REPUBLIC ACT NO. 4776 - AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED THIRTY HUNDRED
SIXTY-EIGHT, KNOWN AS THE REVISED CHARTER OF THE CITY OF TACLOBAN, AND
FOR OTHER PURPOSES
Section 1. Section five of Republic Act Numbered Thirty
hundred sixty-eight is hereby amended to read as follows:
"Sec. 5. Territory of the City of Tacloban. — The
City of Tacloban shall comprise the territorial jurisdiction of the
former Municipality of Tacloban in the Province of Leyte, and shall be
divided, for all administrative and other municipal purposes, into the
city proper which shall be divided by ordinance into districts, and the
rest of the territory of the city into barrios in accordance with
Article IV hereof."
Sec. 2. Section six of the same Act is amended to
read as follows:
"Sec. 6. Jurisdiction of the City. — The jurisdiction
of the City of Tacloban for police purposes only shall be co-extensive
with its territorial jurisdiction; and shall extend to the mid-channel
of the San Juanico Strait and three miles from the shore into San Pedro
Bay; however, for the purpose of effecting the arrest of a person who
has committed an offense within the jurisdiction of the city, the
police authorities of the city shall exercise concurrent jurisdiction
with police forces of other municipalities where said offender may have
fled or escaped; and for the purpose of protecting and insuring 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 one 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 shall have concurrent jurisdiction
with the municipal court of the respective municipalities to try crimes
and misdemeanors committed within said drainage area, or within said
spaces of one hundred meters. The court first taking jurisdiction of
such an offense shall thereafter retain exclusive jurisdiction thereof.
The police force of the several municipalities concerned shall have
concurrent jurisdiction with the police force of the city for the
maintenance of good order and the enforcement of ordinances throughout
said zone, area and spaces. But any license that may be issued within
said zone, area or space shall be granted by the proper authorities of
the municipalities concerned and the fees arising therefrom shall
accrue to the treasury of the said municipality concerned and not to
that of the city."
Sec. 3. Section seven of the same Act is amended
to read as follows:
"Sec. 7. The Mayor. — The Mayor shall be the chief
executive of the city. He shall be elected at large by the qualified
voters of the city. No person shall be eligible for the position of
Mayor unless, at the time of his election, he is at least twenty-five
years of age, a resident of the city for at least two years prior to
his election, and a qualified voter therein. He shall hold office for
four years unless sooner removed for just cause and with due process of
law, and shall receive a salary of not less than fifteen thousand pesos
per annum. The Municipal Board may appropriate such sum of money as may
be necessary for the housing and representation allowance of the Mayor,
not to exceed six thousand pesos annually or commute the same in
addition to his salary."
Sec. 4. Paragraphs one and three, Section eight of
the same Act are amended to read as follows:
"Sec. 8. The Vice-Mayor. — There shall be elected a
Vice-Mayor who shall perform the duties and exercise the powers of the
Mayor, in the event of sickness, absence or other temporary incapacity
of the Mayor. In the event of death, resignation or definite and
permanent vacancy in the position of Mayor, the Vice-Mayor shall become
the Mayor. The Vice-Mayor shall be elected in the same manner as the
Mayor and shall, at the time of his election, possess the same
qualifications as the Mayor.
"The Vice-Mayor shall perform such other duties as may be assigned to
him by the Mayor or prescribed by law or ordinance. He shall receive a
salary of not less than ten thousand two hundred pesos per annum."
Sec. 5. Sub-paragraph (e), Section nine, of the
same Act is amended to read as follows:
"(e) To see that the executive officers and employees
of the city property discharge 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, or service to another section, division, or service without
changing the compensation they receive."
Sec. 6. Section ten of the same Act is amended to
read as follows:
"Sec. 10. Secretary to the Mayor. — The Mayor shall
appoint one secretary, who shall have the rank of a department head and
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 on all ordinances and resolutions signed by the Mayor and
all other official documents and papers of the government of the city
as may be required by law or ordinance; shall attest all executive
orders, proclamations, ordinances and resolutions signed by the Mayor
and shall perform such other duties as the Mayor may require of him;
shall, upon request, furnish certified copies of all city records and
documents in his charge which are not of confidential nature, and
collect and receive such fees as may be prescribed by law or resolution
of the Municipal Board. He shall also perform such duties as are
required of the heads of departments of the city government under
Section twenty-one hereof. The position of the 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 the appointing Mayor and until a successor in the office of the
secretary is appointed and qualified, unless sooner separated. He shall
receive a salary of not less than nine thousand six hundred pesos per
annum."
Sec. 7. The same Act is amended by inserting
between Section s ten and eleven thereof a new section to be known as
Section ten-A, to read as follows:
"Sec. 10-A. Assistant Secretary. — There shall be an
assistant secretary to the Mayor who shall assist the secretary to the
Mayor in the discharge of his official duties and perform such other
duties as the Mayor may required of him.
"The position of the assistant secretary shall be regarded as within
the unclassified civil service but may be filed 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 the appointing
Mayor and until a successor in the office of assistant secretary is
appointed and qualified, unless sooner separated.
"In the absence of the secretary, or in cases of illness or inability
of the secretary to discharge his duties, the assistant secretary shall
assume the powers and duties of the former. He shall receive a salary
of not less than six thousand six hundred pesos per annum."
Sec. 8. The third paragraph, Section eleven of the
same Act is amended to read as follows:
"The members of the Municipal Board shall receive a salary of not less
than seven thousand eight hundred pesos each per annum."
Sec. 9. The last paragraph, Section thirteen of
the same Act is amended to read as follows:
"The Secretary shall be in charge of the records of the Municipal
Board. He shall keep a 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 and motions directing
the payment of money or creating liability, enacted or adopted by the
Board, with the dates of passage of the same, and of the publication of
ordinances; shall keep a seal, circular in form, with the inscription
'Municipal Board — City of Tacloban' in the center of which shall be
placed the 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; shall cause each
ordinance passed to be published as herein provided; shall, upon
request, furnish certified copies of all records of public character in
his charge under the seal of his office; and collect and receive
therefor such fees as may be prescribed by resolution of the Board; and
shall keep his office and all records therein which are not of a
confidential nature, open to public inspection during usual business
hours. The compensation of the Secretary shall be not less than nine
thousand six hundred pesos per annum.”
SECTION 10. The first paragraph, Section fourteen of
the same Act is amended to read as follows:
"Sec. 14. Legislative Procedure. — The Board shall
hold two ordinary sessions for the transaction of business during each
week on days which it shall fix by resolutions, and such extraordinary
sessions, as may be called by the Mayor. It shall sit with open doors
unless otherwise ordered by the affirmative vote of a majority of all
the members. It shall keep a record of all its proceedings and
determine its rules of procedure not herein set forth, as well as
determine its officers except the presiding officer, the number thereof
and the method of their election and their terms of office. A majority
of all the members of the Board shall constitute a quorum for the
transaction of business, but a smaller number may adjourn from day to
day and may compel the immediate attendance of any member who is 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. The affirmative vote of a
majority of all the members shall be necessary for the passage of any
ordinance, or of any resolution or motion directing the payment of
money or creating liability, but other measures shall prevail upon the
majority vote of the members present at any session duly called and
held. The ayes and nays shall be taken and recorded upon the passage of
all ordinances, upon all resolutions or motions directing the payment
of money or creating liability, and, at the request of any member, upon
any other resolution or motion. Each approved ordinance, resolution or
motion shall be sealed with the seal of the Municipal Board, and
recorded in a book kept for the purpose and shall, on the day following
its passage, be posted by the secretary at the main entrance of the
city hall and in at least two other public places, and shall take
effect and be in force on and after the tenth day following its
passage, unless otherwise stated in said ordinance, resolution or
motion or vetoed by the Mayor as hereinafter provided. A vetoed
ordinance, if repassed, shall take effect ten days after the veto is
overridden by the required votes, unless otherwise stated in the
ordinance, resolution or motion or again disapproved by the Mayor."
