Section 1. Title. — This Act shall be known as the Charter of the City of
Tagaytay.
Section 2. Incorporation — Power. — The territory
within the boundaries described in the next succeeding section, and the
inhabitants thereof, shall be a municipality which shall be known as
the City of Tagaytay; and by that name shall have perpetual succession;
have and use a common seal and alter the same at pleasure; sue and be
sued, and prosecute and defend to final judgment and execution; take,
purchase, receive, hold, lease, convey, and dispose of real and
personal property, for the benefit of the city, within or without its
corporate limits: contract and be contracted with; and execute all the
powers hereinafter conferred.
Section 3. Boundaries. — The boundaries and limits of
the territory of said city are established and prescribed as follows:
Beginning at a point marked "1" on plan, being N. 68° 30' E., 1,310
meters from point "0", the intersection of the center lines of Alfonso
XII — Tagaytay and Cavite-Batangas interprovincial roads; thence N.
24º 48' C., 2,487 meters to point 2; thence N. 70º 56' E.,
16,332 meters to point 3; thence S. 51° 51' E., 2,946 meters to
point 4; thence S. 61° 10' W., 12,820 meters to point 5; thence S.
78° 40' W., 4,910 meters to point 6; and thence N. 24º 48' W.,
1,536 meters to point "1", the point of beginning; containing an area
of 6,500 hectares more or less. Bearings true. Provided, That the
President of the Philippines may, notwithstanding the provisions of
existing law to the contrary, by executive order extend the territorial
limits of the said city.
Section 4. Jurisdiction of city for police purposes. —
The jurisdiction of the City of Tagaytay for police purposes only shall
extend within the territorial limits of the said city; and for the
purpose of protecting and insuring the purity and quantity of 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, pumping
station or watershed, used in connection with the city water service.
The justice of the peace court of the city shall have concurrent
jurisdiction with the justice of the peace courts of the municipalities
within which the said territory within the drainage area and the said
space of one hundred meters are situated to try crimes and misdemeanors
committed therein. The court first taking jurisdiction of such an
offense shall thereafter retain exclusive jurisdiction thereof.
Provided, That offense or offenses and all other cases, criminal or
civil, appealable to, or cognizable by Court of First Instance shall be
tried by the Court of First Instance of the Province of Cavite.
Provided, further, That all fines, forfeitures, fees, and costs,
imposed by reason of offenses committed within the said space of one
hundred meters and territory within the said drainage area shall
accrue, not to the treasury of the City of Tagaytay but to the treasury
of the municipality in which the said space or territory in which the
offense committed is located.
Section 5. Moneys from sale of lands, etc., to accrue
to city. — All moneys received from the sale of public lands within the
city shall accrue to and be deposited in the treasury thereof, and all
the fees and charges accruing within the city under general law which
but for this Act would accrue to a province shall accrue to and be
deposited in the treasury of the city.
Section 6. Appointment of city officials. — The
President of the Philippines shall appoint, with the consent of the
Commission on Appointments of the National Assembly, the Mayor, the
Vice-mayor, and the members of the City Council, the city health
officer, the city engineer, the chief of police, the city treasurer,
the city assessor, the city attorney, and the assistant attorney, and
he may remove at pleasure any of the said appointive officers. He may
appoint to any of the above-named officers persons who already hold
official positions, and any officer or employee in the public service
who shall be appointed or designated to any authorized position in the
government of the city may, in the discretion of the appointing
authority, receive all or any part of the salary appropriated for the
position, other provisions of law to the contrary notwithstanding. In
case of sickness, absence, or inability to serve for any reason, of any
of the aforementioned officials, the President of the Philippines may
make a temporary appointment or designation until the return to duty of
such official. During the period of such temporary appointment or
designation, the person receiving the same shall possess all the powers
and perform all the duties pertaining thereto.
Section 7. Officers not to engage in certain
transactions. — No city officer or employee shall be directly or
indirectly interested in any city contract work, or in any business
transaction with the city whereby money is to be paid directly or
indirectly out of the revenues of the city to such person, or in any
games and amusements licensed by the city or in any business of the
city, or in the purchase of any real estate or any other property
belonging to the city.
Section 8. City not liable for damages. — The failure
of any city officer to enforce the provisions of this Act or any law or
ordinance, or the negligence of said officers while enforcing or
attempting to enforce the same, shall not cause the city to be held
liable for damages or injuries to persons or property.
Section 9. Additional powers and duties of officers. —
Every city officer shall, in addition to the powers and duties in this
Act expressly imposed and granted, have such further powers and perform
such further duties as may be prescribed by law or ordinance.
Section 10. Conduct of elections in the City of
Tagaytay. — For the effectuation of the purposes of the Election Law in
the election of public national officials, the duties which are by said
law made incumbent upon provincial boards and municipal councils shall
be performed by the City Council of Tagaytay, and the duties imposed by
said law upon provincial treasurers and municipal secretaries shall be
performed by the city secretary.
Section 11. The Mayor. — There shall be a Mayor who shall be a member of
the City Council, and who shall have the following general powers and
duties:
(a) He shall take care that the laws of the
Philippines, the provisions of this Act, and the ordinances and
resolutions of the city are duly observed and enforced within the
jurisdiction of the city.
(b) He shall see that all other officers of the city
faithfully discharge their respective duties, and to that end may, with
the approval of the Department Head, cause to be instituted any
appropriate criminal action, or take proceedings to bring the attention
of the proper superior officer to the derelictions of the city official.
(c) He shall give to the City Council from time to
time such information and recommend such measures as he shall deem
advantageous to the city.
