Search for www.chanrobles.com
|
|
![]() | |
COMMONWEALTH ACTS
COMMONWEALTH ACT NO. 51 - AN ACT
CREATING THE CITY OF DAVAO |
Section
1. This Act shall be known as "The Charter of the City of
Davao." ARTICLE I
General Provisions Section2. Section3. Section4. It may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interests of the city, condemn private property for public use, contract and be contracted with, sue and be sued, and prosecute and defend to final judgment an execution, and exercise all the powers hereinafter conferred. Section5. Section6. ARTICLE II
The Mayor Section7. The Mayor shall be appointed by the President with the consent of the Commission on Appointments of the National Assembly, and shall hold office at the pleasure of the President. He shall receive a salary of four thousand and eight hundred pesos a year. With the approval of the Secretary of the Interior, the Mayor may receive, in addition to his salary, a not commutable allowance of two thousand pesos per annum. Section8. Section9. He shall have the following powers and duties: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) Section10. Secretary to the Mayor. — The Mayor shall appoint the secretary in accordance with Civil Service Law, rules and regulations, who shall have the following duties: (a) (b) (c) (d) (e) (f) (g) (h) (i) Section11. 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 Davao, 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 not 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 proper times, be opened 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 accompanied 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 two hundred pesos nor shall exceed ten per centum of the estimated cost of the improvement or work to be done where said cost exceeds two thousand pesos. 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 provincial auditor, and the third shall be given to the contractor. ARTICLE III
The City Council Section12. Constitution and organization of the City Council. — The City Council shall be the legislative body of the city, and shall be composed of the Mayor, who shall be its presiding officer, the city engineer, the city treasurer, and five councilors, two appointed by the President, with the consent of the Commission on Appointments of the National Assembly, and the other three elected by popular vote. Pending the next general elections, the offices of said three elective councilors shall be filled in the same manner as the offices of the appointive councilors. If any member of the City Council should be a candidate for office in any election, he shall be incompetent to act with the City Council in the discharge of the duties herein conferred upon it, and in such case the other members of the council shall discharge said duties without his assistance, or they may choose some disinterested elector of the City to act on the Council in such matters in his stead. The councilors shall be residents of the City of Davao and shall have the status of provincial officers of a regularly organized province. The Mayor, the city engineer, and the city treasurer shall serve in the City Council without additional compensation. The councilors shall receive, for each day of attendance at the sessions of the Council, a per diem of from five to ten pesos, as may be authorized by ordinance approved by the Secretary of the Interior. The Council shall fix the times and places for its regular meetings, which shall be held once a 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 opened to the public, unless otherwise ordered by an affirmative vote of a majority of the members. The Council 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 secretary of the Council, and recorded in a book kept for that purpose. Each ordinance shall, on the day following its passage, be posted by the secretary at the main entrance to the municipal buildings, and shall take effect and be in force on and after the tenth day following its passage, unless vetoed by the Mayor before the expiration of said ten-day period. A vetoed ordinance, if repassed, shall take effect ten days after the veto is overridden by a two-thirds vote of all the members of the City Council. Section13. Appropriations by Council. — The Council shall make all appropriations for the expense of the government of the city. Whenever the Council fails to pass an appropriation ordinance for any year before the end of the previous year, the appropriation ordinance for such previous year shall be deemed reenacted from year to year, and shall be renewed and go into effect on the first day of January of each year, as the appropriation ordinance for that year, until a new appropriation ordinance is duly enacted. Section14. General powers and duties of the Council. — Except as otherwise provided by law, and subject to the conditions and limitations thereof, the City Council shall have the following legislative powers: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) Section15. 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 of the city 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. ARTICLE IV
Other City Offices and Officers Section16. City departments — Municipal Court. — There shall be a department of engineering and public works headed by the city engineer; a law department headed by the city attorney; a finance department headed by the city treasurer; and a police department headed by the chief of police, and such other departments as may from time to time be established by law or ordinance approved by the Secretary of the Interior. Pending the establishment of such departments, the existing officials who perform functions for or in behalf of the municipal government of Davao shall continue to perform their respective functions and receive their present compensation. The City Council may, by ordinance, approved by the Secretary of the Interior, make from time to time such readjustment of the duties of the several departments, as the public interest may demand, or alter, consolidate or abolish them. There shall be a Municipal Court presided over by a Judge. Section17. 