SECTION 11. Sub-paragraphs (b), (s), and (u), Section fifteen of the same Act are amended to read as follows:
"(b) To fix the number and salaries of officials and
employees of the city not otherwise provided for in this Act or other
laws.
"(s) To permit, regulate and tax motor and other
vehicles operating within the City of Tacloban, the provisions of any
existing law to the contrary notwithstanding, and draft animals not
paying any national tax: provided, that all automobiles and trucks
belonging to the National Government or to any provincial or municipal
government shall be exempt from such tax.
"(u) To impose a sales tax of not exceeding two per
centum of the gross value in money of all articles sold, bartered,
exchanged, transferred, delivered or consigned within the City,
regardless of the origin of said articles or goods."
SECTION 12. The same Act is amended by adding
sub-paragraph (uu) to Section fifteen hereof:
"(uu) The provisions of existing law to the contrary
notwithstanding, to undertake the reclamation of any foreshore lands
within the jurisdiction of the city, either by administration or by
contract, and which reclaimed area may be leased, sold or bartered by
the city subject to the provisions of existing laws and regulations on
contracts."
SECTION 13. Section seventeen of the same Act is
amended to read as follows:
"Sec. 17. Creation of new barrios. — Upon petition of
a majority of the voters in the areas affected, a new barrio may be
created or the name of an existing one may be changed by the municipal
board, in the latter case, upon recommendation of the barrio council.
"No barrio may be created if its population is less than five hundred.
"Barrios shall not be created or their boundaries altered nor their
names changed except under the provisions hereof or by an Act of
Congress."
SECTION 14. The same Act is amended by inserting
between Section s seventeen and eighteen thereof new sections to be
known as Section s seventeen-A, seventeen-B, seventeen-C, seventeen-D,
seventeen-E, seventeen-F, seventeen-G and seventeen-H, to read as
follows:
"Sec. 17-A. Barrio Assembly. — The barrio assembly
shall consist of all persons who have been residents of the barrio for
at least six months, are twenty-one years of age or over, citizens of
the Republic of the Philippines and who are duly registered in the list
of barrio assembly members kept by the barrio secretary.
"The barrio secretary shall keep a list wherein the names of all
members of the barrio assembly shall be entered in alphabetical order,
keeping a separate list for every group belonging to one alphabetical
group and, in addition, the list shall indicate the age, status,
occupation, and the name of the sitio where the member resides.
"The barrio secretary shall revise the list of barrio assembly members
not later than the first Saturday of January of each year. The revision
shall be made by deleting therefrom names of members who have died
during the year as certified to by the local civil registrar, stating
the date and place of death; names of members who have transferred
residences upon application of the members transferring, stating the
date of transfer and place transferred to, if known; and finally, by
including therein the names of those who have acquired the
qualifications to become members of the barrio assembly, stating
therein the date of admission to the barrio assembly.
"Sec. 17-B. Powers of Barrio Assembly. — The powers
of the barrio assembly shall be as follows:
"(a) To recommend to the barrio council the adoption
of measures for the welfare of the barrio;
"(b) To decide on the holding of a plebiscite on
matters that vitally affect the barrio; and
"(c) To hear the annual report of the barrio council
concerning activities and finances of the assembly.
"Sec. 17-C. Election of Barrio Council. — On the
second Sunday of January immediately following the regular elections
for municipal and provincial officials, and on the days thereafter in
the month of January, a regular election shall be held to elect a
barrio captain and six councilmen for each barrio. The date of the
election in the barrio shall be set by the Mayor, upon the written
recommendation of the barrio council.
"In case of failure to hold the election on the date set, it may be
held on any other day within the month of January to be determined by
the Mayor: provided, that if, for any reason, no election in any of the
barrios is held within the month of January, the Mayor shall, upon
resolution of the barrio council or written petition of at least fifty
members of the barrio assembly, fix the date of the election which
shall not be beyond forty days from receipt of said resolution or
petition.
"In the case of a newly created barrio the election shall be held on a
date to be fixed by the Mayor which shall be not more than forty days
from the approval by the municipal board of the resolution creating
said barrio.
"The elected officials of the newly created barrio shall assume office
immediately by taking oath before any person authorized to administer
it and shall hold office for the unexpired term or until their
successors shall have been elected and qualified.
"Not later than the last Sunday of December of the year immediately
preceding the local elections, the barrio council shall elect a board
of election tellers for each regular precinct situated in said barrio,
one of whom shall be a public school teacher who shall be the chairman,
one belonging to the party who obtained the highest number of votes in
the last presidential elections, and one from the party who received
the second highest number of votes in the elections, to conduct the
elections, count the votes, and proclaim the winners in their
respective precincts. The barrio council shall also recommend the
polling place and date of election to the Mayor and immediately after
its approval by the Mayor, it shall cause the publication of the date
and place of the election and the office to be filled.
"On the first Sunday of January of an election year in accordance with
this section, there shall be a registration of new voters to be
conducted by the board of election tellers of each precinct. Any voter
may challenge the qualification of any person seeking to register, and
said challenge shall be heard and decided by the board of election
tellers on the same day. On the Tuesday immediately following the day
of registration as herein provided for, the board of election tellers
shall meet to prepare the list of qualified voters entitled to vote in
the barrio election. Revision shall be made by copying all the names of
the registered voters appearing in the list of voters used in the
previous election, deleting therefrom all the names of registered
voters who have died, transferred residences, as shown by the list of
the members of the barrio assembly, furnished by the barrio secretary,
and those who have become disqualified under the law. A copy of the
aforesaid list shall be furnished the barrio secretary.
"Voting shall be by secret ballot. It shall be held in a place
designated by the barrio council; voting shall be from seven o'clock in
the morning to six o'clock in the afternoon, except when there are
still voters within thirty meters of the polling place, in which case
they shall be allowed to vote. The voters shall have the right to vote
in the order of their entrance to the polling place, identifying
themselves to the board of election tellers who will check their names
against the list of voters prepared by them in accordance herewith.
"Each candidate shall be allowed to appoint one watcher, who, upon
presentation of his appointment signed by the candidate to the board of
election tellers, may be allowed inside the polling place during the
election proceedings. No person shall be allowed to enter the voting
booths except voters actually voting.mmediately after the close of
voting and when all the voters entitled to vote have cast their votes,
the board of election tellers shall immediately proceed to canvass the
votes and those who obtained the highest number of votes for the
position for which they are candidates shall be declared elected. In
case of a tie, the same shall be decided by drawing lots immediately
after the counting of the votes and the winner shall be declared
elected.
"The board of election tellers shall prepare in quintuplicate the
results of the election of the precinct, which election return shall
contain the names of the candidates voted for in the said election,
segregating therefrom the names of the winning candidates from those of
the losing ones, the offices to which they have been voted for, the
number of votes obtained by each, which number of votes shall be
written in words and then in figures. The certificates above referred
to shall be certified to and signed by all the members of the board of
election tellers. The original shall be transmitted by personal service
to the barrio secretary, one copy shall be deposited in the ballot box
together with all other documents used in the election, one copy shall
be sent to the city treasurer and the remaining two copies shall be for
each of the two other members of the board of election tellers.
"On the day immediately following the elections, the barrio council,
acting as a board of canvassers, shall canvass the results of the
election in the barrio, which canvass shall be based upon the election
returns submitted by the board of election tellers to the secretary and
immediately thereafter proclaim the winning candidates. The members of
the barrio council who are running for re-election are disqualified to
act in the said board of canvassers and the Mayor is hereby empowered
to appoint their substitutes who shall be chosen from the same
political party to which the disqualified member belongs.
