of animals insofar as the same affects the public health and the health of domestic animals. (t) To require any land or building which is in an insanitary condition to be cleaned at the expense of the owner or tenants, and upon failure to comply with such an order, have the work undertaken by the city government and assess the expenses upon the land or buildings against the owner thereof. (u) To provide for or regulate, and to fill up or require to be filled up to a grade necessary for proper sanitation, any and all land premises which may be declared and duly reported by the City Department of Health as being insanitary by reason of being below such grade or which in the opinion of the Board the public health and welfare may require. (v) To construct and keep in repair public drains, sewers, and cesspools, and regulate the construction and use of private water closets, privies, sewers, drains and cesspools. (w) To prohibit the burial of the dead within the center of population of the city and provide for their burial in such proper place and in such manner as the Board may determine, subject to the provisions of the general law regulating burial grounds and cemeteries and governing funerals and disposal of the dead. (x) To establish or authorize the establishment of, fix the fees for, the use of slaughterhouses and markets, and inspect and regulate the keeping, preparations, and sale of meat, fruits, poultry, milk, fish, vegetable, and other provisions or articles of food offered for sale. (y) To enforce the regulations of the Department of Health, and by ordinance to provide fines and penalties for violation of such regulation; to adopt such other measures to prevent the introduction and spread of diseases as may, from time to time, be deemed desirable or necessary. (z) To declare, prevent, and abate nuisances. (aa) To provide for the recording of births, marriages and deaths. (bb) To establish, maintain, and regulate a police force and prescribe the powers and duties of its members. (cc) To establish, maintain, and regulate a city prison. (dd) To prohibit and provide for the punishment of cruelty to animals. (ee) To suppress gambling houses, houses of ill-fame and other disorderly houses; and to prohibit the printing, sale or exhibition of immoral pictures, books, or publications of any description. (ff) To prevent and suppress riots, affrays, disturbances, and disorderly assemblies; to punish and prevent intoxication, fighting, quarrelling, and all disorderly conduct, and to make and enforce all necessary police ordinances, with the view to the confinement and reformation of vagrants, disorderly persons, mendicants and prostitutes, and persons convicted of violating any city ordinance. (gg) To establish, regulate and maintain city departments, prescribe the powers and duties thereof and readjust the same. (hh) To construct, erect, and establish a public light, heat, communication and power supply and installation system, and to that end to purchase, expropriate, or otherwise acquire all lands which may be necessary; and to build, erect, and construct any and all buildings, stations and other structures, and to purchase any or all such machinery, poles, wires, wagons, trucks, or other vehicles, supplies and equipment as may now or hereafter be necessary to the successful operation of such system, as may be provided by law. (ii) To maintain and operate any electric light, heat or power supply, communication, and installation system, and, whenever acquired, to keep the same, repair, to alter, increase, extend, improve, enlarge or modify the same or any part thereof; to replace worn or useless parts, machinery, poles, wagons, vehicles, trucks, wires, and other equipment; and to operate, control, and manage the same. (jj) For any and all the purposes contemplated in the last two preceding subsections, to enter, if necessary into contracts for partial or deferred payment; to appoint and employ such officers, clerks, laborers as may be necessary; and appropriate funds of the city for all the purposes aforesaid. (kk) To enter into contracts with, and supply electric light, heat, current, and other services to residents, merchants, businessmen, and manufacturers in and about the city at rate and for prices not less than sufficient properly to maintain and operate any such plant or system and to pay for depreciations of the same and for all extensions, improvements, enlargements, alterations, or change thereof and therein. (ll) To enter into a contract of lease, and to rent or lease any electric light, heat or power supply or installation system whether erected, constructed, and established by the City Board, or acquired by it through purchase, grant, or conveyance in any other manner, to any person or persons, or to any corporation for proper and sufficient consideration and subject to the right of supervision and control by the City Board over the operation of such system and over the amount of heat, light, power and current delivered, the character of other services rendered and of the rates and amounts charged thereof. (mm) To fix the penalties for violation of ordinances, but no single penalty shall exceed a fine of two hundred pesos or imprisonment for six months, or both, but imprisonment shall be imposed in lieu of unpaid fines at the rate of one day's imprisonment for each two pesos and fifty centavos of fine. Persons undergoing imprisonment for violation of ordinance may be required to labor for the period of imprisonment upon works of the city in such manner as may be directed by the City Board. Whenever a person is imprisoned for non-payment of a fine, he shall be released upon payment of such fine less two pesos and fifty centavos per day for each day that he has been confined. Pending appeal, the defendant shall remain in custody unless released upon sufficient