A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACT NO. 3271 - AN ACT CREATING THE CITY OF LUCENA
Section 1. This Act shall be known as the Charter of the City
Sec. 2. Territory of the city. — The City of Lucena,
which is hereby created, shall comprise the present territorial
jurisdiction of the Municipality of Lucena in the Province of Quezon.
Sec. 3. Corporate character of the city. — The City of Lucena constitutes a political body corporate and as such is endowed with the attribute of perpetual succession and possessed of the powers which pertain to a municipal corporation, to be exercised in conformity with the provisions of this Charter.
Sec. 4. Seal and general powers of the city. — The city shall have a common seal which shall be used in all documents of official character, and may alter the same at pleasure. It may take purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interest of the city, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution, and exercise all the powers hereinafter conferred.
Sec. 5. The city not liable for damages. — The city shall not be liable or held for damages or injuries to persons or property arising from the failure of the Municipal Board, the Mayor or any other city officers or employees, to enforce the provisions of this Charter, or any other law or ordinance, or from the negligence of said Municipal Board, Mayor or other city officers or employees while enforcing or attempting to enforce the provisions thereof.
Sec. 6. Jurisdiction of the city. — The jurisdiction
of the City of Lucena for police purposes shall be co-extensive with
its territorial jurisdiction; and for the purpose of protecting and
insuring the purity of the water supply of the city, such police
jurisdiction shall also extend over all territory, within the drainage
area of such water supply, and within one hundred meters of any
reservoir, conduit, canal, aqueduct or pumping station used in
connection with the city water service. The municipal court of the city
shall have concurrent jurisdiction with the justice of peace court of
the respective municipalities, to try crimes and misdemeanors committed
within said drainage area, or within said spaces of one hundred meters.
The court first taking jurisdiction of such an offense shall thereafter
retain exclusive jurisdiction thereof. The police force of the several
municipalities concerned shall have concurrent jurisdiction with the
police force of the city for the maintenance of good order and the
enforcement of ordinances throughout said zone, area or space shall be
granted by the proper authorities of the municipality concerned, and
the fees arising therefrom shall accrue to the treasury of the said
municipality concerned and not to that of the city.
Sec. 7. The Mayor — His election, qualification and
compensation. — The Mayor shall be the chief executive of the city. He
shall be elected by qualified voters of the city during every general
election for provincial, city and municipal officials in accordance
with the provisions of the Revised Election Code. No person shall be
elected Mayor unless he is at least twenty-five years of age, a
resident of the city for at least five years prior to his election, and
a qualified voter therein.
Sec. 8. The Vice-Mayor — His election, qualification,
duties and compensation. — There shall be a Vice-Mayor who shall
perform the duties of the Mayor in the event of the sickness, absence
or other temporary incapacity of the Mayor, or in the event of a
definitive vacancy in the position of the Mayor until said office is
filled in accordance with law. The Vice-Mayor shall also preside over
the meetings of the Municipal Board, but he shall have no right to vote
except in case of tie. He shall be elected in the same manner as the
Mayor and shall at the time of his election possess the same
qualification as the Mayor. If, for any reason, the Vice-Mayor is
temporarily incapacitated for the performance of the duties of the
office of the Mayor or said office of the Vice-Mayor is vacant, the
duties of the Mayor shall be performed by the city treasurer. The
Acting Mayor shall have the same powers and duties as the Mayor.
Sec. 9. General powers and duties of the Mayor. —
Unless otherwise provided by law, the Mayor shall have immediate
control over the executive and administrative functions of the
different departments of the city, subject to the authority and
supervision of the Office of the President. He shall have the following
general powers and duties:
Sec. 10. Secretary of the Mayor. — The Mayor shall
appoint one secretary who shall hold office at the pleasure of the
Mayor. The secretary shall receive a compensation, to be fixed by
ordinance approved by the Office of the President, of not exceeding
three thousand six hundred pesos per annum. He shall be charged and
custody of all records and documents of the city and of any office or
department thereof for which provision is not otherwise made; shall
keep the corporate seal and affix the same with his signature to all
ordinances and resolutions signed by the Mayor, and to all other
official documents and papers of the government of the city as may be
required by law or ordinance; shall attest all executive orders,
proclamations, ordinances and resolutions signed by the Mayor; shall,
upon request, furnish certified copies of all city records and
documents in his charged which are not of a confidential character, and
shall charge twenty centavos for each one hundred words including the
certificate, such fees to be paid directly to the city treasurer; and
shall perform such other duties as the Mayor may require of him.