"The officials elected shall assume office immediately by taking oath
before any person authorized to administer oaths and shall hold office
for four years or until their successors shall have been elected and
qualified.
"Sec. 17-D. Candidates — Their qualifications and
failure to file certificates of candidacy. — Candidates shall file
their certificates of candidacy with the barrio secretary not later
than the first Sunday of the election year. Any five registered voters
may also file the certificate of candidacy of any qualified person.
"Every citizen of the Philippines, twenty-one years of age or over,
able to read and write, who has been a resident of the barrio during
the six months immediately preceding the election, duly registered in
the list of voters kept by the barrio secretary, who is not otherwise
disqualified, may vote or be a candidate in the barrio elections.
"Any vote in favor of a person who has not filed a certificate of
candidacy or in favor of a candidate for an office for which he did not
present himself, shall be void and counted as a stray vote but shall
not invalidate the whole ballot.
"Sec. 17-E. Qualification of voters. — Every citizen
of the Philippines, twenty years of age or over, able to read and
write, who has been a resident of the barrio during the six months
immediately preceding the elections, duly registered in the list of
voters kept by the barrio secretary, who is not otherwise disqualified,
may vote in the barrio elections.
"The following are not qualified to vote:
"(a) Any person who has been sentenced by final
judgment to suffer one year or more of imprisonment, within two years
after serving his sentence.
"(b) Any person who has violated his allegiance to
the Republic of the Philippines; and
"(c) Insane or feeble-minded persons.
"Sec. 17-F. Election Disputes. — All disputes as to
procedure before and during the balloting shall be decided by the board
of election tellers.
"All disputes over barrio elections shall be brought before the city
court of the City of Tacloban; and in the determination and decision
thereof the court shall follow as closely as possible the procedure
prescribed for inferior courts in the Rules of Court. The decisions of
the city court shall be appealable pursuant to the Rules of Court to
the Court of First Instance whose decisions shall be final on questions
of fact.
"Sec. 17-G. Rights of Succession. — When no special
elections are held to fill a permanent vacancy in the office of barrio
captain, arising from death, permanent incapacity, abandonment, or when
there is failure to elect a qualified candidate, the councilman who
obtained the largest number of votes in the barrio elections
immediately preceding, shall assume the office of barrio captain; if,
for some reason, the councilman who obtained the largest number of
votes is incapacitated from assuming the office of barrio captain or
refuses to assume such office, the councilman who obtained the next
largest number of votes in the barrio elections immediately preceding,
shall assume the office of the barrio captain, and so on until the
permanent vacancy in the office of barrio captain is filled.
"There is abandonment of office of barrio captain if the incumbent
fails or refuses, without lawful cause, to enter upon the discharge of
his duties within a period of six months from the time he ceases or
neglects to perform his official duties.
"Should the barrio captain-elect die before assumption of office or
fail to qualify for any reason, the councilman who obtained the largest
number of votes in the barrio elections immediately preceding shall
assume office until a barrio captain qualifies. In case of a tie
between the councilman who obtained the largest number of votes in the
barrio elections immediately preceding, the barrio council will decide
on who shall succeed. In the event that no special election is held and
for some reason the senior councilman elect is incapacitated from
assuming the office of barrio captain, the rule of succession described
in the first paragraph of this section shall be followed.
"In the event that the barrio captain is temporarily incapacitated to
perform the duties of his office on account of absence on leave,
sickness or any other cause, the senior councilman shall perform the
duties and exercise the powers of the barrio captain except, unless
unanimously authorized by the barrio council, the power to appoint,
suspend or dismiss employees. In the event that the senior councilman
is temporarily incapacitated to perform the duties of the barrio
captain or refuses to assume such office, the councilman who obtained
the next largest number of votes among the incumbent councilmen in the
barrio elections immediately preceding shall perform the duties and
exercise the powers of the barrio captain except, unless unanimously
authorized by the council, the power to appoint, suspend or dismiss
employees.
"Sec. 17-H. The Commission on Elections shall have,
in addition to the powers and functions conferred upon it by the
Constitution, overall supervision over all elections of the members of
the barrio council, with powers to promulgate necessary rules and
regulations consistent with the provisions of this Article."
SECTION 15. Section eighteen of the same Act is
amended to read as follows:
"Sec. 18. Power of control and supervision by the
Mayor. — The mayor shall exercise control and supervision over barrio
officials and shall see to it that they perform and discharge their
duties faithfully and in accordance with law. He shall receive and
investigate complaints made under oath against barrio officers for
neglect of duty, oppression, corruption and other forms of misconduct
in office, and conviction by final judgment of any crime involving
moral turpitude. For minor delinquency, he may reprimand the offender;
and if a more severe punishment seems to be desirable, he shall submit
written charges to the municipal board, furnishing a copy of such
charges to the respondent either personally or by registered mail. Upon
recommendation of the barrio council, the Mayor may suspend the officer
pending action by the municipal board, if in his opinion the charge be
one affecting the official integrity of the officer in question, but in
no case shall the suspension last more than thirty days.
"Where suspension is thus effected, the written charges against the
officer shall be filed within five days with the municipal board, which
shall adopt the procedure specified in Section s twenty-one hundred
eighty-nine to twenty-one hundred ninety of the Revised Administrative
Code.
"The decision of the municipal board shall be final and shall not be
appealable."
SECTION 16. The same Act is amended by inserting
between Section s eighteen and nineteen thereof a new section to be
known as Section eighteen-A to read as follows:
"Sec. 18-A. Applicability of Other Laws. — The
provisions of Section s thirteen, fourteen, fifteen, sixteen, seventeen,
eighteen, nineteen, twenty, twenty-one, twenty-two and twenty-three of
Republic Act Numbered Thirty-five hundred and ninety, insofar as they
are not inconsistent herewith, are hereby made applicable to all
barrios in the city: provided, that the barrio treasurer shall be
appointed by the barrio captain upon the recommendation of the city
treasurer and shall be bonded in accordance with existing laws in an
amount to be determined by the barrio council but not exceeding ten
thousand pesos."
SECTION 17. Section twenty of the same Act is amended
to read as follows:
"Sec. 20. City Departments. — There shall be the
following city departments over which the Mayor shall have direct
control and supervision, any existing law to the contrary
notwithstanding:
1. Department of Finance
2. Department of Engineering and Public Works
3. Law Department
4. Department of Health
5. Police Department
6. Fire Department
7. Department of Assessment
8. Department of General Services
"The Municipal Board may, from time to time, make such readjustments of
the duties of several departments as public interest may demand, and,
with the approval of the President, may consolidate any department,
division of office of the city with any other department, division or
office.
"The municipal board may, by ordinance, create a department not herein
otherwise provided for as public interest may demand, or add or
increase the powers of any of the departments already provided for
herein by creating a division or office thereof."
SECTION 18. The second paragraph of Section twenty-one of the same Act is amended to read as follows:
"In case of absence, sickness, suspension, or inability to act for any
other reason, of the head of a department of the city or in case of
temporary vacancy, the assistant of that department shall perform the
duties of that department head concerned, and in case of absence,
sickness, suspension or inability to act, or for any other reason, of
the assistant department head, or in case of temporary vacancy, the
officer next in charge of that department shall perform such duties,
the provision of any existing law to the contrary notwithstanding."
SECTION 19. Section twenty-two of the same Act is
amended to read as follows:
"Sec. 22. Appointments, removal of officials and
employees. — The President of the Philippines, with the consent of the
Commission on Appointments, shall appoint the judge and auxiliary
judge, the city treasurer, the city engineer, the city general services
officer, the city fiscal and his assistants, the chief of police, the
city health officer, the city assessor, the chief of the fire
department, and the city superintendent of schools. Said officers shall
not be suspended or removed except in the manner and for causes
provided for by law.