bail in accordance with the general provisions of law, to await judgment of the appellate court. In case of violation of ordinance about building construction and repair, the City Board, in addition to the penalties authorized in the preceding paragraph, may further impose the penalty of removal or demolition of the building or structure by the owner or by the city at the expense of the owner. (nn) To authorize the free distribution of medicines to the employees and laborers whose salary or wage does not exceed sixty pesos per month or two pesos and fifty centavos per day and of fresh native milk to indigent mothers residing in the city, the distribution to be made under the direct supervision and control of the Mayor. (oo) To fix the tariff of fees and charges for all services rendered by the city or any of its departments, branches or offices. (pp) To tax, license and regulate boxing, bowling, billiard, pools, horse races, cockpits, roller or ice-skating or any sporting or athletic contest, as well as grant exclusive rights to establishments for this purpose, notwithstanding any existing law to the contrary. (qq) To establish and regulate the size, speed, and operation of motor and other public vehicles within the city; to establish bus stops and terminals; and prohibit and regulate the entrance of provincial public utility vehicles into the city except those passing through the City. (rr) To make such further ordinances and regulations not repugnant to law as may be necessary to carry into effect and discharge the powers and duties conferred by this Act and such as it shall deem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace and good order, comfort and conveniences of the city and the inhabitants thereof, and for the protection of property therein and enforce obedience thereto with such unlawful fines or penalties as the City Board may prescribe under the provisions of subsection (mm) of this section, and to exercise all other duties and powers conferred by law. SECTION 29. Power over subdivisions. — The City Board shall have the power by ordinance to require that no plat or plan or subdivision of a residential estate within its jurisdiction shall be presented for approval or verification to the Bureau of Lands and/or the Land Registration Commission until the same shall have been approved by the City Engineer under such regulations as may be provided by ordinance. Such regulations may provide for the proper arrangements, design, and width of streets in relation to other existing or planned streets; for adequate and convenient open spaces for traffic, public services, access of fire-fighting apparatus, recreation, light, and air, and for the avoidance of congestion of population including minimum width and area of lots in the several districts or sections of the city. Such regulations may also include provisions as to the extent to, and methods by, which streets and other ways may be graded, or drained, and improved and water and sewers and other public service mains, piping or other facilities installed. Such regulations shall provide for approval of the plat or plan within thirty days after the submission to the City Engineer. ARTICLE IV
SECTION 30. City departments. — There shall be a
Finance Department, Police Department, Fire Department, an Engineering
Department, Law Department, Health Department, and an Assessment
Department. The Mayor shall have general supervision and control over
all these city departments except the Law Department which shall be
under the Department of Justice. Departments and Officers Upon the recommendation of the Mayor, the City Board may, from time to time, by ordinance, assign additional functions or duties to, and make such readjustment in the duties of the several departments and offices of the city as the public interest may demand, and shall have the power to create or consolidate any department, division or office or delegate these powers to the Mayor by ordinance. Any existing law to the contrary notwithstanding and by ordinance approved by the City Board, two or more departments over which the Mayor has control and supervision may be headed by the same individual. SECTION 31. Powers and duties of heads of departments. — Each head of department of the city government shall be in control of such department 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 except as herein otherwise expressly provided. At least three months before the beginning of each fiscal year, he shall prepare, and present to the Mayor for submission to the Board an estimate of the appropriation necessary for the operation of his department during the ensuing fiscal year, and shall submit therewith such information for purposes of comparison as the Mayor may desire. He shall submit to the Mayor as often as required reports covering the operation of his department. In case of 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 perform the duties of the head of the department concerned. In case of temporary vacancy, the officer next in charge performing the duties of the head of such department shall, during his incumbency in an acting capacity, receive the salary and other emoluments of the latter. In case of temporary disability of the department head and of the officer next in charge, the Mayor may temporarily designate any other officer in the service of the city to perform the duties of the head of such department until the return to duty of the department head or his assistant. SECTION 32. Appointment and removal of officials and employees. — Unless there is an existing or subsequent law or laws to the contrary, the President of the Philippines shall appoint, with the consent of the Commission on Appointments, the Judges of the City Court, the City Treasurer, the City Engineer, the City Fiscal and his assistants, the City Chief of Police, the Chief of the Fire Department, the City Assessor and the City Health Officer. The City Auditor shall be appointed by the Auditor General. These officers can only be removed for just cause. All other officers and employees of the city whose appointment is not vested in the President or otherwise provided for by law or by this Charter shall be appointed by the Mayor in accordance with law. The Mayor may investigate or cause to be investigated any official appointed by the President and recommend to him the removal or suspension of such official. ARTICLE V