Sec. 11. Constitution and organization of the
Municipal Board; compensation of members thereof . — The Municipal
Board shall be the legislative body of the city and shall be composed
of Vice-Mayor who shall be its presiding officer, and eight councilors
who shall be elected at large by the qualified voters of the city
during every election for provincial, city and municipal officials in
conformity with the provisions of the Revised Election Code. In case of
sickness, absence, suspension or other temporary disability of any
member of the Board, or if necessary to maintain a quorum, the
President of the Philippines may appoint a temporary substitute
belonging to the same political party as the temporarily incapacitated
member, who shall possess all the rights and perform all the duties of
a member of the Board until the return to duty of the regular incumbent.
Sec. 12. Qualifications, election, suspension and
removal of the members of the Board. — The members of the Municipal
Board shall be qualified electors of the city, residents therein for at
least one year, and not less than twenty-three years of age. Upon
qualifying, the members-elect shall assume office on the date fixed in
the Revised Election Code until their successors are elected and
Sec. 13. Secretary of the Board. — His appointment,
salary and duties. — The Municipal Board shall have a secretary who
shall be appointed by it after every new election, to serve during the
term of office of the members thereof. A vacancy in the Office of the
secretary shall be filled temporarily for the unexpired term in like
manner. The secretary of the Board shall receive a salary, to be fixed
by ordinance approved by the Office of the President, of not exceeding
three thousand six hundred pesos per annum.
Sec. 14. Method of transacting business by the Board;
Veto; Authentication and publication of ordinances. — Unless the Office
of the President orders otherwise, the Board shall hold one ordinary
session for the transaction of business during each week on a day which
it shall fix by resolution, and such extraordinary sessions, not
exceeding thirty during any one year, as may be called by the Mayor. It
shall sit with open doors, unless otherwise ordered by an affirmative
vote of five members. It shall keep a record of its proceedings and
determine its rules of procedure not herein set forth. Five members of
the Board shall constitute a quorum for the transaction of business.
But a smaller number may adjourn from day to day and may compel the
immediate attendance of any member absent without good cause by issuing
to the police of the city an order for his arrest and production at the
session under such penalties as shall have been previously prescribed
by ordinance. Five affirmative votes shall be necessary for the passage
of any ordinance, or for 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. The ayes and nays shall be taken and recorded upon the passage of
all ordinances, upon all resolutions or motions directing payment of
money or creating liability, and at the request of any member, upon any
other resolution or motion. Each approved ordinance, resolution or
motion shall be sealed with the seal of the Board, signed by the
presiding officer and the secretary of the Board and recorded in a book
kept for the purpose and shall, on the day following its passage, be
posted by the secretary at the main entrance of the city hall, and
shall take effect and be in force on and after the tenth day following
its passage unless otherwise stated in the said ordinance, resolution
or motion or vetoed by the Mayor as hereinafter provided. A vetoed
ordinance if repassed, shall take effect ten days after the veto is
overriden by the required votes unless otherwise stated in ordinance or
again disapproved by the Mayor within the prescribed time.
Sec. 15. General powers and duties of the Board. —
Except as otherwise provided by law, and subject to the conditions and
limitations thereof, the Municipal Board shall have the following
Sec. 16. 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 the 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 creation or display thereof.
Sec. 17. City Departments. — There shall be a finance
department, an engineering department, a law department, a health
department, a police department, a fire department, and an assessment
department. Unless otherwise provided by law, the Mayor shall have
general supervisory control over all the city departments.
Sec. 18. Powers and duties of head of departments. —
Each head of department of the city government shall be in control of
such department and shall possess such powers and obligations 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 otherwise expressly provided. At
least four months before the beginning of each fiscal year, he shall
prepare and present to the Mayor an estimate of the appropriation
necessary for the operation of his department during the ensuing fiscal
year, and shall submit therewith such information for purposes of
comparison as the Mayor may desire. He shall submit to the Mayor as
often as required reports covering the operation of his department.
Sec. 19. Appointment and removal of officials and
employees. — The President of the Philippines shall appoint, with the
consent of the Commission on Appointments, the judge and auxiliary
judge of the municipal court, the city treasurer, the city engineer,
the city attorney, the city health officer, the chief of police, the
chief of the fire department, and the other heads of such city
departments as may be created.