(d) He shall preside at all meetings of the City
Council; shall have the right to vote on all ordinances or other
matters coming before the Council; shall sign the secretary's record of
the proceedings of each meeting of the Council at the same meeting at
which same is approved by the Council; and shall sign all ordinances
and resolutions.
(e) He shall have power to examine and inspect the
books, records, and papers of all officers, agents, or employees of the
city.
(f) He shall sign all warrants drawn on the city
treasurer and all bonds, contracts, and obligations of the city.
(g) He shall appoint, in accordance with the Civil
Service Law, the city secretary, all employees of the office of the
Mayor, and all heads and assistant heads of department of the city
which may be provided for by law or ordinance, and, at any time, for
cause, he may suspend any such officer or employee thus appointed for a
period not exceeding ten days, which suspension may continue for a
longer period if approved by the Department Head; and by and with the
consent of the Department Head may discharge any such officer or
employee.
(h) He shall cause to be instituted judicial
proceedings to recover property and funds of the city wherever found or
otherwise to protect the interests of the city, and shall cause to be
defended all suits against the city.
(i) He may release any person imprisoned for
violation of a city ordinance and remit the sentence of such person or
any part thereof.
(j) He shall, on of before the first day of December
of each year, prepare and present to the Department Head and the City
Council, in itemized form and in detail: (1) an inventory of lands,
buildings, and other property, real and personal, belonging to the
city, including cash in the treasury: (2) a statement of the
liabilities of the city; (3) an estimate of the revenues of the city
from all sources for the ensuing year, with a statement opposite each
item of the amount realized from such sources during the current year:
(4) an estimate of the ordinary expenses for the ensuing year, with a
statement opposite each item of the corresponding expenses during the
current year; (5) an estimate of such extraordinary expenditures as may
be necessary for any purpose, the approximate total expenditure
recommended, and the amount which it is expected to expend during the
ensuing year; also an itemized statement of the extraordinary
expenditures during the current year.
(k) He shall, as soon as practicable after the first
day of January of each year, prepare and present to the Department Head
an annual report covering the operations of the city government during
the preceding year.
Section 12. The Vice-Mayor. — There shall be a vice-mayor who shall be a
member of the City Council, and who shall, during the absence of the
Mayor from the city or his disability for any reason, discharge the
duties of his office and exercise all his powers, except that of
removing any officer from office.
Section 13. The City Council — Meetings — Ordinances. — There shall be a
City Council composed of the Mayor, vice-mayor, and three other
members, who, under the provisions of section five of this Act, shall
be appointed by the President of the Philippines with the consent of
the Commission on Appointments of the National Assembly. The Council
shall fix the time and place for its regular meetings, which shall be
held once in each week, and shall hold special meetings when called by
the Mayor. Any meeting, regular or special, may, in case the amount of
business shall require, be adjourned from day to day until the business
is completed. Meetings shall be open to the public, unless otherwise
ordered by an affirmative vote of a majority of its members. It shall
keep a record of its proceedings and determine its rules of procedure
not herein set forth. A majority of the Council shall constitute a
quorum for the transaction of business, but a smaller number may
adjourn from time to time. 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 motion or resolution. The
affirmative vote of a majority of all the members of the City Council
shall be necessary for the passage of any ordinance, or 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 meeting duly called and held. Each ordinance shall be
sealed with the city seal, signed by the Mayor and the city secretary,
and recorded in a book kept for that purpose. Each ordinance shall, on
the day after its passage, be posted by the city secretary at the main
entrance to the municipal building, and shall take effect and be in
force on and after the tenth day following its passage, if no date is
fixed in the ordinance.
Section 14. The City Council — Powers. — The
City Council shall have power by ordinance or resolution:
(a) To make all appropriations for the expenses of
government of the city, and establish and fix therein the salaries of
city officers and employees, except teachers in the public schools,
subject to approval by the Department Head.
(b) To provide for the levy and collection of taxes
and other city revenues, as provided by law, and apply the same to the
payment of municipal expenses in accordance with appropriations.
(c) To issue licenses fixing the amount of the
license fee for the following: Hawkers, peddlers, hucksters, not
including hucksters or peddlers who sell only native vegetables, fruits
or foods, personally carried by the huckster or peddler, auctioneers,
plumbers, barbers, embalmers, collecting agencies, mercantile agencies,
transportation companies and agencies, advertising agents, tattooers,
hotels, clubs, restaurants, lodging houses, boarding houses, livery
stables, boarding stables, laundries, cleaning and dyeing
establishments, establishments for the storage of highly combustible or
explosive materials, public warehouses, dance halls, circus, and other
similar parades, public vehicles, horse races, bowling alleys,
pawnbrokers, dealers in second hand merchandise, junk dealers, billiard
tables, theaters, theatrical performances, and all other performances
and places of amusement, shooting galleries, slot machines not used for
gaming, and merry-go-rounds; to license, regulate, or prohibit the
selling, giving away, or disposing in any manner of any intoxicating,
spirituous, vinous, or fermented liquors and determine the amount to be
paid for such licenses; to regulate and license signs, signboards, and
billboards displayed or maintained in any place exposed to public view,
except those displayed at the place or places where the profession or
business advertised thereby is in whole or part conducted.
If after due investigation, the Mayor shall decide
any person licensed under the provisions of this subsection is abusing
his license and privilege to the injury of the public morals and peace
or that any place so licensed has been or is conducted in a disorderly
or unlawful manner, or is a nuisance, or is permitted to be used as a
resort for disorderly characters, criminals, or women of ill repute he
may by order summarily revoke such license, subject to appeal to the
Department Head, whose action on the appeal shall be final. Such
revocation shall operate to forfeit to the city all sums which may have
been paid for said license and to prohibit the issuance to the person
whose license is so revoked of any other license for a term which may
be fixed in said order.
