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REPUBLIC ACT NO. 5525 - AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWENTY-TWO HUNDRED THIRTY-FOUR, KNOWN AS THE CHARTER OF THE CITY OF LEGAZPI
1. Subparagraph (e) of Section nine of Republic Act
Numbered Twenty-two hundred thirty-four is amended to read as
"(e) To see that the executive officers and employees of the city properly 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 and make the corresponding change in the title within the same department without changing the compensation they receive."
Sec. 2. The same Act is amended by adding after subparagraph (o) of Section nine thereof the following new subparagraph, to be known as subparagraph (p), to read as follows:
"(p) To create the positions of a City Legal Officer, Executive Assistant and City Information Editor for which there shall be appointed by the Mayor, subject to the Civil Service Law, rules and regulations, a Legal Officer, Executive Assistant and City Information Editor. Any existing provisions of law and executive orders to the contrary notwithstanding, such Legal Officer, Executive Assistant and City Information Editor shall have the rank, salary, emolument, and privileges of a city department head.
"The functions thereto performed by the City Fiscal in serving as legal adviser and legal officer for civil cases of the city shall be transferred to the City Legal Officer.
"The duly appointed City Legal Officer, Executive Assistant, and City Information Editor shall remain and continue as such City Legal Officer, Executive Assistant, and City Information Editor Officer without the necessity of a new appointment."
Sec. 3. 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 take charge and custody of all record and documents of the city and of any office or department therein for which provision is not otherwise made; shall keep the corporate seal and affix the same with his signature to 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, proclamation, 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 a 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 by the heads of departments of the city government by Section twenty-one hereof. The position of Secretary shall be regarded as within the unclassified civil service but may be filled in the manner in which classified positions are filled, and if so filled, the appointee shall be entitled to all the benefits and privileges of classified employee, except that he 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 an annual salary to be determined by the Municipal Board and in no case, however, shall it be less than six thousand six hundred pesos per annum nor shall it exceed that of a city department head."
Sec. 4. 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 Public Services and Social Welfare.
"The Municipal Board may from time to time, by ordinance, make such readjustment of the duties of the several departments as the public interest may consolidate any department, division or office of the city with any other department, division or office."
Sec. 5. Section twenty-five of the same Act, is amended to read as follows:
"Sec. 25. The Bureau of Public Schools. — Superintendent of City Schools. — The Director of the Bureau of Public Schools shall exercise the same jurisdiction and powers in the city as elsewhere in the Philippines, and the city superintendent of schools shall have all the powers and duties in respect to the schools of the city as are vested in division superintendents in respect to schools of their division.
"Any provision of law to the contrary notwithstanding, the city is hereby constituted as a separate school division. The city superintendent of schools shall receive a salary fixed by law: Provided, That the salaries of the city superintendent, supervisors, principals, teachers and other operational expenses of the primary, intermediate, secondary and other public schools in the city shall be borne by the National Government. The clerical force and assistants and laborers in the office of the city superintendent of schools shall be appointed by the City Mayor in accordance with the Civil Service Law, and their salaries shall be paid by the city as well as the office expenses for supplies and materials incident to the operation of said office.
"The Municipal Board shall have the same powers in respect to the establishment of schools as are conferred by law on municipal councils."
Sec. 6. Section twenty-six of the same Act is amended to read as follows:
"Sec. 26. The City Register of Deeds. — The city shall have a Register of Deeds who shall take charge of the registration of real properties situated within the city and such related activities connected therewith. In addition, he shall exercise and perform such powers and duties as provided by law or ordinance. He shall receive a salary fixed by existing law.
"The Commissioner of the Land Registration Commission shall exercise the same jurisdiction and powers in the city as elsewhere in the Philippines.
"The Register of Deeds of the Province of Albay shall act as city register of deeds ex officio of the City of Legazpi until such time when a regular register of deeds shall have been appointed and duly qualified."
Sec. 7. The same Act is amended by adding new section after Section twenty-eight thereof to be known as Section twenty-eight-A, to read as follows:
"Sec. 28-A. The Albay Provincial Hospital shall continue to provide such hospital facilities and medical services to the City of Legazpi as it does until such time that the city shall have established its own city hospital: Provided, however, That any existing provisions of law to the contrary notwithstanding, the City of Legazpi shall contribute annually for the support of the Albay Provincial Hospital, such amount which shall be determined by the Secretary of Health, which in no case however shall exceed five per centum of its annual general income.