Sec. 20. Officers not to engage in certain
transactions. — 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 city, or with any of its authorized
officials, boards, 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 be surety on the
official bond of any officer of the city and shall not be financially
interested in any transaction or contract in which the National
Government or any subdivision or instrumentality thereof is an
interested party. t
Sec. 21. The City Treasurer. His powers, duties and
compensation. — There shall be a city treasurer, who shall have charge
of the department of finance and shall act as chief fiscal officer and
financial adviser of the city and custodian of its funds. He shall
receive a salary of five thousand four hundred pesos per annum:
Provided, That in the event that the City of Lucena is reclassified
into a second or first class city, he shall receive that which is fixed
under Republic Act Numbered Eight hundred forty. He shall have the
following general powers and duties:
Sec. 22. The City Engineer — His powers, duties and
compensation. — There shall be a city engineer who shall be in charge
of the department of engineering and public works: Provided, however,
That the District Engineer of Quezon Province shall act as city
engineer ex officio for one year from the approval of this Act, and who
shall receive an additional compensation of not exceeding one thousand
two hundred pesos per annum, payable from the funds of the city. The
city engineer shall receive a salary of not exceeding the sum provided
for under Republic Act Numbered Eight hundred forty. He shall have the
following general powers and duties:
Sec. 23. Execution of authorized public works and
improvements. — All repair or construction of any work or public
improvement, except parks, boulevards, streets or alleys, involving an
estimated cost of three thousand pesos or more shall be awarded by the
Mayor upon the recommendation of the city engineer to the lowest
responsible bidder after public advertisement by posting notices of the
call for bids in conspicuous places in the City Hall and other public
places, which shall not be less than ten days, and by publication in
the Official Gazette for not less than ten days: Provided, however,
That the city engineer may, with the approval of the President of the
Philippines upon the recommendation of the Secretary of Public Works
and Communications, execute by administration any such public work
costing three thousand pesos or more.
Sec. 24. The City Attorney — His powers, duties, and
compensation. — There shall be a city attorney, who shall be the chief
legal adviser of the city. He shall receive a salary of not exceeding
the sum provided in Republic Act Numbered Eight hundred forty. He shall
have the following general powers and duties:
Sec. 25. The City Health Officer — His powers, duties
and compensation. — There shall be a city health officer who shall have
charge of the health department. He shall receive a salary of not
exceeding the sum provided in Republic Act Numbered Eight hundred
forty, one-half of which shall be paid by the city government and the
other half by the National Government. The city health officer shall
have the following general power and duties:
Sec. 26. The Chief of Police — His powers, duties,
and compensation. — There shall be a chief of police who shall have
charge of the police department. He shall receive a salary of not
exceeding the sum provided in Republic Act Numbered Eight hundred
forty. He shall have the following general powers and duties:
Sec. 27. The Chief of the Secret Service. — There
shall be a chief of the secret service who shall, under the chief of
police, have charge of the detective work of the department and of the
detective force of the city, and shall perform such other duties as may
be assigned to him by the chief of police or prescribed by law or
Sec. 28. Peace Officers. — Their powers and duties. —
The Mayor, the chief of police, the chief of secret service, and all
officers and members of the city police and detective force shall be
peace officers. Such peace officers are authorized to serve and execute
all processes of the municipal court and criminal processes of all
other courts to whomsoever directed, within the jurisdictional limits
of the city or within the police limits as defined in this Charter,
within the same territory, to 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; to 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 to enter any building, ship, boat, or vessel 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, and to exercise such other powers and perform such other duties
as may be prescribed by law or ordinance. They shall detain an arrested
person only in accordance with the provisions of existing laws relative
to such detention until he can be brought before, the proper
magistrate. Whenever the Mayor shall deem it necessary to avert danger
or to protect life and property, in case of riot, disturbance, or
public calamity, he shall have power to swear in special police, in
such numbers as the occasion demands. Such special police shall have
the same powers while on duty as members of the regular force.
Sec. 29. The Chief of Fire Department — His powers,
duties and compensation. — There shall be a chief of fire department
who shall have charge of said department. He shall receive a salary of
not exceeding the sum provided in Republic Act Numbered Eight hundred
forty. He shall have the following general powers and duties:
Sec. 30. The City Treasurer as City Assessor
Ex-Officio — His general powers, duties and compensation. — The city
treasurer shall act as city assessor ex officio and shall have charge
of the department of assessment. He shall receive an additional salary
of not exceeding the sum authorized under Republic Act Numbered Eight
Sec. 31. Real estate exempt from taxation. — The
following shall be exempt from taxation:
Sec. 32. Declaration to be made by persons acquiring or improving real estate. — It shall be the duty of each person who, at any time, acquires real estate in the city, and of each person who constructs or adds to any improvements on real estate owned by him in the city, to prepare and present to the city assessor ex officio within a period of sixty days next following such acquisition, construction or addition, a sworn declaration setting forth the value of the real estate acquired or the improvement constructed or addition made by him and a description of such property sufficient to enable the city assessor ex officio readily identify the same. Any person having acquired real estate who fails to make and present the declaration herein required within the said period of sixty days shall be deemed to have waived his right to notice of the assessment of such property, and the assessment of the same in the name of its former owner shall, in all such cases, be valid and binding on all persons interested, and for all purposes, as though the same has been assessed in the name of its present owner.
Sec. 33. Action when owner makes no returns or is unknown, or ownership is in dispute or in doubt, or when land and improvements are separately owned. — If the owner of any parcel of real estate shall fail to make a return thereof, or if the city assessor ex officio is unable to discover the owner of any real estate, he shall nevertheless list the same for taxation, and charge the tax against the true owner, if known, and if unknown then as 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. When 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.
