A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Commonwealth Acts :
Section 1. This Act shall be known as "The Charter of the City of Bacolod."
Section 10. General powers and duties of the Mayor. — As chief executive
of the city government, the Mayor shall have immediate control over the
executive and administrative functions of the different departments,
subject to the supervision of the Secretary of the Interior, and shall
be held accountable for the proper administration of all affairs of the
Section 11. Secretary to the Mayor. — The Mayor shall appoint the
secretary who shall have the following duties:
Section 12. Execution of authorized public works and improvements. — All
public works of construction, repair, and improvement of the city shall
be carried on by administration under the direction of the city
engineer. For justified reasons, the Mayor, upon recommendation of the
city engineer, may also have said work done totally or partially by
contract, upon advertising for bids therefor In this event, the Mayor
shall advertise for sealed bids or proposals for the same in two
newspapers of general circulation in the City of Bacolod, one in the
native language generally spoken in the city and the other in English
or Spanish, for a period of one week, the first insertion to be less
than ten days before the day fixed for opening such proposals. A plan
or profile of the work to be done, accompanied by specifications for
the performance of the same, shall, before advertisement, be placed on
file in the office of the city engineer, which plan, profile and
specifications shall, at all times, be open for public inspection. All
bids shall be opened in the presence of the Mayor and the city engineer
at the advertised time and place. Each bid shall be accomplished by a
deposit, the amount and character of which shall be fixed by the Mayor
and named in the advertisement, and which in no case shall be less than
ten per centum nor shall exceed twenty-five per centum of the estimated
cost of the improvement or work to be done. Such deposit shall be
forfeited to the city if the bidder in case the contract shall be
awarded to him shall neglect or refuse to enter into a contract, with
approved sureties, to execute the work for the price mentioned in his
bid and according to the plans and specifications. The Mayor may upon
recommendation of the city engineer reject any or all bids received.
Should all bids be rejected, or should it become necessary for any
reason to call for new bids, subsequent advertisement shall be for a
period of five days and in the manner above prescribed. Bonds, to be
approved by the Mayor, shall be taken for the faithful performance of
all contracts. Contracts shall be executed in triplicate by the Mayor
and by the contractor, and one original shall be filed in the office of
the Mayor, one in the office of the Auditor, and the third shall be
given to the contractor.
The City Council
Section 13. Constitution and Organization of the City Council. —The City
Council shall be the legislative body of the City, and shall be
composed of the city mayor, the city engineer, the city treasurer, and
six councilors, two appointed by the President, with the consent of the
Commission on Appointments of the National Assembly, and the other four
elected by popular vote. The Mayor shall act as president of the
Council. Pending the next general elections the offices of said four
elective councilors shall be filled in the same manner as the offices
of the appointive councilors.
Section 16. Method of transacting business by Council; Veto, authentication and publication of ordinances. — Unless the Secretary of the Interior orders otherwise, the Council shall hold ordinary sessions twice a week for the transaction of business on days which it shall fix by resolution, and such extraordinary sessions, not exceeding ten days any one year, as may be called by the Mayor, except the sessions provided for in section thirty-seven of this Charter. It shall sit with open doors unless otherwise ordered by an affirmative vote of four members. He shall keep a record of its proceedings and determine it rules of procedure. Five members of the Council shall constitute a quorum for the transaction of business, and four affirmative votes shall be necessary for the passage of any ordinance, resolution, or motion. 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 ordinance enacted by the Council, and each resolution or motion directing the payment of money or creating liability, shall be forwarded to the Mayor for his approval. Within ten days after the receipt of the ordinance, resolution or motion, the Mayor shall return it with his approval or veto. If he does not return it within that time, it shall be deemed to be approved. If he returns it with his veto, his reasons therefor in writing shall accompany it. It may then be again enacted by the affirmative vote of two-thirds of the members of the Council.
Other City Officers and Offices
Section 20. Powers and duties of the City Engineer. — The city engineer
shall be in charge of the department of engineering and public works.