Finance Department SECTION 33. The city treasurer, his powers and duties. — There shall be a City Treasurer who shall have charge of the Finance Department and shall act as chief fiscal officer and financial adviser of the city and custodian of its funds. He shall have the following general powers and duties: (a) He shall collect all taxes due the city, all license fees authorized by law or ordinance, all rents due for lands, markets, and other property owned by the city, all further charges of whatever nature fixed by law or ordinance, and shall receive and issue receipt for all costs, fees, fines, and forfeitures imposed by the city court from the clerk thereof, and the fees collected by the sheriff or his deputies. (b) He shall collect all miscellaneous charges made by the Engineering Department and by other departments of the city government, and all charges made by the city engineer for inspections, licenses, and the installations, maintenance, and services rendered in the operation of the private privy system. (c) Unless otherwise specifically provided by law or regulations, he shall perform in and for the city the duties imposed by law or regulation upon provincial treasurers generally as well as the other duties imposed upon him by law. (d) He shall purchase and issue all supplies, equipment or other property required by the city as may be authorized, subject to the general provisions of law relating thereto. (e) He shall be accountable for all funds and property of the city and shall render such accounts in connection therewith as may be prescribed by the Auditor General. (f) He shall deposit daily all municipal funds and collections in any bank duly designated as Government depository. (g) He shall disburse the funds of the city in accordance with duly authorized appropriations, upon properly executed vouchers bearing the approval of the chief of the department concerned, and on or before the twentieth day of each month he shall furnish the Mayor and the City Board for their administrative information a statement of the appropriation, expenditures and balances of all funds and accounts as of the last day of the month preceding. ARTICLE VI
Police Department SECTION 34. The Chief of Police — His powers and duties. — There shall be a Chief of Police who shall have charge of the Police Department, and everything pertaining thereto, including the organization, administration, discipline and disposition and the transfer of members from and to the City Police and Secret Service Division and Traffic Division; shall investigate under the direction of the Mayor, any complaint filed against members of the police and report the result of his investigation to the Mayor making recommendation he may deem pertinent for such action as said officer may consider necessary. He shall have the following 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 violators 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 person and property wherever found within the jurisdiction of the city, and shall arrest, without warrant 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 exercise supervision, administration and control over the city jail and city prisoners; and shall be responsible for the safekeeping of all prisoners in the city jail until they shall be released from custody, in accordance with law or delivered to the warden of the proper prison or penitentiary upon order from the Court of competent jurisdiction. (c) He may take good and sufficient bail for the appearance before the Judge of the City Court of any person arrested for violation of any city ordinance: provided, however, that he shall not exercise this power in cases of violations of any penal law except when the fiscal of the city shall recommend and fix the bail to be required, of the person arrested. (d) He shall have the authority, within the police jurisdiction of the city, to serve and execute criminal processes of any court; shall be deputy sheriff of the city; and as such he shall, personally or by representative, attend the sessions of the City Court, and shall execute promptly and faithfully all orders of the Mayor, including assignments and transfer of personnel, and all writs and processes of the City Court. (e) 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 and in general, victims of violence, sex crimes, accidents, self-inflicted injuries, intoxication, drug addiction, state of malingering and mental disorders which occur within the jurisdiction of the city and the examination of evidences and tell-tale marks of crimes. For that purpose he may cause autopsies to be made and shall be entitled to demand and receive for the purpose of such investigations and/or autopsies the aid of the health authorities. (f) He shall have such other powers and perform such other duties as may be prescribed by law or ordinance. (g) He shall have such assistants and additional personnel as may be prescribed by law or ordinance. SECTION 35. Deputy Chief of Police. — There shall be a Deputy Chief of Police whose duties shall be to act as the Chief of Police in the absence or inability of the Chief of Police, and under the direction of such chief, to look after the discipline of the police force and perform such other duties as may be imposed upon him by the