(d) To make regulations for the conducting of the
business of the persons and places named in subsection (c) of this
section. To regulate the business and fix the location of blacksmith
shops, foundries, steam boilers, steam engines, lumber yards, sawmills,
and other establishments likely to endanger the public safety by giving
rise to conflagrations or explosions; to regulate the storage and sale
of gunpowder, tar, pitch, resin, coal, oil, gasoline, benzine,
turpentine, hemp, cotton, nitroglycerin, petroleum, or any of the
products thereof and of all other highly combustible or explosive
materials.
(e) To regulate the use of the streets and public
places by vehicles; to regulate garages and stables and the keeping of
carriages, carts, and other conveyances for hire; and to designate
stands to be occupied by public vehicles when not in use.
(f) To provide for the erection and rental and care
of buildings necessary for the use of the city.
(g) To establish and maintain public schools, subject
to the limitations of law.
(h) To establish fire limits and regulate the kinds
of buildings and structures that may be erected within said limits, and
the manner of constructing and repairing the same.
(i) To erect engine houses, and provide fire engines,
hose carts, hooks and ladders, and other equipment for the prevention
of fires, and to provide for the management and use of the same. Until
further provision is made, the law providing for fire protection in
municipalities having no paid fire department, shall apply to the
city.
(j) To regulate the use of lights in stables, shops,
and other buildings and places, and to regulate or restrain the
building of bonfires and the use of firecrackers, fireworks, torpedos,
and pyrotechnic displays.
(k) To make suitable provisions to insure the public
safety from conflagrations and the effects of storms, and other public
calamities, and to provide relief for persons suffering from the same.
(l) To provide for laying out, opening, extending,
widening, straightening closing up, constructing, or regulating, in
whole or part, any public plaza, square, street-sidewalk, trail, park,
waterworks, or water mains, or any cemetery, sewer, sewer connection or
connections, either on, in, or upon public or private property; to
provide for ascertaining whether any, and what amount in value of,
damage will be caused, or benefit will accrue to the owner or possessor
of any land, premises, or improvements, whether public or private by
reason of any such work and for which the owner or possessor should be
compensated, or should pay a compensation, and provide for assessing,
levying, and collecting, either generally on the whole assessable
property within the city, especially on the property benefited, or on
all the property within any stated area or district within the bounds
of said city which it may create and establish for any such purpose,
the whole, or any part of the amount of damages and expenses which, as
so ascertained, will be incurred in and about any such work or
construction as aforesaid within the bounds of said city; to provide
for the payment of such compensation as may be found to be due to any
person or persons entitled thereto; to provide, when the owners or
possessor of such lands, premises, or improvements shall not properly
and fully pay to such official and at such time or times and manner as
it shall fix therefor any amount or amounts which may be found and
declared to be due as and for such assessment as aforesaid, for filing
in the proper and appropriate registers or records of property
declarations of such amounts so found due, which amounts shall, in each
and all cases and upon and after such filing, be and become liens upon
and against such lands, premises, or improvements; that said liens
shall have and take precedence over all other liens of every kind and
nature whatsoever whether antecedent or subsequent in point of time,
save and except annual or other regular tax liens; and that said liens
shall be enforced and collected by the same officials, in the same
manner and under the same penalties as to time and interest as annual
or other regular tax liens, and shall, when so paid and collected, be
paid in and credited to the appropriate assessment fund, whether
general or special, and be disbursed therefrom in such and no other
manner as shall be provided in the ordinance creating such assessment
and fund; to carry into effect by ordinance the powers hereinbefore
granted in this subsection, but no ordinance shall provide for more
than one project of any of the kinds named herein, nor create more than
one district, assessment, and fund necessary and appropriate therefor,
and in each and every such ordinance, provision shall be made for
notice to any and all persons interested, giving them and each of them
not less than two weeks from and after the date of depositing a notice
in the post office at the city in a securely sealed postpaid wrapper
addressed to each person affected thereby and assessed thereunder at
his last known place of residence, or at the city if no place of
residence is known, or to an agent who may be or may have been
appointed by such person in writing, in which to appear and file
objection to either the work itself, the method or manner of
assessment, the time or times and method of payment therefor, or to all
thereof, and such other and further objection or objections as may seem
to any such person or persons reasonable and proper in the premises;
such notice shall set forth the nature of the proposed improvement, the
estimated cost thereof, the total amount of the assessment to be levied
therefor, and the amount to be levied upon each parcel of the property
or possession of the addressee; any and every such appearance and
objection shall be made and heard only before the City Council, and
said Council may, at any such hearing, alter, modify, or increase the
area of such district, the total assessment thereof, or any individual
area of assessment objected to therein, and shall decide any and every
such objection within ten days after the filing thereof and give notice
of such decision to the person or persons interested in the manner
hereinbefore provided for notice of such assessment within five days
thereafter. And all assessments levied by virtue of this subsection
shall be levied only upon the basis of the value of the land benefited
and not upon improvements thereon, and all valuations of any and all
lands and premises made under the provisions hereof and for the
purposes herein-stated shall be the valuations thereof, last regularly
made for the purposes of annual taxation.
