REPUBLIC ACT NO. 4993 - AN ACT
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED THIRTY-EIGHT HUNDRED
AND ELEVEN, ENTITLED "AN ACT CREATING THE CITY OF DAPITAN"
Section 1.
Section two of Republic Act Numbered Thirty-eight
hundred and eleven is hereby amended to read as follows:
"Sec. 2. Territory of the City of Dapitan. — The
City of Dapitan, which is hereby created, shall also be known as the
Shrine City , and shall comprise the present territorial jurisdiction
of the Municipality of Dapitan, Province of Zamboanga del Norte."
Sec. 2. Section seven of the same Act is hereby
amended to read as follows:
"Sec. 7. The City Mayor. — The City Mayor shall be
the chief executive of the city. He shall be elected by the qualified
voters of the city and shall hold office for a term of four years, the
first elected mayor to begin serving upon the expiration of the term of
office of the incumbent municipal mayor. He shall receive a
compensation in accordance with the provisions of existing laws, and
shall be entitled, in addition to his salary, to an allowance of not
exceeding two thousand four hundred pesos per annum. No person shall be
eligible for election as City Mayor unless, he is not less than thirty
years of age, a resident of the city or that of the former Municipality
of Dapitan for at least two years prior to his election, and a
qualified voter therein."
Sec. 3. Section eight of the same Act is hereby
amended to read as follows:
"Sec. 8. The City Vice-Mayor. — There shall be a
City Vice-Mayor who shall be chosen in the same manner as the City
Mayor, and shall possess the same qualifications as that of the City
Mayor. He shall perform the duties and exercise the powers of the City
Mayor in the event of the death, sickness, absence or other temporary
incapacity of the incumbent, or in the event of a permanent vacancy in
the position of City Mayor. If, for any reason, the City Vice-Mayor is
temporarily incapacitated for the performance of the duties of the City
Mayor, or said office of the City Vice-Mayor is vacant, the duties and
powers of the City Mayor shall be performed and exercised by the
councilor who obtained the highest number of votes during the election
for members of the City Council. The City Vice-Mayor shall be the
presiding officer of the City Council, with no right to vote except in
case of tie, and shall perform such other duties as may be assigned to
him by the city Mayor or prescribed by law or ordinance. He shall
receive a compensation in accordance with the provisions of existing
laws."
Sec. 4. Section nine of the same Act is hereby
amended by amending subparagraph (i) thereof and adding thereto a new
subparagraph to read as follows:
"(i) To submit to the City Council at least two
weeks before the beginning of each fiscal year a budget of receipts and
expenditures of the city.
"(p) To exercise supervision of the shrine and
relics of Dr. Jose Rizal, namely, Rizal Park at Talisay, the Rizal
relief map of Mindanao including the whole town plaza where the same is
located, subject to the jurisdiction of the existing committee or
agency under the Office of the President of the Philippines.”
Sec. 5. Section ten of the same Act is hereby
amended to read as follows:
"Sec. 10. Secretary of the City Mayor. — The City
Mayor shall appoint one secretary who shall hold office at the pleasure
of the City Mayor and whose compensation shall be the same as that
received by the councilors in accordance with the provisions of
existing laws."
Sec. 6. Section eleven of the same Act is hereby
amended to read as follows:
"Sec. 11. Composition and compensation. — The City
Council shall be the legislative body of the city and shall be composed
of the City Vice-Mayor, who shall be its presiding officer, and eight
councilors who shall be elected at large by the qualified voters of the
city during every election for provincial, city and municipal officials
in conformity with the provisions of the Revised Election Code. In case
of sickness, absence, suspension or other temporary disability of any
member of the Council, or if necessary to maintain a quorum, the
President of the Philippines may appoint a temporary substitute who
shall possess all the rights and perform all the duties of a member of
the council until the return to duty of the regular incumbent.