Sec. 34. Action in case estate has escaped taxation. If it shall come to the knowledge of the city assessor ex officio that any taxable real estate in the city has escaped listing, it shall be his duty to list and assess the same at the time and in the manner provided in the next succeeding section and to charge against the owner thereof the taxes due for the current year and the last preceding one year, and the taxes thus assessed shall be legal and collectible by all the remedies herein provided, and if the failure of the city assessor ex officio to assess such taxes to any fault or negligence on the part of the owner of such property, the penalties shall be added to such back taxes as though they had been assessed at the time when they should have been assessed.
Sec. 35. When assessment may be increased or reduced. — The city assessor ex officio shall, during the first fifteen days of January of each year, add to his list of taxable real estate in the city the value of the improvements placed upon such property during the preceding year, and any property which is taxable and which has therefor escaped taxation. He may during the same period revise and correct the assessed value of any or all parcels of real estate in the city which are not assessed at their true money value by reducing or increasing the existing assessment, as the case may be.
Sec. 36. Publication of complete list and proceedings
thereon. — The city assessor ex officio shall, after the list shall
have been 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 City Hall,
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 February, the city
assessor ex officio 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. He shall further notify in writing each person
the amount of whose tax will be changed by such proposed revision, by
delivering or mailing at least thirty days in advance of the date fixed
in the notice such notification to such person or his authorized agent
at the last known address of such owner or agent in the
Sec. 37. City assessor ex officio to authenticate
list of real estate assessed. — The city assessor ex officio shall
authenticate each list of real estate valued and assessed by him as
soon as the same is completed, by signing the following certificate at
the foot thereof:
Sec. 38. Time and manner of appealing to Board of Tax Appeals. — In case any owner of real estate, or his authorized agent, shall feel aggrieved by any decision of the city assessor ex officio under the preceding sections of this Article, such owner or agent may, within thirty days after the entry of such decision, appeal to the Board of Tax Appeals. The appeal shall be perfected by filing a written notice of the same with the city assessor ex officio, and it shall be the duty of that officer forthwith to transmit the appeal to the Board of Tax Appeals with all the written evidence in his possession relating to such assessment and valuation.
Sec. 39. Constitution and compensation of the Board
of Tax Appeals. — There shall be a Board of Tax Appeals which shall be
composed of five members to be appointed by the President of the
Philippines with the consent of the Commission on Appointments. Three
members of the Board shall be selected from among government officials
in the city other than those in charge of assessment and they shall
serve without additional compensation. The two other members shall be
selected from among property owners in the city and they shall each
receive a compensation of ten pesos for each day of session actually
attended. The Chairman of the Board shall be designated in the
appointment and shall have the power to designate any city official or
employee to serve as the secretary of the Board without additional
Sec. 40. Oath to be taken by the members of the Board
of Tax Appeals. — Before organizing as such, the members of the Board
of Tax Appeals shall take the following oath before the municipal judge
or some other officer authorized to administer oaths:
Sec. 41. Proceedings before the Board of Tax Appeals and the Department Head. — The Board of Tax Appeals shall hold such number of sessions as may be authorized by the Secretary of Finance, shall hear all appeals duly transmitted to it, 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 appeal has been perfected by order signed by the Board or the majority thereof, and transmit it to the city assessor ex officio who shall amend the tax list in conformity with said order. It shall also have the power to revise and correct, with the approval of the Department Head first had, any and all erroneous or unjust assessments and valuations for taxation, and make a correct and just assessment and state the true valuation, in each case when it decides that the assessment previously made is erroneous or unjust. The assessment when so corrected shall be lawful and valid for all purposes as though the assessment had been made within the time herein prescribed. Such reassessment and revaluation shall be made on due notice to the individual concerned who shall be entitled to be heard by the Board of Tax Appeals before any reassessment or revaluation is made. The decision of the Board of Tax Appeals shall be final unless the Department Head declares the decision reopened for review by him, in which case he may make such revision or revaluation as in his opinion the circumstances justify. Such revision when approved by the President of the Philippines shall be final.
Sec. 42. Taxes on real estate. — Extension and
remission of the tax. — A tax, the rate of which shall not exceed two
per centum ad valorem to be determined by the Municipal Board, shall be
levied annually on or before the second Monday of January on the
assessed value of all real estate in the city subject to taxation. All
taxes on real estate for any year shall be due and payable annually on
the first day of January and from this date such taxes together with
all penalties accruing thereto shall constitute a lien on the property
subject to such taxation.