"Subject to the provisions of the Civil Service Law, the Mayor shall
appoint all other heads of such city departments as may be created and
all other officers and employees paid out of city funds except the
employees of the municipal board who shall be appointed by the
presiding officer thereof, aside from those mentioned in this Act,
without prior approval or concurrence of the department head concerned,
of the National Government, subject to confirmation by the municipal
board, and they shall be suspended and removed in accordance with law."
Sec. 20. Section twenty-four of the same act is
amended to read as follows:
"Sec. 24. The General Auditing Office. — The Auditor
General shall receive and audit all accounts of the city, in accordance
with the provisions of law relating to government accounts and
accounting. The City Auditor shall be appointed by the Auditor General
and shall receive a salary of not less than twelve thousand six hundred
pesos per annum, one-half to be paid by the National Government and the
other half by the city.
"He shall likewise perform the duties of auditing national funds
disbursements of the city engineer's office."
Sec. 21. Section twenty-six of the same Act is
amended to read as follows:
"Sec. 26. The City Register of Deeds. — There shall
be a register of deeds for the City of Tacloban who shall be appointed
by the President of the Philippines with the consent of the Commission
on Appointments and who shall receive a salary at the rate prescribed
by Republic Act Numbered One hundred sixty-four, as amended by Republic
Act Numbered One thousand one hundred thirty-eight and which amount
shall be paid by the National Government.
"The register of deeds for the City of Tacloban shall perform all the
functions and duties prescribed by existing law for registers of deeds
of chartered cities and provinces."
Sec. 22. The same Act is amended by inserting
between Section s twenty-six and twenty-seven, new sections to be known
as Section s twenty-six-A and twenty-six-B to read as follows:
"Sec. 26.-A. Qualification of City Register of Deeds.
— No person shall be appointed to the office of city register of deeds
unless he has been employed for over five years in some branch of the
Government the functions of which include the registration of property,
or unless he is authorized to practice law in Philippines, or is a
graduate of a law school recognized by the government. This
qualification shall, however, not be required in the case of officers
designated temporarily to perform the duties of register of deeds.
"Sec. 26-B. The Register of Deeds. — The register of
deeds for the Province of Leyte shall continue to act as ex-officio
register of deeds of the City of Tacloban until such time as the
register of deeds for the City of Tacloban is appointed and has assumed
his duties as such."
Sec. 23. Section twenty-seven of the same Act is
amended to read as follows:
"Sec. 27. The City Treasurer shall purchase and
supply in accordance with law, all supplies, equipment, materials and
property of very kind including real estate for the use of the city and
any of its departments or offices. Contracts for completed work of any
kind for the use of the city or any of its departments or offices,
involving both labor and materials, where the materials are furnished
by the contractor shall be purchased directly and paid for by the city
subject to the provisions of existing auditing rules and regulations.
Sec. 24. The first paragraph of Section twenty-nine of the same Act is amended to read as follows:
"Sec. 29. The City Treasurer — His powers and duties.
— There shall be a city treasurer who shall have charge of the
department of finance and shall act as chief fiscal officer and
financial adviser of the city and custodian of its funds. He shall
receive a salary of fifteen thousand two hundred pesos per annum
regardless of the class of the city, unless a higher rate of
compensation is provided by law for the proper class of the city based
on its average annual income. He shall have the following general
powers and duties:
"(a) He shall collect all taxes due the city, all
licenses authorized by law or ordinances, 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
receipts for all costs, fees, fines and forfeitures imposed by the city
court.
"(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,
permits, licenses, and the installations, maintenance and services
rendered in the operation of the private privy system.
"(c) He, as deputy of the Commissioner of Internal
Revenue, shall collect by himself or his deputies, all taxes and
charges imposed by the Government of the Republic of the Philippines
upon persons or property in the city, depositing daily such collections
in any depository bank of the government.
"(d) Unless otherwise specifically provided by law or
resolution, he shall perform in and for the city the duties imposed by
law or resolution upon provincial treasurers in general as well as
other duties imposed upon him by law.
"(e) 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.
"(f) 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.
"(g) He shall deposit all city funds and collections
in any bank duly designated as Government depository in accordance with
existing rules and regulations.
"(h) He shall disburse the funds of the city in
accordance with duly authorized appropriations, upon properly executed
vouchers bearing the certification as to the veracity and correctness
of the claim of the chief of the department concerned and the approval
of the mayor, and on or before the twentieth day of each month he shall
furnish the Mayor and the Municipal Board, for their information, a
statement of the appropriations, expenditures, and balances of all
funds and accounts as of the last day of the month preceding."
Sec. 25. The same Act is amended by inserting
between Section s twenty-nine and thirty thereof a new section to be
known as Section twenty-nine-A to read as follows:
"Sec. 29.-A. The Assistant City Treasurer; Other Key
Personnel. — There shall be an assistant city treasurer who shall act
as city treasurer in the absence or incapacity of the city treasurer,
and shall perform such duties as may be imposed upon him by the city
treasurer or prescribed by law, ordinance, and regulations of the
Department of Finance. He shall be appointed by the Mayor upon the
recommendation of the city treasurer and subject to the approval of the
proper Department Head and the attestation of the Commissioner of Civil
Service. The assistant city treasurer shall receive a salary of nine
thousand pesos per annum.
"Besides the assistant city treasurer who heads the administrative
division of the city treasurer's office, there shall be the following
subordinate key personnel who shall be appointed by the Mayor upon
recommendation of the city treasurer in accordance with the Civil
Service Law and rules, and whose salaries shall be fixed for key
personnel in the various offices of the local governments by
administrative or executive order of the President and which
administrative or executive order shall have the force of law in
considering the salaries of the position therein enumerated, to wit:
administrative deputy; senior deputy; junior deputy; market
administrator as chief of the markets and slaughterhouse division;
chiefs and assistant chiefs of the cash, accounting, city license and
fees, property, land tax, and correspondence and records division;
chiefs and assistant chiefs of sections under the various division."
Sec. 26. Section thirty of the same Act is amended
to read as follows:
"Sec. 30. The City Engineer — His Powers and duties.
— There shall be a city engineer who shall have charge of the
department of engineering and public works. He shall receive a salary
of not less than fifteen thousand two hundred pesos per annum. He
shall have the following powers and duties:
"(a) He shall have charge of all the surveying and
engineering works of the city; maintain and repair city streets and
bridges and shall perform such services in connection with public
improvements or any work entered upon or projected by the city, or any
department thereof, which may require the skill and experience of a
civil engineer.
"(b) He shall have charge of constructions, repair
and maintenance of all public highways and bridges, and public works,
both city and national, located within the territorial jurisdiction of
the city, except those that pertain to the NAWASA and the National
Irrigation Administration.
"(c) He shall ascertain, record and establish
monuments of the city survey and from thence extend the surveys of the
city, and locate, establish, and survey all city property and also
private property abutting on the same, whenever directed by the Mayor.
"(d) 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.
"(e) He shall make such tests and inspections of
engineering materials used in construction and repair, as may be
necessary, to protect the city from the use of materials of a poor or
dangerous quality.
"(f) 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 or
public buildings.
"(g) He shall have the care and custody of all public
docks, wharves, piers, levees and landing places owned by the city.
"(h) He shall prevent the encroachment of private
buildings and fences on 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 issue permits for the construction, repair and
removal of the same, and enforce all ordinances relating to the same.
"(j) He shall have the care and custody of the public
system of waterworks 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 report upon the conditions
of public property and public works whenever required so 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 ordinance relating thereto. He is
authorized to charge fees, at rates to be fixed by the Municipal Board,
for the 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 ordinance of
the city.
"(o) With the previous approval of the Mayor in each
case, he shall order the removal of buildings and structures erected in
violation of the ordinances; shall order the removal of the materials
employed in the construction or repair of any building or structure
made in violation of said ordinances; and shall cause buildings and
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."