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 works whenever required by the Mayor; shall have the care and custody of all public buildings, when erected, including markets and slaughterhouses and all buildings rented for city purposes, and of any system now or hereafter established 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 ordinances of the city; shall have the care of all public streets, parks, 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, 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 department. With the previous approval of the Mayor in each case, he may order the removal of buildings and structures erected in violation of the ordinances, or the removal of the materials employed in the construction or repair of any building or structure made in violation of said ordinances. Section18. The Municipal Court. — There shall be a Judge and an auxiliary Judge of the Municipal Court of the City, who shall have the same 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. All fines, forfeitures, and fees imposed and collected by the judges authorized by this section shall accrue to the benefit of the city treasury. The Municipal Court of the City of Davao shall have concurrent territorial jurisdiction with the Court of First Instance of the Province of Davao and the courts of justices of the peace of the respective municipalities to try crimes and misdemeanors committed within the zone for police purposes provided for in section six of this Charter. The court first taking jurisdiction of such an offense shall thereafter retain exclusive territorial jurisdiction thereof. Section19. The City Attorney. — There shall be a city attorney who shall be the chief legal adviser of the city, and who shall have the following general powers and duties: (a) (b) (c) (d) (e) (f) (g) (h) (i) Section20. 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 said appointee, while performing the duties of the city attorney, shall have the duties, rights, and compensation of the city attorney. Section21. The Chief of Police. — There shall be a chief of police who shall have the following general powers and duties: (a) (b) (c) (d) Section22. 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 whomsoever 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 the 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 regular force. Section23. The City Treasurer. — There shall be a city treasurer who shall have the following general powers and duties: (a) (b) (c) (d) (e) Section24. The City Assessor. — There shall be a city assessor who shall have the following general powers and duties: (a) (b) (c) "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
Davao has been omitted from the list, according to the best of my
knowledge and belief.
"______________" (Signature) (d) (e) 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. Section25. 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) "I do solemnly swear (or affirm)
that I will well and truly hear and determine all matters and issues
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.)
"___________________" (Signature) "Subscribed and sworn to (or affirmed) before me this day of ______ 19 _____. "____________________________" (Signature of officer administering oath) (b) Section26. Exemptions from Taxation. — Lands and buildings owned by the United States of America, the Government of the Philippines, the City of Davao, the Province of Davao, and burying grounds, churches and their adjacent parsonages and convents, 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 educational purposes. Section27. 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 of the original amount of the tax, if the tax remain unpaid after 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. Section28. 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 person 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 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 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 expenses 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. Section29. 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 last 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 the 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 the sale, describing the property sold, stating the name of the purchaser, and setting out the exact amount of all public taxes, penalties, and costs due. Any surplus remaining, after paying all public taxes, penalties, and costs due, shall be delivered to the owner of the property. Section30. 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 land 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 Philippines 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. Section31. 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, a 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 titles and shall be filed with the city secretary, who shall enter it in his record of municipal property. Section32. 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) (c) (d) Section33. 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 purpose of comparison as the Mayor may desire. He shall make to the Mayor, as often as required, reports covering the operation of his department. In case of the absence, or sickness, or inability to act for any other reason, of the head of one of the city departments, the officer next in charge of that department shall be authorized to sign all necessary papers, such as vouchers, requisitions, and so forth. Section34. 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 Judges of the Municipal Court, the city engineer, the city treasurer, the city assessor, the city attorney, 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 Judges of the Municipal Court, who may be removed only according to law. Subject to the provisions of the Civil Service Law, the Mayor shall appoint all other officers and employees of the city whose appointment is not otherwise provided for by law. The Mayor may suspend and remove any appointive city officer or employee not appointed by the President, and may recommend to the President the suspension or removal of any city officer or employee appointed by him. Any such suspension or removal by the Mayor shall be appealable to the Secretary of the Interior, whose determination on the matter shall be final. The Municipal Judge and the city attorney shall receive each three thousand pesos per annum. The city engineer and the city treasurer, acting or not as city assessor, shall receive three thousand six hundred pesos per annum. The chief of police shall receive a compensation of not more than two thousand four hundred pesos per annum. The compensation of other officers and employees of the city shall be determined by ordinance, approved by the Secretary of the Interior. Section35. 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. ARTICLE V