Sec. 43. Seizure of the personal property for delinquency in payment of the tax. — After a property shall have become delinquent in the payment of taxes and said taxes and the corresponding penalties shall remain unpaid ninety days after payment thereof shall have become due, the city treasurer, or his deputy, if he desires to compel payment through seizure of any personal property of any delinquent person or persons, shall issue a duly authenticated certificate, based on the records of his office, showing the fact of delinquency and the amount of the tax and the penalty due from said delinquent person or persons or from each of them. Such certificate shall be sufficient warrant for the seizure of the personal property belonging to the delinquent person or persons in question not exempt from seizure; and these proceedings may be carried out by the city treasurer, his deputy, or any other officer authorized to carry out legal proceedings.
Sec. 44. Personal property exempt from seizure and
sale for delinquency. — The following personal property shall be exempt
from seizure, sale and execution for delinquency in the payment of the
real estate tax: t
Sec. 45. The owner may redeem personal property before sale. — The owner of the personal property seized may redeem the same from the collecting officer at any time after seizure and before sale tendering to him the amount of the tax, the penalty, and the costs incurred up to the time of the 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.
Sec. 46. Sale of seized personal property. — Unless
redeemed as hereinbefore provided, the property seized through
proceedings under Section forty-three hereof, shall, after due
advertisement, be exhibited for sale at public auction and so much of
the same as shall satisfy the tax, penalty, and cost of seizure and
same shall be sold to the highest bidder. The purchaser at such sale
shall acquire an indefeasible title to the property sold. The
advertisement shall state the time, place and cause of sale, and be
posted for ten days prior to the date of the auction, at the main
entrance of the City Hall and at a public and conspicuous place in the
district where the property was seized.
Sec. 47. Return of officer — Disposal of surplus. — The officer directing the sale under the preceding section shall forthwith make return of his proceedings, and note thereof shall be made by the city treasurer upon his records. Any surplus resulting from the sale, over and above the tax, penalty and cost, and any property remaining in possession of the officer, shall be returned to the taxpayer on account of whose delinquency the sale has been made.
Sec. 48. Vesting title to real estate in the city government. — Upon expiration of one year from the date on which the taxpayer became delinquent, and in the event of continued default in the payment of the tax and penalty, all private rights, titles and interest in and to the real estate on which said tax is delinquent, shall be indefeasibly vested in the city government, subject only to the rights of redemption and repurchase hereinafter provided for: Provided, That the title acquired by said city government to real estate shall not be superior to the title thereto of the original owner prior to the seizure hereof.
Sec. 49. Redemption of real estate before seizure. — At any time after the delinquency shall have occurred, but not after the expiration of ninety days from the date of the publication of the advertisement provided for in the next succeeding section, the owner or his lawful representative, or any person having any lien, right, or any other legal or equitable interest in said property, may pay the taxes and penalties accrued and thus redeem the property. Such redemption shall operate to divest the city government of its title to the property in question and to revert the same to the original owner, but when such redemption shall be made by a person other than the owner, the payment shall constitute a lien on the property and the person making such payment shall be entitled to recover the same from the original owner, or if he be a lessee, he may retain the amount of said payment from the proceeds of any income due to the owner of such property: Provided, That the person exercising the right of redemption shall not acquire a title to said property better than that of the original owner prior to the seizure.
Sec. 50. Notice of seizure of real estate. — Notice of seizure of the real estate shall be given by posting notices at the main entrance of the City Hall, the provincial building and all the municipal buildings in the Province of Quezon in English and Spanish and in the dialect commonly used in the locality, and a copy of said notice shall be sent immediately by registered mail to the owner of the property. A copy of said notice shall also be posted on the property subject to seizure. Such notice shall state the name of the delinquent person, the date on which such delinquency commenced, the amount of the taxes and penalties are paid within ninety days from the date of the publication of such notice, the forfeiture of the delinquent real estate to the city government shall become absolute.
Sec. 51. Ejectment of occupants of seized property — After the expiration of ninety days from the date of the publication of the notice of delinquency provided for in the next preceding section, the city treasurer, or his deputy, may issue to the Mayor or to other offices authorized by law to execute and enforce the laws, a certificate describing the parcel of real estate on which the taxes have been declared delinquent, stating the amount of taxes due, and the penalties and costs accrued by reason of the delinquency, and requesting him to eject form said property all the tenants and occupants thereof. Upon receiving such certificate, the Mayor or any other official authorized to enforce the law shall forthwith have all the tenants and occupants who refuse to recognize the title of the city expelled from the property in question, and to that end, he may use the police force: Provided, however, That if the property so seized is or includes a residential homes, the occupants thereof shall be given sufficient time, not exceeding ten days from the date of the notice of ejectment, to vacate the premises.