Sec. 27. Section thirty-one of the same Act is
amended to read as follows:
"Sec. 31. The Assistant City Engineer. — There shall
be an assistant city engineer who shall assist the city engineer in the
discharge of his official duties. He shall be appointed by the Mayor,
upon the recommendation of the city engineer and subject to the
approval of the Secretary of Public Works and Communications. He shall
receive a salary of not less than nine thousand pesos per annum. In the
absence of the city engineer, the assistant city engineer shall assume
his powers and duties."
Sec. 28. Section thirty-two of the same Act is
amended to read as follows:
"Sec. 32. Execution of authorized public works and
improvements. — All repair or construction of any work or public
improvement, except parks, boulevards, streets or alleys, involving an
estimated cost of fifteen thousand pesos or more shall be awarded by
the Mayor upon the recommendation of the city engineer to the lowest
responsible bidder after public advertisement by posting notices of the
call for bids in conspicuous places in the City Hall and other public
places, which shall not be less than ten days duration: provided,
however, that the city engineer may, upon approval of the Secretary of
Public Works and Communications, execute by administration any such
public works costing fifteen thousand pesos or more.
"In case of public works involving an expenditure of less than fifteen
thousand pesos, it shall be discretionary with the city engineer either
to proceed with the work himself or to let the contract to the lowest
bidder after such publication and notices as shall be deemed
appropriate or as may be, by regulations, prescribed."
Sec. 29. Section thirty-three of the same Act is
amended to read as follows:
"Sec. 33. The City Fiscal and Assistant City Fiscals.
— There shall be in the office of the city fiscal one chief to be known
as the city fiscal, an assistant chief to be known as the first
assistant city fiscal, two second assistant city fiscals who shall be
the chiefs of divisions and three assistant city fiscals who shall
discharge their duties under the general supervision of the city fiscal
and the Secretary of Justice. To be eligible for appointment as city
fiscal, one must be a citizen of the Philippines and must have
practiced law in the Philippines for a period of not less than ten
years or held, during a like period, an office in the Philippine
Government requiring admission to the practice of law as an
indispensable requisite. To be eligible for appointment as assistant
fiscal one must be a citizen of the Philippines and must have practiced
law in the Philippines for at least five years prior to his appointment
or held during a like period an office in the Philippine Government
requiring admission to the practice of law as an indispensable
requisite.
"The city fiscal and his assistants shall receive the salaries
hereinafter set forth:
"(a) City fiscal, fifteen thousand two hundred
pesos per annum, of which seven thousand two hundred pesos shall
be paid by the city government and eight thousand pesos shall be paid
by the National Government.
"(b) First assistant city fiscal, eleven thousand
five hundred pesos per annum, of which four thousand eight
hundred pesos shall be paid by the city government and six thousand
seven hundred pesos shall be paid by the National Government.
"(c) Two second assistant city fiscals who shall be
chiefs of two divisions, ten thousand eight hundred pesos per annum
each, of which four thousand two hundred pesos each shall be paid by
the city government and six thousand six hundred pesos each shall be
paid by the National Government.
"(d) Three assistant city fiscals, nine thousand six
hundred pesos per annum each, of which three thousand six hundred
pesos each shall be paid by the city government and six thousand pesos
each shall be paid by the National Government."
Sec. 30. The same Act is amended by inserting
between Section s thirty-four and thirty-five thereof a new section to
be known as Section thirty-four-A to read as follows:
"Sec. 34-A. Organization of the office into two
divisions. — To promote a more efficient performance of the functions
and duties of the office, the city fiscal shall organize said office
into two divisions as follows:
"(a) Preliminary Investigation Division, which shall
have executive charge of the conduct of preliminary investigations of
all crimes and violations of city ordinances.
"(b) Prosecution Division, which shall have exclusive
charge of the prosecution of criminal cases.
"The city fiscal shall effect from time to time such changes in the
organization of the said two divisions as the exigencies of the service
demand. This organization shall be without prejudice to the power of
the city fiscal to designate any single assistant fiscal or group of
assistant fiscals to investigate and also prosecute the same case or
cases."
Sec. 31. Section thirty-five of the same Act is
amended to read as follows:
"Sec. 35. The City Health Officer — His powers and
duties. — There shall be a city health officer who shall have charge of
the Department of Health and who shall receive a salary of not less
than twelve thousand six hundred pesos per annum. He shall have the
following powers and duties:
"(a) He shall have general supervision over the
health and sanitary conditions of the city, including the cleaning of
crematories and cemeteries.
"(b) He shall execute and enforce all laws,
ordinances and regulations relating to public health.
"(c) He shall recommend to the Municipal Board the
passage of such ordinances 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 or the
national police as shall be designated as sanitary police by the chief
of police or national police officer and such sanitary inspectors as
may be authorized by law.
"(f) He shall act as the local civil registrar
ex-officio of the City of Tacloban and shall keep a civil register for
the city and shall record therein all births, marriages and deaths with
their respective dates. As such ex-officio he shall receive additional
compensation not exceeding one thousand eight hundred pesos per annum
payable from the funds of the city.
"(g) He shall have control and supervision over
puericulture centers, and government hospitals of the city.
"(h) He shall perform such other duties, not
repugnant to law or ordinance, with reference to the health and
sanitation of the city, as the Director of Health Services shall
direct. In case of epidemic or when the inhabitants of the city are
menaced by any infectious or contagious disease, the Director of
Disease Control shall assume full control of the health and sanitation
services of the city until such condition shall have ceased to exist."
Sec. 32. Section thirty-six of the same Act is
amended to read as follows:
"Sec. 36. The Assistant City Health Officer. — There
shall be an assistant city health officer who shall act as city health
officer in the absence or incapacity of the city health officer, and
shall perform such other duties as may be imposed upon him by the city
health officer or prescribed by law or ordinance. He shall be appointed
by the Secretary of Health upon the recommendation of the city health
officer and the city Mayor and shall receive a salary of not less than
eight thousand seven hundred pesos per annum."
Sec. 33. The same Act is amended by inserting
between Section s thirty-six and thirty-seven a new section to be known
as Section thirty-six-A to read as follows:
"Sec. 36-A. The Sanitary Engineer. — There shall be a
sanitary engineer who shall assist the city health officer and the
assistant city health officer in the performance of their duties. He
shall particularly screen all applications for building construction,
public and private, and for the construction of the drainage and
sewerage systems in the city. He shall advise the city health officer
from time to time as regards the environmental sanitation of the city.
He shall receive a salary of not exceeding seven thousand two hundred
pesos per annum."
Sec. 34. Section thirty-seven of the same Act is
amended to read as follows:
"Sec. 37. The Chief of Police — His powers and
duties. — There shall be a chief of police who shall have charge of the
police department and shall receive a salary of not less than ten
thousand two hundred pesos per annum. 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 government of the city police and detective force.
"(b) He shall quell riots, disorders, disturbances of
the peace, and shall arrest and prosecute through the city fiscal,
violators of any law or ordinance; shall exercise exclusive police
supervision over all land and water within the police jurisdiction of
the city; shall be charged with the protection of the rights of persons
and property wherever found within the jurisdiction of the city, and
shall arrest when necessary to prevent the escape of the offender,
violators of any or ordinance, and all who obstruct or interfere with
him in the discharge of his duty; shall have charge of the city prison;
and shall be responsible for the safekeeping of all prisoners until
they shall be released from custody, in accordance with law, or
delivered to the warden of the proper prison or penitentiary.
"(c) He may take good and sufficient bail for the
appearance before the judge of the municipal court of any person
arrested for violation of any city ordinance: 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 so recommend and fix the
bail to be required of the persons arrested.
"(d) He shall have authority, within the police
limits of the city, to serve and execute criminal processes of any
court.