He shall have charge of all the surveying and engineering work of the
city, and shall perform such services in connection with public
improvements, or any work entered upon or projected by the city, or any
department thereof, as may require the skill and experience of a civil
engineer. 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; 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; shall make such tests and
inspection of engineering materials used in construction and repair as
may be necessary to protect the city from the use of materials of a
poor or dangerous quality; shall inspect and report upon the condition
of public property and public works whenever required by the Mayor;
shall have the care and custody of all public buildings rented for city
purposes, and of any system now or hereafter established for lighting
the streets, public places, and public buildings of the city; shall
prevent the encroachment of private buildings and fences on the streets
and public places of the city, 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; shall maintain, clean, sprinkle, and regulate
the use of the same for all purposes as provided by ordinance; shall
collect and dispose of all garbage, refuse, the contents of closets,
vaults and cesspools, and all other offensive and dangerous substances
within the city; shall have the care and custody of all public docks,
wharves, piers, levees, and landing places, when erected; 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; shall have the care and
custody of the public system of waterworks and sewers, and all sources
of water supply, and shall control, maintain, and regulate the use of
the same, in accordance with the ordinances relating thereto; shall
inspect and regulate, subject to the approval of the Mayor, 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. He shall file and preserve all maps, plans, notes,
surveys, and other papers and documents pertaining to his office. He
shall supervise the laying of mains and connections for the purpose of
supplying gas to the inhabitants of the city. He shall have power,
subject to the approval of the Mayor, to cause buildings dangerous to
the public to be made secure or torn down, and 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, at rates to be
fixed by the City Council with the approval of the Department Head, for
sanitation and transportation services and supplies furnished by his
Section 23. The Acting City Attorney. — In case of temporary disability or absence of the city attorney, and if the exigencies of the service so require, the Judge of the Court of First Instance, upon recommendation of the Mayor, shall appoint a practicing attorney to discharge the duties of the said city attorney. The appointee, while performing the duties of city attorney, shall have the duties, rights, and compensation of the city attorney.
Section 24. The Chief of Police. — There shall be a chief of police who
shall have the following general powers and duties:
Section 25. Peace Officers. — The chief of police, all city officers, and all members of the police force and secret service shall be peace officers and all are authorized to serve and execute all processes of courts to whosoever directed, within the jurisdiction or police limits of the city; and, within the same territory, they may pursue and arrest, any person found in suspicious places or under suspicious circumstances reasonably tending to show that such person has committed, or is about to commit, any crime or breach of peace; may arrest or cause to be arrested any offender when the offense is committed in the presence of a peace officer or within his view; and, in such pursuit or arrest, may enter any building 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; they shall detain such person only until he can be brought before the proper court, and shall have such other powers and perform such other duties as may be prescribed by law or ordinance. 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 violation of law and order, he shall have power to swear in special police, in such numbers as the occasion may demand. Such special police shall have the same powers, while on duty, as members of the insular force.
Section 26. The City Treasurer. — There shall be a city treasurer who
shall have the following general powers and duties:
Section 27. The City Assessor. — There shall be a city assessor who
shall have the following general powers and duties:
"I hereby certify that the foregoing list contains a true statement of the piece or pieces of taxable real estate belonging to each person named in the list, and its true cash value and that no real estate taxable by law in the City of Bacolod has been omitted from the list, according to the best of my knowledge and belief.
The duties of the city assessor shall be performed by the city treasurer until the City Council shall have, by ordinance approved by the Secretary of the Interior, provided for the creation of a separate department of assessment.
"I do solemnly swear (or affirm) that I will well and truly hear and determine all matters and issue between the city assessor and taxpayers submitted for my decision. So help me God. (In case of affirmation the last four words are to be stricken out).
"Subscribed and sworn to (or affirmed) before me this day of 196________.
(Signature of officer administering oath)
Section 29. Exemptions from Taxation. — Lands and buildings owned by the United States of America, the Government of the Philippines, the City of Bacolod, the Province of Occidental Negros, and burying grounds, churches, and their adjacent personages and convents, and lands for buildings used exclusively for religious, charitable, scientific, or educational purposes, and not for profit, shall be exempt from taxation; but such exemption shall not extend to lands or buildings held for investment, though the income therefrom be devoted to religious, charitable, scientific, or educational purposes.
Section 30. Taxes on Real Estate. — A tax the rate per centum of ad
valorem taxation not to exceed two per centum, to be determined by the
City Council, shall be levied annually on or before the second Monday
of February on the assessed value of all real estate in the city
subject to taxation. Taxes shall be due and payable annually on and
after the first day of March.