"The City of Legazpi shall be exempt from annual contribution for the support of the Albay Provincial Hospital immediately upon establishment of a city hospital."
Sec. 8. The first paragraph of Section thirty 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 concurrently be the ex officio district engineer of the Highway Engineering District comprising the Municipalities of Rapurapu, Manito, Daraga and Camalig. He shall receive a salary of not less than five thousand one hundred pesos per annum. He shall have the following duties:"
Sec. 9. 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 improvements involving an estimated cost of twenty-five 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, and by publication in any newspaper of local circulation 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-five thousand pesos or more: Provided, finally, That for all projects financed by city funds, the city engineer may, with the approval of the Mayor, upon the recommendation of the Municipal Board, execute by administration any such public works costing twenty-five thousand pesos or more.
"In case of public works involving an expenditure of less than twenty-five thousand pesos, it shall be discretionary with the city engineer with the approval of the Mayor either to proceed with the work himself or to let the contract to the lowest bidder after such publication and notice as shall be deemed appropriate or as may be, by regulation, prescribed.
"Pending the creation of the position of city public works supervisor and appointment of such official as provided under Republic Act Numbered Fifty-one hundred eighty-five, the functions of said position shall be handled by the city engineer."
SECTION 10. Section thirty-three of the same Act is amended to read as follows:
"Sec. 33. The City Fiscal and Assistant City Fiscals. — The law department of the city shall consist of a City Fiscal and Assistant City Fiscals who shall discharge their duties under the general supervision of the Secretary of Justice. The City Fiscal shall receive a salary of five thousand one hundred pesos per annum. The first assistant city fiscal shall receive a salary of five thousand one hundred pesos per annum. The first assistant city fiscal shall receive a salary of four thousand pesos per annum; the second assistant city fiscal, three thousand nine hundred pesos per annum; the third assistant city fiscal, three thousand six hundred pesos per annum; the fourth assistant city fiscal three thousand three hundred pesos per annum and the fifth assistant city fiscal three thousand pesos per annum.
"The salary herein fixed shall be paid by the City of Legazpi: Provided, however, That no incumbent fiscal shall suffer by virtue of the provision of this Act any diminution in the salary actually received by him under existing laws; nor shall any person who may hereafter be appointed city fiscal or assistant city fiscal of the City of Legazpi receive a salary less than that authorized under existing laws for fiscals of corresponding or similar rank: Provided, further, That the difference between the salary fixed herein and that fixed in Republic Act Numbered Four thousand one hundred forty-two for city fiscals and assistant city fiscals of ranks corresponding to those named herein shall be paid by the National Government out of the funds of the National Treasury."
SECTION 11. Section thirty-eight of the same Act is amended to read as follows:
"Sec. 38. The Deputy Chief of Police. — There shall be a deputy chief of police whose duties shall be to act as chief in the absence or incapacity of the chief of police and, under 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 eight thousand four hundred pesos per annum."
SECTION 12. Section thirty-nine of the same Act is amended to read as follows:
"Sec. 39. Chief of Secret Service. — There shall be a chief of the secret service who shall, under the chief of police, have charge of the detective work of the department and of the detective force of the city, and shall perform such other duties as may be assigned to him by the chief of police or prescribed by law or ordinance. He shall receive a salary of not less than seven thousand two hundred pesos per annum."
SECTION 13. The third and sixth paragraphs of Section fifty-five of the same Act are respectively amended to read as follows:
"At the option of the taxpayer, the tax for any year may be paid in two installments to be fixed annually by the Municipal Board simultaneously with the rate per centum of ad valorem taxation: Provided, That the time limit for the first and second installments shall be set at not later than the thirty-first day of May and the thirty-first day of October of each year, respectively: Provided, finally, That if the first installment is paid on time but the second installment is not paid on time, the penalties shall accrue only on the second installment.
"At the expiration of the time for the payment of the real estate tax without penalty, the taxpayer shall be subject, from the first day of delinquency, to the payment at the rate of two per centum for each full month of delinquency that has expired, on the amount of the original tax due or installment thereof, until the tax shall have been paid in full or until the property shall have been forfeited to the city as provided in this Act: Provided, That in no case shall the total penalty exceed twenty-four per centum of the original tax due."