chief or prescribed by law or ordinance. SECTION 36. The secret service; traffic division. — There shall be a secret service and a traffic division of the Police Department. The secret service division shall have charge of the detective work of the Police Department and of the detective force of the city, and shall perform such other duties as may be assigned to it by the Chief of Police or prescribed by law or ordinance. The traffic division shall have charge of the enforcement of traffic laws, regulations and ordinances. These divisions shall each be headed by police officers under the Chief of Police as the approved table of organization of the Police Department may provide. SECTION 37. Peace officers — Their powers and duties. — The Mayor, the Chief of Police, and all officers and members of the city police force shall be peace officers. Such officers are authorized to serve and execute all processes of the City Court and criminal processes of all other courts to whomsoever directed, within the police jurisdictional limits of the city, within the same territory, to 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 the peace, to arrest or cause to be arrested without warrant, any offender when the offense is committed in the presence of a peace officer or within his view; and in such pursuit or arrest to enter any building, ship, boat, or vessel 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; and to exercise such other powers and perform such other duties as may be prescribed by law or ordinance. They shall detain an arrested person only until he can be brought before the proper magistrate. 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 serious violation of law and order, he shall have power to swear in special police, in such number as the occasion may demand. Such special police shall have the same powers while on duty as members of the regular force. ARTICLE VII
Fire Department SECTION 38. Chief of Fire Department — His powers and duties. — There shall be a Chief of Fire Department who shall have the following general powers and duties: (a) He shall have the management and control of all matters relating to the administration of said department, and the organization, governance, discipline, and disposition of the fire force. He may issue supplementary regulations not incompatible with law or general regulations issued by the proper department head of the National Government in accordance with law, for the governance of the fire force. (b) He shall have charge of the fire engine houses, fire engines, hose carts, hooks and ladders, trucks, and all other fire fighting apparatus. (c) He shall have full police powers in the vicinity of fires and shall have authority to remove or demolish any building or other property whenever it shall become necessary to prevent spreading of fire or to protect adjacent property. (d) He shall investigate and report to the Mayor on the origin and cause of all fires occurring within the city. (e) He shall inspect all buildings erected or under construction or repair and determine whether they provide sufficient protection against fire and whether they comply with the ordinance relating thereto. (f) He shall have charge of the city fire alarm service. (g) He shall supervise and regulate the stringing, grounding and installation of wires for all electrical connections with a view to avoiding conflagrations, interference with public traffic or safety, or the necessary operation of the fire department. (h) He shall supervise the manufacture, storage, and use of petroleum, gas, acetylene, gunpowder, and other highly combustible matters and explosives; and shall see that all ordinances relating to the subject or any of them are enforced. (i) He shall have such other powers and perform such other duties as may be prescribed by law or ordinance. ARTICLE VIII
Engineering Department SECTION 39. The City Engineer — His powers and duties. — There shall be a City Engineer, who shall be in charge of the Engineering Department. The Highway District Engineer of the Engineering District nearest to or wherein the City of Tagbilaran is situated may be designated as ex-officio City Engineer and in such a case he shall receive an additional compensation as may be fixed by the City Board in accordance with law. The City Engineer 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 projected 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, maps, 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 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. (e) He shall have the care of all public buildings, when erected, 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, and public buildings. (f) 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; 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. (g) He shall have the care and custody of all public docks, wharves, piers, levees, and landing places. (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, river, esteros, and waterways of the city, and shall recommend to the Mayor for issuance of permits for the construction, repair and removal of the same, and enforce all ordinances in relation to 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 connections with the public sewer system. (k) He shall supervise the laying of the mains and connections for the purpose of supplying gas to the inhabitants of the city. (l) He shall inspect and render the report on 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 law and ordinances relating thereto. He is authorized to charge, at rates to be fixed by the Board with the approval of the department head, for sanitation and transportation services and supplies furnished by his department. (n) He 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 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 and repair of any building