Section 31. Taxes on Real Estate — Sale of Personality. — In the event that such tax and penalty shall remain unpaid one month after payment thereof shall have become due, the city treasurer shall prepare and sign a certified copy of the records of his office, showing the person delinquent in payment of the taxes and the amounts of tax and penalty respectively due from them. He shall proceed at once to seize the personal property of each delinquent, and, unless redeemed as hereinafter provided, to sell at public auction, either at the main entrance of the municipal building or at the place where such property is seized, as he shall determine, so much of the same as shall satisfy the tax, penalty, and costs of seizure and sale, to the highest bidder for cash, after due advertisement by notice posted stating the time, place, and cause of sale. The certified copy of the city treasurer's record of delinquents shall] be his warrant for his proceedings, and the purchaser at such sale shall acquire an indefeasible title to the property sold. Within two days after the sale the city treasurer shall make return of his proceedings and spread it upon his record's. Any surplus resulting from the sale, over and above the tax, penalty, and costs, shall be returned to the taxpayer on account of whose delinquency the sale has been made. It shall be essential to the validity of tax sales of real estate hereunder that the city treasurer shall have attempted to make out of the personal property of the taxpayer the tax due upon his real estate. The remedy provided herein for the collection of taxes upon real estate by levying upon the personal property of the taxpayer shall be deemed to be cumulative only. The owner of the personal property seized may redeem the same from the collecting officer at any time after seizure and before sale by tendering to him the amount of the tax, the penalty, and costs incurred upon to the time of tender. The costs to be charged in making such seizure and sale shall only embrace the actual expense of seizure and preservation of the property pending the sale, and no charge shall lie imposed for the services of the collecting officer or his deputy.
Section 32. Taxes on Real Estate. — Liens — Sale of Real property. —
Taxes and penalties assessed against real property shall constitute a
lien thereon, which lien shall be superior to all other liens,
mortgages, or encumbrances of any kind whatsoever; shall be enforceable
against the property whether in the possession of the delinquent or any
subsequent owner, and can only be removed by the payment of tax and
penalty. The lien for the taxes shall attach to the real property from
the first day of March of the year in which the taxes are due. In
addition to the last mentioned procedure the city treasurer may, upon
the warrant of the certified record required in the last preceding
section, one month following the date of delinquency, advertise the
real estate of the delinquent for sale, or so much thereof as may be
necessary to satisfy all public taxes upon said property as above, and
costs of sale, for a period of thirty days.
Section 33. Taxes on Real Estate — Redemption of Real property. — Within
one year from the date of sale the delinquent taxpayer, or anyone for
him, shall have the right of paying to the city treasurer the amount of
the public taxes, penalties, and costs, together with interests on said
purchase price at the rate of fifteen per centum from the date of
purchase to the date of redemption; and such payment shall entitle the
person paving to the delivery of the certificate issued to the
purchaser and a certificate from the city treasurer that he has thus
redeemed the real estate, and the city treasurer shall forthwith pay
over to the purchaser the amount by which such land has thus been
redeemed and the land thereafter shall be free from the lien of such
taxes and penalties.
Section 35. Taxes — Legal Procedure. — (a) The assessment of a tax shall
constitute a lawful indebtedness from the taxpayer to the city which
may be enforced by a civil action in any court of competent
jurisdiction, and this remedy shall be in addition to all other
remedies provided by law.
Section 36. Powers and Duties of Heads of Departments. — Each head of
department of the city government shall be in control of such
department, under the supervision and control of the Mayor and shall
possess such powers as may be prescribed herein or by ordinance. He
shall certify to the correctness of all payrolls and vouchers of his
department covering the payment of money before payment, except as
herein may otherwise be expressly provided. On or before the first day
of September of each year, he shall prepare and present to the Mayor
for submission to the Council an estimate of the receipts and
appropriation necessary for the operation of his department during the
ensuing year, and shall submit therewith such information for purposes
of comparison as the Mayor may desire. He shall make to the Mayor, as
often as required, reports covering the operation of his department.
Section 37. Appointment and Removal of Officials and Employees —
Compensation. — The President shall appoint, with the consent of the
Commission on Appointments of the National Assembly, the judge and
auxiliary judge of the Municipal Court, the city engineer, the city
treasurer, the city assessor, the city auditor, the city attorney and
assistants, the chief of police and the other heads of the city
departments as may be created from time to time, and he may remove at
pleasure any of the said appointive officers, except the judge and the
auxiliary judge of the Municipal Court, who may be removed only
according to law.