Bureaus Performing Municipal Duties Section36. 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 accounts and accounting. Section37. 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 kind, 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. Section38. 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 Davao shall have all the powers and duties in respect to the schools of their divisions. A city school board of six members, two of whom shall be women, and who shall serve without salary shall be selected and removed in the same manner, and shall have the same powers and duties, as local school boards in municipalities. The City Council shall have the same powers in respect to the establishment of schools in Davao as are conferred by law on municipal councils. Section39. 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 Davao to the Mayor, and such recommendation 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. Section40. The City Health Officer. — There shall be a city health officer who shall have the following general powers and duties: (a) (b) (c) (d) (e) (f) ARTICLE VI
Tax Allotments and Special Assessment for Public Improvements Section41. Section42. Power to levy special assessments for certain purposes. — The City Council may, by ordinance duly approved, provide for the levying and collections, by special assessments of the real estate comprised within the district or section of the city especially benefited, or a part not to exceed sixty per centum of the cost of laying out, opening, constructing, straightening, widening, extending, grading, paving, curbing, walling, deepening or otherwise establishing, repairing, enlarging, or improving public avenues, roads, streets, alleys, sidewalks, parks, plazas, bridges, landing places, wharves, piers, docks, levees, reservoirs, waterworks, water mains, water courses, esteros, canals, drains, and sewers, including the cost of acquiring the necessary land. Within the meaning of this section all real estate comprised within the district benefited, except lands or buildings owned by the United States of America, the Commonwealth of the Philippines, the Provincial Government of Davao, or the City of Davao, shall be subject to the payment of the special assessment based upon the valuation of such real estate, as shown by the books of the official in charge of city assessments, or its present value, as fixed by said officer in the first instance, if the property does not appear of record in his books, according to the valuation whereof the special tax has to be made, computed, and assessed. Section43. Section44. Publication of the proposed special assessment ordinance, and public hearing on the same. — The proposed special assessment ordinance shall be published for a period of one week in the Official Gazette and in two newspapers of general circulation in the City of Davao, one in the native language generally spoken in the city and the other in either English or Spanish, before its adoption by the City Council. The secretary of the City Council, upon request, shall furnish a copy of the proposed ordinance free of charge to each owner affected or his agent, and shall in so far as possible send a copy of said proposed ordinance, by ordinary mail or otherwise. At the request of any owner, made within three days from the last publication of the proposed ordinance, or at its own motion, the City Council or the committee thereof in charge of the project shall hold a public hearing on the same and hear all pertinent arguments and evidence offered by the persons interested or their attorneys, and such arguments and evidence shall be attached to the record of the project. Section45. Section46. Payment of the special assessments. — All sums and amounts due from any owner or owners as a result of any action taken by virtue of the authority conferred in this article shall be due and payable to the city treasurer in the same manner as the annual tax levied on real estate and shall be subject to the same penalties for delinquency, and enforceable by the same remedies, as such annual tax, and all such sums and amounts, together with any such penalties incurred, shall from the date on which they were assessed constitute liens on the property against which the same were assessed and shall take precedence over any and all other liens which may exist upon such property excepting only such as may have been attached as a result of the nonpayment of said annual tax. ARTICLE VII
Transitory Provisions Section47. 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 Davao. Section48. Conduct of elections in Davao. — For the effectuation of the purposes of the Election Law in the election of public officers for the City of Davao, the duties which are by said law made incumbent upon provincial boards and municipal councils shall be performed by the City Council of Davao, and the duties imposed by said law upon provincial treasurers and municipal secretaries shall be performed by the Secretary of the Mayor. Section49. Assembly District — Provincial Capital. — Until otherwise provided by law, the Province of Davao and the City of Davao shall continue as one Assembly District and the capital of the province, only for residential purposes of the Provincial Government, shall remain as heretofore. Section50. 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 Davao at a price to be fixed by the Auditor General. ARTICLE VIII
Effectivity of the Act Section51. Effectivity. — This Act shall take effect upon its approval. |
Since 19.07.98.