"(e) He shall be the deputy sheriff of the city, and
as such, shall, personally or by representative, attend the sessions of
the municipal court, and shall execute promptly and faithfully, all
writs and processes of said court.
"(f) He shall exercise supervision over the police
training school established in accordance with the rules and
regulations of the police department.
"(g) He shall have such further powers and perform
such further powers and duties as may be prescribed by law or
ordinance.
"(h) He shall have the power to transfer any member
of the police department from one division or section to another as the
needs and exigencies of the service and public interest may require."
Sec. 35. Section thirty-eight of the same Act is
amended to read as follows:
"Sec. 38. The assistant chief of police. — There
shall be an assistant chief of police whose duties shall be to act as
chief in the absence or incapacity of the chief of police, and, under
the direction of the chief of police, 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. He shall receive a
salary of not less than seven thousand two hundred pesos per annum."
Sec. 36. The second paragraph of Section thirty-nine of the same Act is amended to read as follows:
"The chief of the secret service shall receive a salary of not less
than seven thousand two hundred pesos per annum."
Sec. 37. Section forty of the same Act is amended
to read as follows:
"Sec. 40. Peace officers — Their powers and duties. —
The Mayor, the chief of police, the deputy chief of police, the chief
of the secret service, and all officers and members of the city police
and detective force shall be peace officers. Such peace officers are
authorized to serve and execute all processes of the municipal court
and court criminal processes of all other courts to whomsoever directed
within the jurisdictional limits of the city or within the police
limits as hereinbefore defined; within the same territory, to pursue
and arrest, without warrant, 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 in accordance with
the provisions of existing laws relative to such detention. 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 may
call upon the provincial commander or other members of the Armed Forces
of the Philippines. Except upon the occurrence of any of such
conditions, police jurisdiction and supervision and the preservation of
peace and order shall pertain exclusively to the peace officers herein
mentioned, and no other officers, members of the Armed Forces and
Philippine Constabulary shall perform or undertake any police function
within the jurisdiction of the city except those which are authorized
by law to be done in the cases enumerated in the Rules of Court, any
existing law to the contrary notwithstanding."
Sec. 38. The first paragraph of Section forty-one
of the same Act is amended to read as follows:
"Sec. 41. Chief of Fire Department. — There shall be
a chief of fire department who shall have the management and control of
all matters relating to the administration, organization, government,
discipline and disposition of the fire forces. He shall receive a
salary of not less than nine thousand pesos per annum and shall have
the following powers and duties.
"(a) He shall 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 trucks, hooks and ladders, trucks, and all other
fire apparatus.
"(c) He shall have full police powers in the vicinity
of fires.
"(d) He shall have authority to remove or demolish
any building or other property whenever it shall become necessary to
prevent the spread of fire or to protect adjacent property.
"(e) He shall investigate and report to the Mayor the
origin and cause of all fires occurring within the city.
"(f) He shall inspect all buildings erected or under
construction or repair within the city and determine whether they
provide sufficient protection against fire and comply with the
ordinances relating thereto.
"(g) He shall have charge of the city telegraph,
telephone, and fire alarm service.
"(h) He shall have exclusive power, notwithstanding
any law to the contrary, to 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.
"(i) He shall condemn all defective electrical
installations and shall take the necessary steps to effect immediate
corrective action, informing the Mayor of the action thus taken.
"(j) He shall supervise the manufacture, storage, and
use of petroleum, gas, acetylene, gunpowder, and other highly
combustible matter and explosives.
"(k) No permit for the construction or repair of
buildings within the city shall be granted unless the plans relative
thereto have been approved by the chief of the fire department. He
shall have the power to alter or disapprove such plans as do not
provide for adequate protection against the occurrence of fires.
"(l) He shall have such powers and perform such
duties as may further be prescribed by law or ordinance.
"(m) He shall have the power to transfer any member
of the fire department from one division or section to another as the
needs and exigencies of the service and public interest may require."
Sec. 39. Section forty-two of the same Act is
amended to read as follows:
"Sec. 42. Assistant Chief of the Fire Department. —
There shall be an assistant chief of the fire department whose duties
shall be to act as chief in the absence or incapacity of the chief of
the fire department, and, under the direction of the chief of the fire
department, to look after the discipline of the fire force and perform
such other duties as may be imposed upon him by the chief or prescribed
by law or ordinance. He shall be appointed by the Mayor, upon the
recommendation of the chief of fire department and shall receive a
salary of not less than seven thousand two hundred pesos per annum."
Sec. 40. Section forty-three of the same Act is
amended to read as follows:
"Sec. 43. City Electrician. — There shall be a city
electrician who shall, under the direction of the chief of the fire
department, have charge of the enforcement of all laws, ordinances and
regulations relating to electrical connections within the city, and
shall perform such other duties as may be assigned to him by the chief
of the fire department or prescribed by law or ordinance. He shall be
appointed by the City Mayor and shall receive a salary of not less than
five thousand four hundred pesos per annum."
Sec. 41. The first paragraph of Section forty-four
of the same Act is amended to read as follows:
"Sec. 44. The City Assessor — His powers and duties.
— There shall be a city assessor who shall have charge of the
department of assessment and who shall receive a salary of fifteen
thousand pesos per annum. The City Treasurer shall act as city assessor
ex-officio with additional compensation of three thousand pesos per
annum until the Municipal Board, by ordinance, provides otherwise, at
which time the city assessor shall be appointed as heretofore provided.
The City Assessor shall have the following powers and duties."
Sec. 42. The same Act is amended by inserting
between Section s forty-four and forty-five a new section to be known as
Section forty-four-A to read as follows:
"Sec. 44.-A. The Assistant City Assessor; Other Key
Personnel. — There shall be an assistant city assessor who shall act as
city assessor in the absence or incapacity of the city assessor, and
shall perform such duties as may be imposed upon him by the city
assessor or prescribed by law, ordinance, and regulations of the
Department of Finance. He shall be appointed by the Mayor upon the
recommendation of the city assessor and subject to the approval of the
proper Department Head and the attestation of the Commissioner of Civil
Service, and shall receive a salary of nine thousand pesos per annum.
"Besides the assistant city assessor, who heads the administrative
division of the city assessor's office there shall be the following
subordinate key personnel who shall be appointed by the Mayor upon
recommendation of the city assessor in accordance with the Civil
Service Law and rules and whose salaries shall be the rates of
compensation fixed for key personnel in the various offices of the
local governments by administrative or executive order of the President
of the Philippines, and which administrative or executive order shall
have the force of law in considering the salaries of the positions
therein enumerated, to wit: chief deputy assessor; senior deputy
assessor; junior deputy assessor; chiefs and assistant chiefs of the
land appraisal, building appraisal, surveying and tax mapping, and
research and statistics divisions: chiefs and assistant chiefs of
sections under the various divisions."
Sec. 43. Section forty-eight of the same Act is
amended to read as follows:
"Sec. 48. Action in case estate has escaped taxation.
— If it shall come to the knowledge of the city assessor that any
taxable real estate in the city has escaped listing, it shall be his
duty to list and value the same at the time and in the manner provided
in the next succeeding section and such real property shall have back
taxes assessed against it for the period during which it would have
been liable if assessed from the first in proper course but in no case
for more than four years prior to the year of the initial assessment
and the taxes thus assessed shall be legal and collectible by all the
remedies herein provided, and if the failure of the city assessor to
assess such taxes at the time when they should have been assessed was
due to any fault or negligence on the part of the owner of such
property the penalties shall be added to such back taxes as though they
had been assessed at the time when they should have been assessed."
Sec. 44. Section fifty-two of the same Act is
amended to read as follows:
"Sec. 52. Time and manner of appealing to City Board
of Assessment Appeals and composition thereof . — In case any owner of
real estate or his authorized agent shall feel aggrieved by any
decision of the city assessor under the preceding sections of this
Article, such owner or agent may, within thirty days after the entry of
such decision, appeal to the City Board of Assessment Appeals. The
appeal shall be perfected by filing a written notice of the same with
the city assessor, and it shall be the duty of that officer forthwith
to transmit the appeal to the City Board of Assessment Appeals with all
the written evidence in his possession relating to such assessment and
valuation.