Sec. 52. Redemption of real property before sale. — After the title to the property shall have become vested in the city government in the manner provided for in Section s forty-eight and fifty of this Charter, and at any time prior to the sale or the execution of the contract of sale by the city treasurer to third party, the original owner or his legal representative or any person having any lien, right, or other legal interest or equity in said property, shall have the right to redeem the entire property in question by paying the full amount of taxes and penalties due thereon at the time of the seizure, and if the city treasurer shall have entered into a lease of the property, the redemption shall be made on subject to said lease: Provided, That the payment of the price of sale may, at the discretion of purchaser be made on installments, extending over a period not exceeding twelve months, but the initial payment, which must be made on the date of the filing of the application for redemption, and every subsequent payment, shall not be less than twenty-five per centum of the entire sum due, and shall in no case be less than two pesos, unless the total or the balance of the amount due on all seized property in the name of the taxpayer is less than two pesos. The purchaser may occupy the property after paying the first installment, and the usual taxes on the property shall be payable in the year after that in which the application for redemption was approved. Any failure of the purchaser to pay any installment on the date it is due shall have the effect of a forfeiture to the city government of any partial payment made by said purchase, and in case he has taken possession of the property, he shall forthwith surrender the same to the city government. In case the purchaser should fail to relinquish possession of said property, the city treasurer or his deputy shall forthwith adopt measures to eject therefrom all the tenants or occupants thereof as provided for in this Act: Provided, however, That the original owner of any real estate seized prior to the approval of this Act, who redeems the same within six months subsequent to its approval, is hereby released from any obligation he may have to the Government for rent for the use of such property: Provided, finally, That the provisions of this section shall apply to redemption of real estate seized for delinquency in the payment of taxes thereon and not redeemed up to the date of the approval of this Act.
Sec. 53. Notice of sale of real estate at public auction. — At any time after the forfeiture of any real estate shall have become absolute, the city treasurer, pursuant to the rules of procedure to be promulgated by the Department Head, may announce the sale of the real estate seized on account of delinquency in the payment of taxes thereof, for the redemption of which no application has been filed. Such announcements shall be made posting a notice for three consecutive weeks at the main entrance of the City Hall and of all the municipal buildings of the province in either English or Spanish and in the dialect commonly used in the locality, and by publishing the same once a week during three consecutive weeks in a newspaper of general circulation in the city. Copies of such notice shall be sent immediately by registered mail to the delinquent taxpayer at the latter's home address, if known. The notice shall state the amount of the taxes and penalties so due, the time and place of sale, the name of the taxpayer against whom the taxes are levied, and the approximate area, the lot number and the location by district and street and the street number and district or barrio where the real estate to be sold is located.
Sec. 54. Sale of real estate — Conditions. — At any
time during the sale or prior thereto, the taxpayer may stay the
proceedings by paying the taxes and penalties to the city treasurer or
his deputy. Otherwise, the sale shall proceed and shall be held either
at the main entrance of the City Hall or on the premises of the real
estate to be sold as the city treasurer or his deputy may determine.
Sec. 55. Redemption of real estate sale. — Within one year from and after the date of sale, the delinquent taxpayer or any other person in his behalf, shall have the right to redeem the property sold by paying to the city treasurer or his deputy the amount of taxes, penalties, costs and interests at the rate of twelve per centum per annum on the purchase price, if paid in whole or on any portion thereof as may have been paid by the purchaser and such payment shall invalidate the certificate of sale issued to the purchaser, if any, and shall entitle the person making such payment to a certificate to be issued by the city treasurer or his deputy, stating that he has thus redeemed the property, and the city treasurer or his deputy, upon the return by the purchaser of the certificate of sale previously issued to him shall forthwith refund to the purchaser the entire sum paid by him with interest at twelve per centum per annum, as provided for herein, and such property shall thereafter be free from the lien of such taxes and penalties.
Sec. 56. Execution of deed of final sale. — In case the delinquent taxpayer shall not redeem the property sold as herein provided within one year from the date of the sale, and the purchaser shall then have paid the total purchase, price, the city treasurer, as grantor, shall execute a deed in form and effect sufficient 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 or encumbrances of any kind whatsoever, and said deed shall succinctly recite all the proceedings upon which validity of the sale after deducting the amount of the taxes and penalties due, and the costs, if any, shall be returned to the original owner or his representative.
Sec. 57. Taxes and penalties which shall be paid upon redemption or repurchase. — The taxes and penalties to be paid by way of redemption or repurchase, shall compromise in all cases only the original tax by virtue of the failure to pay which the seizure was made, and its incidental penalties, up to the date of the forfeiture of the real estate to the Government.
Sec. 58. Taxes — Legal procedure. — (a) The
assessment of a tax shall constitute a lawful indebtedness of 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 remedies provided by law.
Sec. 59. Allotment of internal revenue and other taxes. — Of the internal revenue accruing to the National Treasury under Chapter II, Title XII of Commonwealth Act Numbered Four hundred and sixty-six, and other taxes collected by the National Government and allotted to the various provinces, as well as the national aid for schools, the City of Lucena shall receive a share equal to what it would receive if it were a regularly organized province.