or structures dangerous to the public to be made secure or torn down. (p) He shall file and preserve all maps, plans, notes, surveys, and other papers and documents pertaining to his office. SECTION 40. Authority to execute public works projects and improvements. — The City of Tagbilaran shall have the authority to undertake and carry out any public works project and improvement, financed by city funds or any other funds borrowed from or advanced by private third parties, under the supervision of the City Engineer, without the intervention of the Department of Public Works and Communications. The approval of plans and specifications thereof by the City Mayor and the City Engineer with the favorable recommendation of the City Board shall constitute sufficient warrant for the undertaking and execution of said projects. It may, however, consult if it so desires, the Department of Public Works and Communications in connection with the preparation of plans and specifications for public works projects. The city shall likewise have the authority to execute city public works projects either by administration or by contracts under the usual bidding procedure of the government: provided, that in case where expenditure of public funds is not involved, public bidding may be dispensed with. SECTION 41. Assistants and employees. — To assist the City Engineer in the discharge of his duties, there shall be such assistant engineers, superintendents, and other employees as are from time to time provided for in appropriation ordinances. ARTICLE IX
Law Department SECTION 42. The City Fiscal — His powers and duties. — The City Fiscal shall be the Chief Legal Adviser of the city. He shall have the following powers and duties: (a) He shall personally or through any assistant, represent the city in all civil cases wherein the city or any officer thereof, in his official capacity is a party. (b) He shall when requested, attend the meetings of the City 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. (c) 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. (d) He shall, whenever it is brought 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 condition, or to pay any consideration mentioned in the grant of such franchise or privilege, investigate or cause to be investigated the same and report his findings and recommendations to the Mayor. (e) He shall, when directed by the Mayor, institute and prosecute in the city's interest a suit on any bond, lease, or other contract, and upon any breach or violation thereof; and shall prosecute and defend all civil actions related or connected with, any city office or interest. (f) He shall investigate all charges of crimes, misdemeanors, and violation of laws and city ordinances and complaint against the person accused. He or any of his assistants 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 of an absent or recalcitrant witness may be enforced by application to the City Court or the Court of First Instance. No witness summoned to testify under this section shall be under obligation to give testimony tending to incriminate himself. (g) He shall have charge of the prosecution of all crimes, misdemeanors and violations of laws and city ordinances triable in the City Court and shall discharge all the duties in respect to criminal prosecutions 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 and in general, victims of violence, sex crimes, accidents, self-inflicted injuries, intoxication, drug addiction, state of malingering and mental disorders which occur within the jurisdiction of the city and the examination of evidences and tell-tale marks of crimes. 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 and/or autopsies the aid of the health authorities. In case the City Fiscal deems it necessary to have further expert assistance for the satisfactory performance of his duties in relation with medico-legal matters or knowledge including the giving of medical testimony in the courts of justice, he shall request the same from the Head of the Department of Legal Medicine of the College of Medicine and Surgery of the University of the Philippines, or the aid of the Medico-Legal Section of the National Bureau of Investigation, which shall thereupon, furnish the assistance required in accordance with its power and facilities. (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 ordinance. SECTION 43. Assistants and employees. — To assist the City Fiscal in the performance of his duties, he shall have such assistants and clerks as may be provided for by the City Board. ARTICLE X
Health Department SECTION 44. The City Health Officer — His powers and duties. — There shall be a City Health Officer who shall have charge of the Health Department. The Municipal Health Officer of the Tagbilaran Rural Health Unit may be designated as ex-officio City Health Officer and in such a case he shall receive additional compensation as the Board may appropriate in accordance with law. The City Health Officer shall have the following general powers and duties: (a) He shall have general supervision and control over the health and sanitary conditions of the city including the cleaning of crematories, cemeteries and markets. (b) He shall execute and enforce all laws, ordinances and regulations relating to public health. (c) He shall recommend to the City Board the passage of such ordinance as he may deem necessary for the preservation of public health. (d) He shall cause to be prosecuted all violations of sanitary laws, ordinances, or regulations. (e) He shall make sanitary inspections and may be aided therein by such members of the police force of the city as shall be designated as sanitary police by the Chief of Police and by such sanitary inspectors as may be authorized by law or ordinance. (f) He shall keep a civil registry for the city and record the |