(m) To provide for the lighting, cleaning, and
sprinkling of streets and public places; to prevent and remove
encroachments and obstructions upon the same; to regulate or prevent
the use of the same for processions, signs, signposts, awnings, and
awning posts; to prohibit the throwing or depositing of offal, garbage,
refuse, or other offensive matter in the same, and to provide for its
collection and disposition; to regulate the openings therein for the
laying of gas, water sewer, and other pipes therein, the building and
repair of tunnels, sewers, and drains, and all structures therein and
thereunder, and the erecting of poles and stringing of wires therein;
to provide for and regulate crosswalks, curbs, and gutters therein; to
name and change the names of houses and lots fronting thereon; to
regulate traffic and sales upon the same; to abate nuisances in the
same, and punish the authors or owners thereof; to construct, maintain,
and regulate the use of bridges, viaducts, and culverts; to prevent and
regulate amusements having a tendency to annoy persons using the
streets or public places, or to frighten horses and other animals; to
regulate the speed of horses and other animals, vehicles, and
locomotives within the limits of the city.
(n) To provide for the inspection of all gas,
electric and telephone wires, conduits, meters, and other apparatus and
the condemnation and correction or removal of the same when dangerous
or defective.
(o) To maintain waterworks for the purposes of
supplying water to the inhabitants of the city, to purify the source of
supply, and regulate the control and use of the water and to fix and
collect rents therefor; to regulate the construction, repair, and use
of hydrants, pumps, cisterns, and reservoirs, and to prevent the waste
of water; and for the purpose of protecting and insuring the purity and
quantity of the water supply of the city, to extend its ordinance over
all territories within the drainage area of such water supply, and
within one hundred meters of any reservoir, conduit, canal, aqueduct,
pumping station, or watershed used in connection with the water service.
(p) To establish and maintain a city pound and fix
the fees for poundage; regulate, restrict, or prohibit the running at
large of domestic animals and dogs unlicensed, and provide for the
distraining, impounding, and killing or sale of the same for the
penalty incurred and the cost of the proceedings; also impose penalties
upon the owners of said animals for the violation of any ordinance in
relation thereto. But carabaos, horses, mules, asses, and all members
of the bovine family shall be disposed of in accordance with general
law.
(q) To regulate the keeping and use of animals, in so
far as the same affects the public health and the health of domestic
animals.
(r) To require any land or building which is in an
unsanitary condition to be cleansed at the expense of the owner or
tenant, and, upon failure to comply with such an order, have the work
done, and assess the expense upon the land or buildings.
(s) To fill up or require to be filled up to a grade
necessary for proper sanitation any and all lands and premises which
may be declared and duly reported by the Philippine Health Service as
being unsanitary by reason of being below such grade or which, in the
opinion of the Council, the public health or welfare may require.
(t) To construct and keep in repair public drains,
sewers, and cesspools, and regulate the construction and use of private
waterclosets, privies, sewers, drains, and cesspools.
(u) To prohibit the burial of the dead within the
center of population of the municipality and provide for their burial
in such proper place and in such manner as the Council may determine,
subject to the provisions of the general law regulating burial grounds
and cemeteries and governing funerals and the disposal of the dead.
(v) To establish or authorize the establishment of
slaughterhouses and markets, and inspect and regulate the use of the
same; to provide for and regulate the keeping, preparation, and sale of
meat, fruits, poultry, milk, fish, vegetables, and all other provisions
or articles of food offered for sale.
(w) To enforce the regulations of the Philippine
Health Service, and by ordinance to provide fines and penalties for
violations of such regulations; to adopt such other measures to prevent
the introduction and spread of disease as may, from time to time, be
deemed desirable or necessary.
(x) To declare, prevent, and abate nuisances.
(y) To provide for the recording of births,
marriages, and deaths.
(z) To establish, maintain, and regulate a police
force and prescribe the powers and duties of its members.
(aa) To establish, maintain, and regulate a city
prison.
(bb) To prohibit and provide for the punishment of
cruelty to animals.
(cc) To suppress gambling houses, houses of ill fame
and other disorderly houses; to prohibit the printing, sale, or
exhibition of immoral pictures, books, or publications of any
description.
(dd) To prevent and suppress riots, affrays,
disturbances, and disorderly assemblies; to punish and prevent
intoxication, fighting, quarrelling, and all disorderly conduct; to
make and enforce all necessary police ordinances; with the view to the
confinement and reformation of vagrants, disorderly persons;
mendicants, and prostitutes, and persons, convicted of violating any
city ordinance.
(ee) To establish, regulate, and maintain city
departments and prescribe the powers and duties thereof and readjust
the same.
(ff) To construct, erect, and establish a public
light, heat, and power supply and installation system, and to that end
to purchase, expropriate, or otherwise acquire all lands which may be
necessary, and to build, erect, and construct any and all buildings,
stations, and other structures, and to purchase any or all such
machinery, poles, wires, wagon, trucks, or other vehicles, supplies,
and equipment as may now or hereafter be necessary to the successful
operation of such system, as may be provided, by law.
(gg) To maintain and operate any electric light, heat
or power supply and installation System, however acquired; to keep the
same in repair, to alter, increase; extend, improve, enlarge or modify
the same or any part thereof, to replace worn or useless parts,
machinery, poles, animals, vehicles, trucks, wires, and other
equipment, and to operate, control, and manage the same.
(hh) For any and all the purposes contemplated in the
last two preceding subsections to enter, if necessary, into contracts
for partial or deferred payment, to, appoint and employ such officers,
clerks, employees, and laborers as may be necessary, and to appropriate
funds of the City of Tagaytay for all the purposes aforesaid.
(ii) To enter into contracts with, and to supply
electric light, heat, current, and other service to residents,
merchants, businessmen, and manufacturers in and about the City of
Tagaytay at rates and for prices not less than sufficient properly to
maintain and operate any such plant or system to pay for depreciations
in the same and for renewals and replacements of any and all parts
thereof and for all extensions, improvements, enlargements,
alterations, or changes thereof and therein.