Sec. 60. Power to levy special assessments for
certain purposes. — The Municipal Board may, by ordinance, provide for
the levying and collection, by special assessment of the lands
comprised within the district or section of the city specifically
benefited, of 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 and public improvements thereon, as
Sec. 61. Property subject to special assessment. — All lands comprised within the district or section benefited, except those owned by the Republic of the Philippines shall be subject to the payment of the special assessment.
Sec. 62. Basis of apportionment. — The amount of the special assessment shall be apportioned and computed according to the assessed valuations of such lands as shown in the books of the city assessor ex officio. If the property has not been declared for taxation purposes, the city assessor ex officio shall immediately declare it for the owner and assess its value, and such value shall be the basis of the apportionment and computation of the special assessment due thereon.
Sec. 63. Ordinance levying special assessment. — The
ordinance providing for the levying and collection of a special
assessment shall describe with reasonable accuracy the nature, extent,
and location of the work to be undertaken; the probable cost of the
work; the percentage of the cost to be defrayed by special assessment;
the district or section which shall be subject to the payment of the
special assessment, the limits whereof shall be stated by metes and
bounds if practicable, and by other reasonable accurate means if
otherwise, and the period, which shall not be less than five nor more
than ten years, in which said special assessment shall be payable
without interest. One uniform rate per centum for all lands in the
entire district or section subject to the payment of all the special
assessment need not be established, but different rates for different
parts or sections of the city according as said property will derive
greater or less benefit from the propose work, may fixed.
Sec. 64. Publication of proposed ordinance levying
special assessment. — The proposed special assessment ordinance shall
be published, with a list of the owners of the lands affected thereby,
once a week for four consecutive weeks in any newspaper published in
the city, one in English, one in Spanish, and one in the local dialect,
if there be any, and in default of local papers, in any newspaper of
general circulation in the city. The said ordinance in English, Spanish
and the local dialect shall also be posted in the places where public
notices generally posted in the city and also in the district or
section where the public improvement is constructed or contemplated to
Sec. 65. Protest against special assessment. — Not later than ten days after the last publication of the ordinance and the list landowners, as provided in the preceding section, the landowners affected, if they composed a majority whose holdings represent more than one-half of the total assessed value of said lands, may file with the Municipal Board a protest against the enactment of the ordinance. The protest shall be duly signed by them and shall set forth the addresses of the signers and the arguments in support of their objection or protest against the special assessment established in the ordinance. If no protest is filed within the time and under the condition above specified, the ordinance shall be considered approved as published.
Sec. 66. Hearing of protest. — The Municipal Board shall designate a date and place for the hearing of the protest filed in accordance with the next preceding section and shall give reasonable time to all protestants who have given their addresses and to all landowners affected by any protest or protests, and shall order the publication once a week for two consecutive weeks, of a notice of the place and the date of the hearing in the same manner herein provided for the publication of the proposed special assessment ordinance. All pertinent arguments and evidence presented by the landowners interested or their attorney shall be attached to the proper records. After the hearing, the Municipal Board shall either modify its ordinance or approve it in toto and send notice of its decision to all interested parties who have given their addresses, and shall order the publication of the ordinance as approved finally together with a list of the owners of the parcels of land affected by the special assessment, three times weekly, for two consecutive weeks, in the same manner hereinabove prescribed. The ordinance finally passed by said body shall be sent to the Mayor with all the papers pertaining thereto, for his approval or veto as in the case of other city ordinances. If the Mayor approved it, the ordinance shall be published as hereinabove provided, but if he vetoes it, the procedure in similar cases provided in this Act shall be observed.
Sec. 67. When ordinance is to take effect. — Upon the expiration of thirty days from the date of the last publication of the ordinance as finally approved, the same shall be effective in all respects, if no appeal therefrom is taken to the proper authorities in the manner hereinafter prescribed.
Sec. 68. Appeals. — Any time before the ordinance providing for the levying and collection of special assessment becomes effective in accordance with the preceding section, appeals from such special assessment may be filed with the President of the Philippines in the case of public works undertaken or contemplated to be undertaken by the National Government, and with the Secretary of Finance in the case of public works undertaken or contemplated to be undertaken by the city. In all cases, the appeal shall be in writing and signed by at least a majority of the owners of the lands situated in the special assessment zone whose holdings represent more than one-half of the total assessed value of the lands affected. The appellant or appellants shall immediately give the Municipal Board a written notice of the appeal, and the secretary of said Board shall, within ten days after receipt of the notice of appeal, forward to the officer who has jurisdiction to decide the appeal an excerpt from the minutes of the Board relative to the proposed special assessment and all the documents in connection therewith.