"If the City Vice-Mayor or any member of the City Council shall be a
candidate for office in any election, he shall be disqualified to act
with said body in the performance of the duties thereof relative to
such election, and if, for such reason, the number of members should be
unduly reduced, the President shall appoint any disinterested voter of
the city, belonging to the political party of the disqualified member,
to act in his place in such matters.
"The members of the City Council shall receive a salary in accordance
with the provisions of existing laws."
Sec. 7. Section thirteen of the same Act is
hereby amended to read as follows:
"Sec. 13. Secretary of the Council. — The Council
shall have a secretary who shall be appointed by it to serve during the
term of office of the member thereof. The compensation of the secretary
shall be the same as that received by the city councilors in accordance
with the provisions of existing laws, or any latest statute fixing the
rates and salaries of city officials. A vacancy in the office of the
secretary shall be filled temporarily for the unexpired term in like
manner."
Sec. 8. Sub-paragraph (uu) of Section fifteen of
the same Act is hereby deleted and transferred to the powers and duties
of the City Mayor under sub-paragraph (j) of Section nine.
Sec. 9. Section seventeen of the same Act is
hereby amended to read as follows:
"Sec. 17. City Departments. — There shall be the
following city departments over which the City Mayor shall have direct
control and supervision, any existing law to the contrary
notwithstanding: (a) Finance and Assessment Department; (b) Engineering
and Public Works Department; and (c) Law Department; (d) Health
Department; and (e) Police and Fire Department.
"The City Council may from time to time make such readjustments of the
duties of the different departments as the public interest may demand
and, with the approval of the President, may consolidate any
department, division or office with any other department, division or
office of the city, of may divide big departments into separate
offices."
SECTION 10. Section twenty-one of the same Act is
hereby amended to read as follows:
"Sec. 21. The General Auditing Office. — The Auditor
General shall appoint a city auditor who shall have the rank of a chief
of a city department and shall receive a compensation in accordance
with the provisions of existing laws on city officials, one half of
which shall be payable from the national government funds. The city
auditor shall receive and audit all accounts of the city in accordance
with the provisions of law relating to government accounts and
accounting. The personnel in the office of the city auditor shall be
paid out of national government funds."
SECTION 11. Section twenty-two of the same Act is
hereby amended to read as follows:
"Sec. 22. The Bureau of Public Schools. — The
Director of Public Schools shall exercise the same jurisdiction and
powers in the city as elsewhere in the Philippines, and a city
superintendent of schools shall be appointed with all the powers and
duties in respect to the schools of the city as are vested in division
superintendents in respect to schools of their division: provided, that
salaries of the city superintendent of schools, supervisors,
principals, teachers and other operational expenses of the primary,
intermediate, high school, and other public schools in the city as well
as other personnel shall be borne by the National Government. The city
superintendent of schools shall make a quarterly report of the
condition of the schools and school buildings of the city to the City
Mayor.
SECTION 12. Section twenty-three of the same Act is
hereby amended to read as follows:
"Sec. 23. The Land Registration Commission. — The
Commissioner of the Land Registration Commission shall exercise the
same jurisdiction and powers in the city as elsewhere in the
Philippines, and an office of the Register of Deeds shall be
established in the city."
SECTION 13. Section seventy of the same Act is
hereby amended to read as follows:
"Sec. 70. The City Engineer. — There shall be a City
Engineer who shall have charge of the engineering and public works
department. He shall receive a salary in accordance with the provisions
of existing laws and shall be taken from the Special Highway Fund."
SECTION 14. Section seventy-one of the same Act is
hereby amended to read as follows:
"Sec. 71. Execution of authorized public works and
improvements. — All repair or construction of any work or public
improvements, except parks, boulevards, streets or alleys, involving an
estimated cost of twenty-five thousand pesos or more shall be awarded
by the City 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 by
publication in the Official Gazette, both for not less than ten days:
provided, however, that the city engineer may, with the approval of the
President of the Philippines, upon the recommendation of the Secretary
of Public Works and Communications, execute by administration any such
public work costing twenty thousand pesos or more.