SECTION 14. The second subparagraph (b) of Section seventy-one of the same Act is amended to read as follows:
"(b) No court shall entertain any suit assailing the validity of a tax, license or fee assessed under this Charter until the taxpayer shall have paid, under written protest and brought the court action within two years from said payment, the tax, license or fee assessed against him; nor shall any court declare any tax, license or fee invalid by reason of irregularities, informalities in the proceedings of the officers charged with the assessment or collection of taxes, licenses or fees or of a failure to perform their duties within the time specified for their performance, unless such irregularities, informalities, or failure shall have impaired the substantial rights of the taxpayer; nor shall any court declare any tax, license or fee assessed under the provisions of this Chapter invalid except upon condition that the taxpayer shall pay the just amount of his tax, license or fee as determined by the court in the pending proceeding, without prejudice, however, to the right of the city to avail of by ordinance the amount paid under protest, including amounts now with pending proceeding, until tax, license or fee is declared by the court invalid."
SECTION 15. The same Act is amended by inserting between Section seventy-one and seventy-two thereof, the following new Article to be known as Article XIV-A, to read as follows:
"ARTICLE XIV-A. — Department of Public Services and Social Welfare
"Sec. 17-A. City Public Service Officer. — There shall be a City Public Service and Social Welfare Officer to be appointed by the City Mayor and whose salary shall be provided in accordance with the current salary law, who shall have charge of the Department of Public Services and Social Welfare. He shall have the following powers and duties:
"(a) He shall have general supervision and control over the sanitary building and plumbing inspection service; care, custody and cleaning of all public buildings, markets and buildings rented for city purposes; public toilet; collection and disposal of garbage, refuse, contents of toilets and cesspools, and other offensive and dangerous substances within the city;
"(b) He shall have authority to charge, at rates to be fixed by the Municipal Board with the approval of the City Mayor, fees for public services and supplies furnished by his department to private parties;
"(c) He shall have authority to declare that any lot of ground within the City of Legazpi 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 stagnant of 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;
"(d) He shall have control and supervision over the social services of the city;
"(e) He shall cooperate with all public and private relief agencies and charitable organizations in their missions to the city and shall be the representative of the Mayor to these agencies and organizations in matters affecting the social needs and services of the city;
"( f ) He shall execute and enforce all laws, ordinances, and regulations relating to public services and social services;
"(g) 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 services and social services to the city;
"(h) He shall cause to be prosecuted all violations of laws, ordinances, or regulations relating to public services and social services; and
"(i) He shall have such powers and perform such other duties as may be prescribed by law or ordinances."
SECTION 16. Section eighty-nine of the same Act is amended to read as follows:
"Sec. 89. Regular and acting judges of city courts. — There shall be a city court for the City of Legazpi for which there shall be appointed three city judges to be known as judges of the first, second and third branches thereof, respectively.
"The Municipal Board may, when the circumstances so warrant and subject to the approval of the Secretary of Justice, appropriate an amount for the establishment of another branch of the city court, the judge thereof to be appointed as herein provided.
"The city judge may, upon proper application to the Secretary of Justice, be allowed a vacation of not more than thirty days every year with salary.
"In case of absence, incapacity or inability of the city judge, the Secretary of Justice shall designate the municipal judge of any of the adjoining municipalities to preside over the city court, and he shall hold office temporarily until the regular incumbent thereof shall have assumed office, or until another judge shall have been appointed in accordance with the provisions of this Charter. The municipal judge so designated shall receive the salary as municipal judge plus thirty per cent of the city judge whose office he has temporarily assumed to. The city judges shall each receive a salary of not less than sixteen thousand pesos per annum subject to such existing laws or amendments as may henceforth be provided for by law, whichever salary shall be higher: Provided, however, That the city judges shall continue to receive from the National Government the same amount of salary as is now being paid said judges as part of the National Governments share in accordance with existing law, and the difference thereof shall be paid by the city government.
"The city judges shall be entitled to such commutable allowances which should not be less than those granted to city department heads.
"The Municipal Board shall appropriate such amounts as may heretofore be necessary for the payment of the share of the city for the salaries of the city judges and may provide for such other commutable advances as it may deem necessary and proper."
SECTION 17. There is hereby appropriated, out of any funds in the National Treasury not otherwise appropriated, the sum of one hundred thousand pesos or so much thereof as may be necessary to carry out the purposes of this Act for the current fiscal year. Appropriations for the succeeding fiscal years shall be included in the annual General Appropriations Act.
SECTION 18. This Act shall take effect upon its approval.
Approved: June 21, 1969.