(jj) To enter into a contract of lease, and to rent
or lease any electric light, heat, or power supply or installation
system whether erected, constructed, and established by the City
Council, or acquired by it through purchase, grant, or conveyance, or
in any other manner, to any person or persons, or to any corporation,
for proper and sufficient consideration and subject to the right of
supervision and control by the City Council over the operation of such
system and over the amount of heat, light, power and current delivered,
and the character of other services rendered and of the rates and
amounts charged therefor.
(kk) To fix penalties for violation of ordinances,
but no single penalty shall exceed a fine of two hundred pesos or
imprisonment for six months, or both; but imprisonment shall be imposed
in lieu of unpaid fines at the rate of one day's imprisonment for each
peso of the fine. Persons undergoing imprisonment for violation of
ordinances may be required to labor for the period of imprisonment upon
public works of the city in such manner as may be directed by the City
Council. Whenever a person is imprisoned for non-payment of a fine he
shall be released upon payment of such fine, less one peso per day for
each day that he has been confined. Pending appeal the defendant shall
remain in custody unless released upon sufficient bail, in accordance
with the general provisions of law, to await the judgment of the
appellate court.
(ll) To make such further ordinances and regulations
not repugnant to law as may be necessary to carry into effect and
discharge the powers and duties conferred by this Act and such as shall
seem necessary and proper to provide for the health and safety, promote
the prosperity, improve the morals, peace, good order, comfort, and
convenience of the city and the inhabitants thereof, and for the
protection of property therein; and enforce obedience thereto with such
lawful fines or penalties as the City Council may prescribe under the
provisions of subsection (kk) of this section.
Section 15. Restrictive provisions. — No commercial sign, signboard, or
billboard shall be erected or displayed on public lands, premises, or
buildings. If after due investigation, and having given the owners an
opportunity to be heard, the Mayor shall decide that any sign,
signboard, or billboard displayed or exposed to public view is
offensive to the sight or is otherwise a nuisance, he may order the
removal of such sign, signboard, or billboard, and if same is not
removed within ten days after he has issued such order, he may himself
cause its removal, and the sign, signboard, or billboard shall
thereupon be forfeited to the city, and the expenses incident to the
removal of the same shall become a lawful charge against any person or
property liable for the erection or display thereof.
Section 16. The City Secretary. — There shall be
a city secretary who shall have the following general powers and duties:
(a) He shall act as secretary of the City Council,
the board of tax appeals, and such other boards or committees as may
hereafter be created, and shall keep a journal of their proceedings.
(b) He shall record in a book kept for that purpose
all ordinances passed by the City Council, with the dates of passage
and publication of the same.
(c) He shall keep the corporate seal and affix the
same with his signature to all ordinances and other official acts of
the Mayor or Council.
(d) He shall cause each ordinance passed to be posted
as herein provided.
(e) He shall have charge of all records and documents
of the city for which provision is not otherwise made, and shall, on
demand, furnish certified copies of all city records and documents, and
collect and receive therefor such fees as the council may prescribe,
for the use of the city.
(f) He shall perform such other duties as the Mayor
or Council may direct.
Section 17. The City Health Officer. — There shall be a city health
officer who shall have the following general powers and duties:
(a) He shall have general supervision over the health
and sanitary condition of the city.
(b) He shall execute and enforce all laws,
ordinances, and regulations relating to the public health.
(c) He shall recommend, to the City Council the
passage of such ordinances 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 inspection and may be
aided therein by such members of the police force of the city or of the
Philippine Army as shall be designated as sanitary police by the chief
of police or proper Army officer and by such sanitary inspectors as may
be authorized by law.
(f) He shall perform such other duties, not repugnant
to law, with reference to the health and sanitation of the city as the
Director of Health shall direct.
Section 18. The City Engineer. — There shall be
a city engineer who shall have the following general powers and duties:
(a) 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, as may, require the skill and experience of a
civil engineer;
(b) He shall ascertain, record, and establish
monuments of the city survey and from thence extend the surveys of the
city, and locate, establish, and survey all city property, and also
private property abutting on the case, whenever directed by the
director of Public Works; 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, including markets
and slaughterhouses, and of any system established for lighting the
streets, public places, and public buildings; 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; shall regulate and
enforce the numbering of houses in accordance with the ordinances of
the city; shall have the care of all public streets, parks, cemeteries,
and bridges; 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, and cesspools,
and all other offensive and dangerous substances within the city in
accordance with ordinance; shall prepare plans and have charge of the
construction of any sewer and water supply system of the city hereafter
authorized; shall have the care and custody of any such 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 system for supplying
water to the city and its inhabitants, and all private sewers and their
connection with the public sewer system; and shall prepare plans, maps,
specifications, and estimates for buildings, streets, bridges, and
other public works, and supervise the construction and repair of the
same. But no construction involving public buildings, laying out of
streets or parks or change of existing buildings, streets, or parks
shall be begun without first having obtained plans therefor approved by
the Director of Public Works, and it shall be the duty of the Director
of Public Works to advise the Mayor, the City Council, and the city
engineer of the city on all matters pertaining to the architectural
features of construction, repair or alterations of a material nature of
public buildings and monuments of a permanent character, or any
construction involving a modification of the development plans,
including the laying out or alteration of public streets and parks,
and, upon request, to prepare plans, specifications, estimates, and
other information for public building or works of a permanent character
for the city.
(c) He shall file and preserve all maps, plans,
notes, surveys, and other papers and documents pertaining to his office.