Section 38. Officers not to Engage in Certain Transactions or Receive
Favors or Advantages. — It shall be unlawful for any city officer,
directly or indirectly, individually or as a member of a firm, to
engage in any business transaction with the city, or with any of its
authorized officers, board, agents, or attorneys, whereby money is to
be paid, directly or indirectly, out of the resources of the city to
such person or firm; or to purchase any real estate or other property
belonging to the city, or which shall be sold for taxes or assessments,
or by virtue of legal process at the suit of the city or to be surety
for any person having a contract or doing business with the city, for
the performance of which security may be required; or to receive any
favors, free tickets, passes or services direct or indirect, from
corporations, firms, or persons upon terms more advantageous to the
recipient than those generally accorded to the public.
Bureaus Performing Municipal Duties
Section 39. 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 the government account and accounting.
Section 40. The Division of Purchase and Supply. —The Purchasing Agent shall purchase and supply in accordance with law all supplies, equipment, material, and property of every kinds except real estate, for the use of the city and its departments and offices. But 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 contractors shall not be deemed to be within the provisions of this section.
Section 41. The Bureau of Education. — The Director of Education shall
exercise the same jurisdiction and powers in the city as elsewhere in
the Philippines, and the division superintendent of schools for the
Province of Occidental Negros shall have all the powers and duties in
respect to the schools of the city as are vested in division
superintendents in respect to the schools of their divisions.
Section 42. Reports to the Mayor concerning Schools Construction and Custody of School Buildings. — The division superintendent of schools shall make an annual report of the condition of the schools and school buildings of Bacolod to the Mayor, and such recommendations as seem to him wise in respect to the number of teachers, their salaries, new buildings to be erected, and all other similar matters, together with the amount of city revenues which should be expended in paying teachers, and improving the schools or school buildings of the city. The local school board shall make a similar annual report to the Mayor.
Section 43. The City Health Officer. — There shall be a health officer
who shall have the following general powers and duties:
Tax Allotments and Special Assessment for Public Improvements
Section 44. Allotments of internal revenue and other taxes. — Of the internal revenue accruing to the National Treasury under section four hundred and ninety of the Administrative Code, and other taxes collected by the National Government and allotted to the various provinces, the City of Bacolod shall receive a share equal to what it would receive if it were a regularly organized province.
Section 46. Contents of Special Assessments Ordinance. — The ordinance providing for the levying and collection of special assessment shall describe in terms of reasonable accuracy the nature, extent, and location of the proposed improvement; the probable cost of the improvement; the rate per centum of the cost to be defrayed by special assessment; the district which shall be subject to the payment of the said per centum of the proposed improvement, delimiting the same by metes and bounds, and the number of annual installments, which shall not be less than five, in which such special assessment shall be paid without any interest. The City Council shall not be required to fix one equal rate per centum for all the taxable real estate in the entire district, but may fix different rates for real estate in different parts or sections of the same, according as said property will derive greater or less benefit from the contemplated improvement.
Section 50. Change of government. — The city government provided for in this Charter shall be organized immediately after the appointment and qualification of the City Mayor, and the appointment and induction into office of the members of the City Council, as herein provided, or as soon thereafter as possible. The territory of the city, upon completion of the organization of the municipal government, shall cease to be under the jurisdiction of the Provincial Government of Occidental Negros.
Section 51. Conduct of elections in Bacolod. — For the effectuation of the purposes of the Election Law in the election of public officers for the City of Bacolod, the duties which are by said law made incumbent upon provincial boards and municipal councils shall be performed by the City Council of Bacolod, and the duties imposed by said law upon provincial treasurers and municipal secretaries shall be performed by the Secretary to the Mayor.
Section 52. Assembly Districts — Provincial Capital. — Until otherwise provided by law, the City of Bacolod shall continue as part of the Second District of the Province of Occidental Negros and the capital of the province, only for residential purposes of the Provincial Government shall remain as heretofore.
Section 53. Provincial buildings and properties. — The buildings and
properties which the province shall abandon upon the transfer of the
capital to another place will be acquired and paid for by the City of
Bacolod at a prize to be fixed by the Auditor General.
Effectivity of the Act
Section 54. Effectivity. — This Act shall take effect upon its