"There shall be a City Board of Assessment Appeals which shall be
composed of the city auditor as chairman, the city engineer, the city
register of deeds, and two property owners in the city to be selected
by the three city officials above-mentioned as members. The members of
the board who are not officials of the city government shall each
receive a compensation of twenty pesos for each day of session actually
attended, to be paid from the funds of the city. The chairman of the
board shall have the power to designate any assistant city official or
ranking employee to serve as secretary of the board without additional
compensation.
"The members of the board who are not officials of the city government
shall hold office for a term of five years, unless sooner removed for
cause by a majority vote of the other members of the board."
Sec. 45. The first paragraph of Section fifty-five
of the same Act is amended to read as follows:
"Sec. 55. Taxes on real estate — Extension and
remission of the tax. — A tax, the rate of which shall not exceed two
per centum ad valorem to be determined by the Municipal Board whose
duty it shall be on or before the fifteenth day of December of each
year to fix by resolution the rate of levy for the succeeding year on
the assessed value of all real estate in the city subject to taxation.
All taxes on real estate for any year shall be due and payable annually
within the first fifteen days of January and from this date such taxes
together with all penalties accruing thereto shall constitute a lien on
the property subject to such taxation.
Sec. 46. Section sixty-one of the same Act is
amended to read as follows:
"Sec. 61. Vesting title to real estate in the city
government. — After the expiration of the year for which the tax is
due, and in the event of continued default in the payment of the tax
and penalty, all private rights, titles and interest in and to the real
estate on which said tax is delinquent shall be indefeasibly vested in
the city government, subject only to the rights of redemption and
repurchase as hereinafter provided for: provided, that the title
acquired by said city government to the real estate shall not be
superior to the title thereto of the original owner prior to the
seizure thereof."
Sec. 47. The same Act is amended by rearranging
Section s sixty-four, sixty-five, sixty-six, sixty-seven, sixty-eight,
sixty-nine and seventy thereof and inserting therein a new section to
be known as Sec. 67-A, to read as follows:
"Sec. 64. Notice of sale of real estate at public
auction. — At any time after the forfeiture of any real estate shall
have become absolute, the treasurer, pursuant to the rules of procedure
to be promulgated by the Department Head, may announce the sale of the
real estate seized on account of delinquency on the payment of the
taxes thereon, for the redemption of which no application has been
filed. Such announcement shall be made by posting a notice for three
consecutive weeks at the main entrances of the city hall and all the
municipal buildings of the province, in either English or Spanish, and
in the dialect commonly used in the locality, and by publishing the
same once a week for three consecutive weeks in a newspaper of general
circulation in the city. Copies of such notice shall be sent
immediately by registered mail to the delinquent taxpayer at the
latter's home address if known. The notice shall state the amount of
the taxes and penalties so due, the time and place of sale, the name of
the taxpayer against whom the taxes are levied, and the appropriate
area, the lot number and the location by district and street and the
street number and district or barrio where the real estate to be sold
is located."
"Sec. 65. Sale of real estate, conditions. — At any
time during the sale or prior thereto, the taxpayer may stay the
proceedings by paying the taxes and penalties due on the property to
the city treasurer or his deputy, otherwise the sale shall proceed and
shall be held either at the main entrance of the city hall or on the
premises of the real estate to be sold as the city treasurer or his
deputy may determine. Payment of the sale price shall be in full and
for cash and in no case shall such price be less than the taxes and
penalties due and the costs of sale.
"The city treasurer or his deputy shall make a report of the sale to
the Municipal Board within five days after the sale and shall make the
same appear on its records. The purchaser at the sale shall receive
from the city treasurer or his deputy a certificate showing the
proceedings of the sale, describing the property sold, stating the name
of the purchaser, the sale price, the conditions of payment the amount
paid and the exact amount of the taxes and penalties.
"Sec. 66. Redemption of real property before sale. —
After the title of the property shall have become vested in the city
government in the manner provided for in the preceding sections, and at
any time prior to the sale the original owner or his authorized
representative or any person having any lien, right or other legal
interest or equity in said property, shall have the right to redeem the
entire property in question by paying the full amount of the taxes and
penalties due thereon at the time of the seizure.
"Sec. 67. Redemption of real estate after sale. —
Within one year from and after the date of sale, the delinquent
taxpayer or any other person in his behalf, shall have the right to
redeem the property sold by paying to the city treasurer or his deputy
the amount of the taxes, penalties, cost and interest at the rate of
twelve per centum on the purchase price, if paid in whole or in any
portion thereof as may have been paid by the purchaser, and such
payment shall invalidate the certification of sale issued to the
purchaser, if any, shall entitle the person making such payment to a
certificate to be issued by the city treasurer or his deputy, stating
that he has thus redeemed the property, and the city treasurer or his
deputy upon the return by the purchaser of the certificate of sale
previously issued to him, shall forthwith refund to the purchaser the
entire sum paid by him with interest at twelve per centum per annum, as
provided for herein, and such property shall thereafter be free from
the lien of such taxes or penalties.
"Sec. 67-A. Possession and usufruct of real property
within one year from date of sale. — After the sale and before
repurchase, or before the expiration of one year hereinabove fixed for
such repurchase, the real property shall remain the possession of the
delinquent taxpayer who shall have the right to the usufruct thereof.
"Sec. 68. Taxes and penalties which shall be paid
upon redemption on repurchase. — The taxes and penalties to be paid by
way of redemption or repurchase, shall comprise in all cases only the
original tax by virtue of failure to pay which the seizure was made,
and its incidental penalties, up to the date of the forfeiture of the
real estate to the government.
"Sec. 69. Execution of deed of final sale. — In case
the delinquent taxpayer shall not redeem the property sold as herein
provided within one year from the date of the sale, and the purchaser
shall then have paid the total purchase price, the city treasurer as
grantor, shall execute a deed in form and effect sufficient to convey
to the purchaser so much of the real estate against which the taxes
have been assessed as has been sold, free from all liens or
encumbrances, of any kind whatsoever, and said deed shall succinctly
recite all the proceedings upon which the validity of the sale depends.
Any balance remaining from the proceeds of the sale, after deducting
the amount of the taxes and penalties due, and the costs, if any, shall
be returned to the original owner or his representatives.
"Sec. 70. Ejectment of occupants of seized property.
— If after issuance of the final bill or deed of sale hereinabove
referred to, the purchaser of the real property shall not be allowed to
enter and take possession of the property subject of the deed of final
sale, the city treasurer or his deputy shall issue to the Police
Department, thru the Mayor, a certificate describing the parcel of real
estate covered by the deed of final sale, stating the fact of its
having been sold to the purchaser, and requesting the police to eject
from said property all the tenants and occupants thereof. Upon
receiving such certificate the police shall forthwith have all the
tenants and occupants who refuse to recognize the title of the city and
of the purchaser, expelled from the property in question and to place
in possession the purchaser thereof: provided, however, that if the
property so seized is or includes a residential home, the occupant
thereof shall be given sufficient time, not exceeding one month from
the date of the notice of ejectment, to vacate the premises."
Sec. 48. The same Act is amended by inserting
between Section s seventy-one and seventy-two thereof the following
sections which shall read as follows:
"Article XIII-A. Department of General Services
"Sec. 71-A. The City General Services Officer. —
There shall be a city general services officer who shall either be a
civil engineer, sanitary engineer or architect and who shall exercise
general supervision and control over all the offices and services under
this department. He shall have a salary of not less than nine thousand
six hundred pesos per annum and shall have the following powers and
duties:
"(a) He shall issue supplementary regulations not
incompatible with laws or general regulations issued by the proper
department head of the National Government in accordance with law, for
general services.