"In case of public works involving an expenditure of less than twenty
thousand pesos, it shall be discretionary with the city engineer either
to proceed with the work himself or let the contract to the lowest
bidder after such publication and notice as shall be deemed appropriate
or as may be, by regulations, prescribed."
SECTION 15. That portion of the first paragraph of
Section seventy-two of the same Act preceding the enumeration of powers
and duties, is hereby amended to read as follows:
"Sec. 72. The City Fiscal. — There shall be a City
Fiscal who shall discharge his duties under the general supervision of
the Secretary of Justice. The City Fiscal shall receive a salary in
accordance with the provisions of existing laws, one half of which
shall be payable from the national government funds. The City Fiscal
shall be the legal adviser of the city and all offices and departments
thereof. He shall have the following powers and duties."
SECTION 16. Section seventy-three of the same Act is
hereby amended to read as follows:
"Sec. 73. The City Health Officer. — There shall be
a City Health Officer who shall have charge of the City Health
Department and shall receive a salary in accordance with the provisions
of existing laws, one half of which shall be paid by the National
Government.
"He shall have the following powers and duties:
"(a) He shall exercise general supervision over the
health and sanitary conditions of the city, including the cleaning of
crematories, cemeteries, stockyards, slaughterhouses, and
markets.
"(b) He shall execute and enforce all laws,
ordinances and regulations regulating to the public health.
"(c) He shall recommend to the City Council the
passage of such ordinance as he may deem necessary for the preservation
of the 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 proper national police officer and such sanitary
inspectors as may be authorized by law.
"(f) He shall as ex-officio local civil registrar,
keep a civil register for the city and shall record therein all births,
marriages, deaths and other registrable certificates as provided in the
Civil Registry Law; and shall receive the additional compensation to
which ex-officio officials are entitled.
"(g) He shall have control and supervision over
puericulture centers and social services 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 Secretary of Health shall direct. In case
of epidemic or when the inhabitants of the city are menaced by any
infectious or contagious diseases, the Secretary of Health shall assume
full control of the health and sanitation services of the city until
such condition shall have ceased to exist.
"There shall be assigned to the city health office of Dapitan two rural
health physicians, two public health dentists, two rural health nurses,
three public health midwives and two rural sanitation inspectors
dispersed in strategically located barrios in the City of Dapitan whose
salaries shall be paid out of national funds. All health personnel in
the city shall be under the immediate control and supervision of the
City Health Officer.
"There shall be allocated annually out of the savings of the Department
of Health the amount of twenty-five thousand pesos for the maintenance
and operation of the City Health Department, and shall be used for the
following purposes:
"(a) Payment of salaries, per diems and traveling
expenses of health personnel not fully paid out of national funds.
"(b) Purchase of medicines, medical supplies,
vaccines, disinfectants, instruments, equipment and gasoline.
"(c) Other incidental and operational expenses for
carrying out the purpose of law relating the preservation and
maintenance of public health.
"(d) If at the close of the fiscal year, there shall
remain any balance in said fund, such balances shall accumulate from
year to year for the purpose of establishing or repairing health
centers, purchase of land or water transportation and carrying out
other permanent sanitary improvements."
SECTION 17. That portion of the first paragraph of
Section seventy-four of the same Act preceding the enumeration of
powers and duties, is hereby amended to read as follows:
"Sec. 74. The Chief of Police. — There shall be a
Chief of Police who shall have charge of the police department and
shall receive a salary in accordance with the provisions of existing
laws. No person shall be appointed as Chief of Police unless he is or
has been a regular or reserve officer of the Armed Forces of the
Philippines with a minimum rank of captain, or possessing the
corresponding civil service eligibility for said position. He shall at
the same time be the ex-officio chief of the Fire Department and shall
receive the additional compensation to which ex-officio officials are
entitled. He shall have the following powers and duties."
SECTION 18. This Act shall take effect upon its
approval.
Enacted without Executive
approval, June 17, 1967.
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