(d) 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 locations and use of
engines, boilers; forges, and other manufacturing and heating
appliances in accordance with the law and ordinance relating thereto.
Section 19. Contracts. — All repair or construction of any work or
public improvement, except roads or trail, involving an estimated cost
of three thousand pesos or more, shall be awarded by the City Engineer
to the lowest responsible bidder after publication extending over a
period of at least ten days.
Publication in such case shall be effected by advertisement in the
Official Gazette, and by posting notice at the main entrance of the
municipal building of the city.
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 offices of the city engineer in Tagaytay and of the Director
of Public Works in the City of Manila, which plan, profile, and
specifications shall, at all proper times, be open for public
inspection. Each bid shall be accompanied by a deposit, the amount and
character of which shall be fixed by the city engineer and named in the
advertisement. Such deposit shall be forfeited to the city if the
bidder 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, in case the contract shall
be awarded to him. Bonds to be approved by the city engineer, shall be
taker, for the faithful performance of contracts. The city engineer
may, in his discretion, reject any and all bids, and if such bids are
too high may purchase the materials, hire the laborers, and supervise
the work. In the repair or construction of city roads, work may be done
by day labor and there need be no advertising or bidding, unless it
seems desirable to the city engineer when the regulations provided for
the repair of other works hereinbefore mentioned shall be followed.
Public works of all kinds costing less than three thousand pesos may be
undertaken either by day labor or by contract, and. may be let without
advertisement under such rules as may by the city engineer be
prescribed. Such contracts may be signed, on written order of the Mayor
by the city engineer.
Section 20. Purchases for city. — The Purchasing
Agent shall purchase all supplies, equipment, material and property of
every kind, except real estate, for the use of the city or any
department or office thereof, and shall supply the same to the city or
any department or office thereof in accordance with law. Provided, That
the city shall make its purchases without the intervention of the
Purchasing Agent when the needed supplies are obtainable at reasonable
prices in the locality or neighboring places. But contracts for
complete work of any kind for the use of the city, or any department or
office thereof, involving both labor and materials, where the materials
are furnished by the contractor and not by the city, shall not be
deemed to be within the provisions of this section, and such contracts
shall be made in accordance with other sections of this Act.
Section 21. The City Attorney. — There shall be
a city attorney who shall be the chief legal officer of the city, and
who shall have the following general powers and duties:
(a) He shall represent the city in all civil cases
wherein the city or any officer thereof, in his official capacity, is a
party.
(b) He shall, when required, draw ordinances,
contracts, bonds, leases, and other instruments involving any interest
of the city, and inspect and pass upon any such instruments already
drawn.
(c) He shall give his opinion in writing, when
requested by the Mayor or the Council, upon any question relating to
the city or the rights or duties of any city officer.
(d) He shall whenever it is brought to his knowledge
that any city officer is guilty of neglect or misconduct in office, or
that any person, firm, or corporation holding or exercising any
franchise or public privilege from the city, has failed to comply with
any condition, or to pay any consideration mentioned in the grant of
such franchise or public privilege from the city, has failed to comply
with any condition, or to pay any consideration mentioned in the grant
of such franchise or privileges, investigate or cause to be
investigated the same and report to the Mayor.
(e) He shall have charge of the prosecution of all
crimes and misdemeanors and violations of city ordinances appealed to,
or brought before, the Court of First Instance of the Province of
Cavite.
(f) He shall investigate all charges of crimes,
misdemeanors, and violations of city ordinances and prepare the
necessary informations or make the necessary complaints against the
persons accused, and discharge all other duties in respect to criminal
prosecutions enjoined upon provincial fiscals generally.
(g) He may conduct investigations in respect to
crimes, misdemeanors, and violations of ordinances by taking oral
evidence of reputable witnesses to appear and testify under oath before
him, and the attendance and evidence of an absent or recalcitrant
witness may be enforced by application to the justice of the peace
court of the City or the Court of First Instance of the Province of
Cavite.
(h) He shall cause to be investigated the causes of
deaths which have not been satisfactorily explained and when there is
suspicion that the causes arose from unlawful acts or omissions of
other persons or from foul play. For that purpose he may cause
autopsies to be made in case it is deemed necessary, and shall be
entitled to demand and receive for the purposes of such investigations
or autopsies the aid of the city health officer.
(i) He shall, when directed by the Mayor, institute
and prosecute in the city's interest a suit on any bond, lease or other
contract and upon any breach or violation thereof.
Section 22. The Assistant City Attorney. — There
shall be an assistant city attorney who shall assist the city attorney
as he shall direct.
Section 23. The Justice of the Peace Court. —
There shall be a justice of the peace and an auxiliary justice of the
peace for the city, who shall be appointed and have like powers,
duties, and jurisdiction as justices of the peace and auxiliary
justices of the peace generally; and in addition thereto, territorial
jurisdiction over the entire police zone of the city. Any other officer
authorized by law to act as justice of the peace in the city shall have
like and concurrent jurisdiction with the justice of the peace
authorized by this section. All fines, forfeiture, and fees imposed and
collected, whether by the justice of the peace authorized by this
section or any other officer authorized by law to act as justice of the
peace within the city, shall accrue to the benefit of the treasury
thereof.
Section 24. The Chief of Police. — There shall
be a chief of police who shall have the following general powers and
duties:
(a) He shall have charge of the organization,
government, discipline, and disposition of the city police and
detective force.