"(b) Subject to the approval of the Mayor, he shall
assign the personnel under his office to the various offices and
services as the public interest may required in accordance with the
ordinance related thereto.
"(c) He shall have charge of the care, cleaning and
sprinkling of streets, canals and esteros, parks and public buildings,
recreation and playground and maintenance of city drainage structures,
illumination services, maintenance and repair of public buildings and
athletic fields owned by the city; care and to regulate the use of all
monuments and parks.
"(d) He shall have charge of city cultural services,
including the organization and management of the city band,
installation of arches and stages in connection with the participation
of the city in all social services.
"(e) He shall have general supervision and control
over the administration and cleanliness of markets, cold storages and
slaughterhouses owned and operated by the city, except with respect to
fiscal matters which shall be under the exclusive control of the city
treasurer. He shall see to it that all the provisions of the market
code are strictly complied with by all those concerned.
"(f) He shall take charge of the motor pool service
to maintain and service all motor vehicles, and/or engines and
mechanical devices which belong to the city except those under the fire
department and the city engineer.
"(g) He shall exercise general supervision over the
collection and disposal of all garbage, refuse, the contents of
closets, vaults and cesspools, and all other offensive and dangerous
substances within the city, including operation and maintenance of a
city garbage treatment plan and, in the event the disposal and
collection of such garbage, refuse and other offensive substances have
been awarded to a private contractor, the disposal and collection
thereof shall be under the supervision of the city general services
officer.
"(h) He shall have charge of the cleaning of sanitary
and storm sewers including the management and supervision of sewage
treatment plants operated by the city.
"(i) He shall have general supervision and control
over the sanitary building and plumbing inspection service; care,
custody and cleaning of all public buildings rented for city purposes;
public toilets; collection and disposal of garbage, refuse, contents of
toilets and cesspools, and all other offensive and dangerous substances
within the city.
"(j) He shall have authority to declare that any lot
or ground within the City of Tacloban belonging to any person or
corporation or to the National Government or any branch or political
subdivision thereof, is so low, excavated or walled, diked or dammed as
to admit or cause the formation on the surface thereof of stagnant or
foul water, or that it is a nuisance or a menace to public health,
unless filled in or its sanitary condition otherwise improved, and
shall communicate same to the Mayor.
"(k) He shall recommend to the Municipal Board the
passage of ordinances as he may deem necessary for the better and more
adequate extension of public service.
"Sec. 71-B. The Assistant City General Services
Officer. — There shall be an assistant city general services officer in
the discharge of his official duties. He shall be appointed by the
Mayor upon the recommendation of the city general services officer
subject to the provisions of the Civil Service Law. He shall receive a
salary of not less than seven thousand two hundred pesos per annum. In
the absence of the city general services officer, the assistant city
general services officer shall assume his duties and powers."
Sec. 49. Section eighty-six of the same Act is
amended to read as follows:
"Sec. 86. Annual Budget. — At least four months
before the beginning of each fiscal year, the city treasurer shall
present to the Mayor a certified detailed statement by department of
all receipts and expenditures of the city pertaining to the preceding
fiscal year, and to the first seven months of the preceding fiscal
year, and to the first seven months of the current fiscal year together
with an estimate of the receipts and expenditures for the remainder of
the current fiscal year; and he shall submit with this statement a
detailed estimate of the revenues and receipts of the city from all
sources for the ensuring fiscal year. Upon receipt of this statement
and estimate and the estimate of department heads as required by
Section twenty-one of this Charter, the Mayor shall formulate and
submit to the Municipal Board at least two and a half months before the
beginning of the ensuing fiscal year, a detailed budget covering the
estimated necessary expenditures for the said ensuing fiscal year,
which shall be the basis of the annual appropriation ordinance:
provided, however, that in no case shall the aggregate amount of such
appropriation exceed the estimate of revenues and receipts submitted by
the city treasurer as provided above: and provided, further, that the
expenditure allowed for salaries and wages may exceed the percentage
authorized by law if the excess is due to the implementation of a law
fixing the salaries of city officials and employees or as a consequence
of salary adjustments to conform to or approximate the standards set by
the Wage and Position Classification Office."
Sec. 50. The same Act is amended by inserting
between Section s eighty-seven and eighty-eight thereof a new section to
be known as Section eighty-seven-A to read as follows:
"Sec. 87-A. Effectivity. — Any provision of existing
law or regulations to the contrary notwithstanding and provided, that
the city budget appropriates an aggregate amount not exceeding the
estimated tax receipts and/or income for the ensuing year, certified
collectible by the city treasurer, and provided, that provisions have
been made for the statutory and/or current contractual obligations of
the city: and provided, further, that no official or employee shall
receive a salary higher than the maximum salary provided by existing
salary laws the city budget shall be in full force and effect on the
date therein fixed for its effectivity by the Municipal Board with the
approval of the City Mayor.
"Copies of the city budget shall be furnished the Secretary of Finance
within ten days after its approval, who shall have the power to review
the budget in order to see to it that the above provisions and
conditions have been complied with. If within thirty days after
submission to the Secretary of Finance, the Secretary takes no action,
the said budget shall the deemed to have complied with the above
provisions. If within thirty days after submission of the budget, upon
examination thereof, the Secretary of Finance shall determine that the
provisions of the salary laws have been violated, he shall advise in
writing the city treasurer who shall, upon receipt of such advise, make
no further disbursements beyond the maximum amounts provided for in the
salary laws for the item in question, unless the budget shall have been
corrected and revised to meet the objections presented in said advice,
and until such corrections or revision shall have been submitted to and
approved by the Secretary of Finance, which approval may not be
unreasonably withheld.
"Upon ascertaining that the city budget has not made provisions for all
statutory and/or current contractual obligations of the city or that
said budget has appropriated an aggregate amount exceeding the
estimated tax receipts or income for the ensuing year, the Secretary of
Finance shall, within thirty days after receipt of the city budget,
have the power to declare the same as inoperative and to return the
budget forthwith to the city mayor for proper adjustment, in which
event the city shall operate on the previous year's budget until such
time as a new budget shall have been made meeting the objections
presented by the Secretary of Finance."
Sec. 51. The same Act is amended by inserting
between Section s eighty-nine and ninety, thereof, a new section to be
known as Section eighty-nine-A, to read as follows:
"Sec. 89-A. Supervision of District Judges over the
City Judges of the City Courts. — Annual Report of Judge. — The
presiding judge of the Court of First Instance of the City of Tacloban,
or if there be none, the executive judge of the court of first instance
with permanent station in the City of Tacloban, under Section fifty-two
of Republic Act Numbered Two hundred ninety-six, as amended, shall at
all times, exercise supervision over city judges of the city courts of
Tacloban, and shall keep himself informed of the manner in which they
perform their duties, by personal inspection whenever possible, from
reports which he may require from them, from cases appealed to his
court, and from all other available sources. In proper cases he shall
advise and instruct them whenever requested or when the occasion
arises, and such city judges shall apply to him and not to the
Secretary of Justice for advice and instruction and any such inquiries
received by the Secretary of Justice shall be referred by him to the
executive judge of the court of first instance.
"Every city judge, shall, during the first thirty days of the fiscal
year, forward to the presiding and/or district judge a report
concerning the business done in his court for the previous year, upon
forms to be prescribed by the presiding judge or executive judge. Such
report shall be filed in the office of the clerk of court of the
presiding judge or the executive judge, as the case may be, and said
presiding judge or executive judge shall, with the assistance of his
clerk, embody a summary of such reports in his report as prescribed by
the Secretary of Justice."
Sec. 52. This Act shall take effect upon its
approval.
Approved: June 18, 1966
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