(b) He shall quell riots, disorders, disturbances of
the peace, and shall arrest and prosecute violators of any law or
ordinance; shall exercise police supervision over all land and water
within the police jurisdiction of the city, and shall arrest without
warrant, when necessary to prevent the escape of the offender,
violators of any law or ordinance, and all who obstruct or interfere
with him in the discharge of his duty; shall have charge of the city
prison; and shall be responsible for the safe-keeping 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 justice of the peace of court of any person
arrested for violation of any city ordinance.
(d) He shall have authority, within the police limits
of the city, to serve and execute criminal processes of any court;
shall either in person or by deputy, attend all sessions of the justice
of the peace of court; and shall promptly and faithfully execute all
orders of the Mayor and all writs and processes of the justice of the
peace court when placed in his hands for that purpose.
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 peace officers created
by this Act, or authorized by law or ordinance, and authorized to serve
and execute all processes of the justice of the peace court and
criminal processes of Insular courts to whomsoever directed, within the
jurisdiction or police limits of the city; and within the same
territory they may 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; may 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 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 magistrate, and
shall have such other powers and perform such other duties as peace
officers 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 regular office.
Section 26. The City Treasurer. — There shall be
a city treasurer who shall have the following general powers and duties:
(a) He shall collect all taxes due the city, all
licenses authorized by law or ordinance, all rents 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 receipt for all
fines, forfeitures, fees, and costs imposed by the justice of the peace
court.
(b) He shall receive and safely keep all moneys
arising from the revenues of the city, and shall expand and disburse
the same upon lawful warrants.
(c) He shall perform in the city the duties
prescribed by the Internal Revenue Law and section one thousand eight
hundred and forty-seven of the Revised Administrative Code for
provincial treasurer, and their deputies; such further duties
prescribed by law for provincial treasurers as are not inconsistent
with the provisions of this Act; and the duties prescribed by the
Registration Law for registers of deeds.
(d) He shall, when so directed or designated by the
Department Head, perform the duties of the city assessor.
(e) He shall discharge his duties in accordance with
the provisions of law relating to Government accounts and accounting.
(f) He shall render his accounts in such manner as
the Auditor General may prescribe; the Auditor General shall receive
and audit all accounts of the city in accordance with the provisions of
said law relating to Government accounts and accounting.
Section 27. The City Assessor. — There shall be
a city assessor who shall have the following general powers and duties.
(a) He shall annually assess and value for taxation
the real estate of the city, and for this purpose is empowered to
administer any oath authorized to be administered in the assessment or
collection of taxes.
(b) He shall make a list of all taxable real estate
in the city and the names of the owners thereof, with a brief
description opposite their names of the property owned by them and the
cash value thereof. In making this list the city assessor shall take
into consideration any sworn statement made by the owners of the
property, but shall not be prevented thereby from considering other
evidence on the subject, and exercising his own judgment in respect
thereto. For the purpose of completing this list he is authorized to
summon witnesses, administer oaths to them and subject them to
examination concerning the amount of real estate, its ownership, and
cash value. If the city assessor is unable to discover the owner of any
real estate, he shall nevertheless list the same for taxation and
charge the same against an unknown owner. In case of doubt or dispute
as to ownership of real estate, the taxes shall be levied against the
possessor or possessors thereof. Where it shall appear that there are
separate owners of the land and the improvements thereon, a separate
assessment of the property of each shall be made. If it shall be
discovered by the city assessor, or brought to his attention, that any
taxable real estate in the city has escaped listing, it shall be his
duty at once to list and value the same, and the duty of the city
treasurer to charge against the owner thereof the taxes due the current
year and for all other years since the original assessment, and the
taxes thus assessed shall be legal and collectible, and penalties shall
be added to the back taxes as if they were assessed at the time when
they should have been assessed.
(c) He shall complete the listing and valuation of
all real estate situated within the city on or before the thirty-first
day of December of each year, and when completed shall authenticate the
same by signing the following certificate at the foot of the list:
"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
Tagaytay has been omitted from the list, according to the best of my
knowledge and belief.
"________________"
(Signature)
(d) He shall, when the list shall be completed,
inform the public by notice published for seven days in a newspaper of
general circulation in the city, if any, and by notice posted for seven
days at the main entrance of the municipal building, that the list is
on file in his office, and may be examined by any person interested
therein, and that upon the date fixed in the notice, which shall not be
later than the tenth day of January, the city assessor will be in his
office for the purpose of hearing complaints as to the accuracy of the
listing of the property and the assessed value thereof. It shall be his
duty carefully to preserve and record in his office copies of said
notices. On the day fixed in the notice, and for five days thereafter,
he shall be present in his office to hear all complaints filed within
that period by persons against whom taxes have been assessed as owners
of real estate, and he shall make his decision forthwith and enter the
same in a well-bound book; to be kept by him for that purpose, and if
he shall determine that injustice has been done or error have been
committed he is authorized to amend the list in accordance with his
findings.
(e) He shall attend all meetings of the board of tax
appeals and furnish it with all written evidence in his possession
relating to assessment and valuation. He shall likewise furnish the
city treasurer with a list of taxable real estate, the respective
assessments thereof and against whom assessed, and such other
information as the city treasurer may require for the collection of
taxes.
Section 28. The Board of Tax Appeals. — There
shall be a board of tax appeals, which shall be composed of the members
of the City Council, the Mayor to be chairman thereof.
(a) The members of the board of tax appeals shall,
before organizing as such, take the following oath before the justice
of the peace or some other officer authorized to administer oath:
"I do solemnly swear (or affirm)
that I will well and truly hear and determine all matters and issues
between the city assessor and taxpayer submitted for my decision. So
help me God. (In case of affirmation the last four words to be stricken
out.)
"___________________"
(Signature)
"Subscribed and sworn to (or affirmed) before this __________ day
of ____________, 19 ____
"______________________________"
(Signature of officer administering oath)
(b) The board of tax appeals shall meet on the first
Monday after the fifteenth of January of each year and shall hear all
appeals duly submitted to it by the filing of written notice, and shall
decide the same forthwith. It shall have authority to cause to be
amended the listing and valuation of the property in respect to which
any complaint is made on order signed by the board or a majority
thereof, and transmit it to the city assessor, who shall amend the tax
list in conformity with said order.
Section 29. Exemptions from taxation. — Lands
and buildings owned by the United States of America, the Commonwealth
of the Philippines, the City of Tagaytay, the Province of Cavite, and
burying grounds, churches, and their adjacent parsonages and conventos,
and lands or 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 education 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. If any taxpayer shall
fail to pay the taxes assessed against him on or before the thirtieth
day of June he shall be deemed to be delinquent in such payment and
shall be subject to an additional tax as penalty for such delinquency
graduated as follows: Five per centum on the thirtieth day of June; ten
per centum of the original amount of the tax, if the tax remain unpaid
after the fifteenth day of August following delinquency; and fifteen
per centum of the original amount of the tax, if the tax remain unpaid
after the thirtieth day of September following delinquency. The
penalties thus imposed shall be collected and accounted for by the city
treasurer at the same time and in the same manner as the original tax.
Section 31. Taxes on real estate — Sale of
personal property. — In the event that such tax and penalty shall
remain unpaid on or after the first day of October after the tax has
become delinquent, the city treasurer shall prepare and sign a
certified copy of the records of his office, showing the persons
delinquent in payment of their 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 cost 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 records. 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 not 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 up 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
be 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 the 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
preceding section, on or after the first day of October following
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.
The advertisement shall be by posting a notice at the main entrance of
the municipal building and in a public and conspicuous place on or
adjacent to the real estate, and by publication once a week for three
weeks in a newspaper of general circulation published in the city, if
any there be. The advertisement shall contain a statement of the amount
of the taxes and penalties so due and the time and place of sale, the
name of the taxpayer against whom the taxes are levied, and a short
description of the land to be sold. At any time before the day fixed
for sale the taxpayer may discontinue all proceedings by paying the
taxes, penalties, and costs to the city treasurer. If he does not do so
the sale shall proceed and shall be held either at the main entrance of
the municipal building or on the premises to be sold, as the city
treasurer may determine. Within five days after the sale the city
treasurer shall make return of the proceedings and spread it on his
records. The purchaser at the sale shall receive a certificate from the
city treasurer from his records, showing the proceedings of sale,
describing the property sold, stating the name of the purchaser, and
setting out the exact amount of all public taxes, penalties, and costs.
Any surplus remaining after paying all public taxes, penalties, and
costs due, shall be paid to the owner of the property.
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 interest on said purchase price at the rate of fifteen per centum
per annum from the date of purchase to the date of redemption; and such
payment shall entitle the person paying 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 has thus been redeemed and the land thereafter shall be free from
the lien of such taxes and penalties.
In case the taxpayer shall not redeem the real estate sold as above
provided within one year from the date of sale, the city treasurer
shall, as grantor, execute a deed in form and effect sufficient under
the laws of the Commonwealth 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 of any kind whatsoever, and the deed shall
succinctly recite all the proceedings upon which the validity of the
sale depends.
Section 34. Taxes on Real Estate — Forfeiture of
Real property. — In case there is no bidder at the public sale of such
land who offers a sum sufficient to pay the taxes, penalties, and
costs, the city treasurer shall declare the land forfeited to the city,
and shall make, within two days thereafter, return of his proceedings
and the forfeiture, which shall be spread upon the records of his
office.
Within one year from the date of such forfeiture thus declared the
taxpayer, or anyone for him, may redeem said real estate as above
provided in cases where the land is sold. But, if the land is not thus
redeemed within a year, the forfeiture shall become absolute and the
city treasurer shall execute a deed, similar in form and having the
same effect as the deed required to be made by him in case of a sale,
conveying the land to the city. The deed shall be recorded as required
by law for other land title and shall be filed with the city secretary,
who shall enter it in his record of municipal property.
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.
(b) No court shall entertain any suit assailing the
validity of a tax assessed under this Act until the taxpayer shall have
paid, under protest, the taxes assessed against him; nor shall any
court declare any tax invalid by reason of irregularities or
informalities in the proceedings of the officers charged with the
assessment or collection of the taxes, or of a failure to perform their
duties within the time specified for their performance, unless such
irregularities, informalities, or failures shall have impaired the
substantial rights of the taxpayer; nor shall any court declare any tax
assessed under the provisions of this Act invalid except upon condition
that the taxpayer shall pay the just amount of his tax as determined by
the court in the pending proceeding.
(c) No court shall entertain any suit assailing the
validity of a tax sale of land under this Act until the taxpayer shall
have paid into the court the amount for which the land was sold,
together with interest at the rate of fifteen per centum per annum upon
that sum from the date of sale to the time of instituting suit. The
money so paid into court shall belong to the purchaser at the tax sale
if the deed is declared invalid and shall be returned to the purchaser,
and shall be returned to the depositor should he fail in his action.
(d) No court shall declare any such sale invalid by
reason of any irregularities or informalities in the proceedings of the
officer charged with the duty of making the sale or by reason of
failure by him to perform his duties within the time herein specified
for their performance, unless such irregularities, informalities, or
failure shall have impaired the substantial rights of the taxpayer.
Section 36. In effect, when. — This Act shall take effect on its
approval.
Approved: June 21, 1938
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