Sec. 69. Decision of the appeal. — Only appeals, made within the time and in the manner prescribed in this Act shall be entertained, and the officer to whom the appeal is made may call for further hearing or decide the same in accordance with its merits as shown in the papers or documents submitted to him. All appeals shall be decided within sixty days after receipt by the appellate officer of the docket of the case, and such decision shall be final.
Sec. 70. Fixing of amount of special assessment. — As soon as the ordinance is in full force and effect, the city treasurer shall determine the amount of the special assessment which the owner of each parcel of land comprised within the zone described in the ordinance levying the same is to pay each year during the prescribed period, and shall send to each of such landowners a written notice thereof by ordinary mail. If upon completion of the public works it should appear that the actual cost thereof is smaller or greater than the estimated cost, the city treasurer shall without delay proceed to correct the assessment by increasing or decreasing, as the case may be the amount of the unpaid annual installments which are still be collected from the landowner affected. If all annual installments have already been paid, the city treasurer shall fix the amount of credit to be allowed to, or additional special tax to be levied upon the land, as the case may be. In all cases, he shall give notice of such rectifications to the parties interested.
Sec. 71. Payment of special assessment. — All sums due from any landowner or owners as the result of any action taken pursuant to this Act shall be payable to the city treasurer in the same manner as the annual ordinary tax levied upon property, and shall be subject to the same penalties for delinquency and be enforced by the same means as said annual ordinary tax; and all said sums together with any of said penalties shall, from the dates on which they are assessed, constitute special liens on said land, with the sole exception of the lien for the non-payment of the ordinary real property tax. If, upon recomputation of the amount of special assessment in accordance with the next preceding section, it appears that the landowner has paid more than what is correctly due from him, the amount paid in excess shall be refunded to him immediately upon demand; in the other case, the landowner shall have one year within which to pay without penalty the amount still due from him. Said period shall be counted from the date the landowner received of proper notice.
Sec. 72. Disposition of proceeds. — The proceeds of
the special assessment and penalties thereon shall be applied
exclusively to the purpose or purposes for which the assessments were
levied. It shall be the duty of the city treasurer to turn over to the
National Treasury all collections made by him from special assessment
levies from national public works.
Sec. 73. Annual budget. — At least four months before the beginning of each fiscal year, the city treasurer shall present to the Mayor a certified detailed statement by department of all receipts and expenditures of the city pertaining to the preceding fiscal year, and to the first seven months of the current fiscal year, and to the first seven months of the current fiscal year together with an estimate of the receipts and expenditures for the remainder of the current fiscal year; and he shall submit with this statement a detailed estimate of the revenues and receipts of the city from all sources for the ensuing fiscal year. Upon receipt of his statement and estimate and the estimates of the department heads as required by Section eighteen of this Charter, the Mayor shall formulate and submit to the Municipal Board at least two and a half months before the beginning of the ensuing fiscal year, a detailed budget covering the estimated necessary expenditure for the said ensuing fiscal year, which shall be the basis of the annual appropriation ordinance: Provided, however, That in no case shall the aggregate amount of such appropriation exceed the estimate of revenues and receipts submitted by the city treasurer as provided above: Provided, further, That no more than sixty per centum of the expected revenues of the city for any fiscal year shall be appropriated for the payment of salaries and wages of officials and employees of the city government for the said fiscal year.
Sec. 74. Supplemental budget. — Supplemental budget formulated in the same manner may be adopted when special or unforeseen circumstances make such action necessary.
Sec. 75. Failure to enact an appropriation ordinance.
— Whenever the Municipal Board fails to enact an appropriation
ordinance for any fiscal year before the end of the previous fiscal
year, the several sums appropriated in the last appropriation ordinance
for the objects and purposes therein specified, so far as they may be
done shall be deemed to be reappropriated for the several objects and
purposes specified in said last appropriation ordinance, and shall go
into effect on the first day of the new fiscal year as the
appropriation ordinance for that year, until a new appropriation
ordinance is duly enacted.
Sec. 76. Regular, auxiliary, and acting judges of the
municipal court. — There shall be a municipal court for the City of
Lucena for which there shall be appointed a municipal judge and an
auxiliary municipal judge. The municipal judge shall receive a salary
of not exceeding six thousand pesos per annum. The Municipal Board may,
when the circumstances so warrant and subject to the approval of the
Secretary of Justice, appropriate the necessary amount for the
establishment of another branch of the municipal court, the judge and
auxiliary judge thereof to be appointed as herein provided. t
Sec. 77. Clerk and employees of the municipal court.
— There shall be a clerk of the municipal court who shall be appointed
by the municipal judge in accordance with the Civil Service Law, rules
and regulations, and who shall receive a compensation to be fixed by
ordinance, approved by the Secretary of Justice, at not exceeding one
thousand eight hundred pesos per annum. He shall keep the seal of the
court and affix it to all orders, judgments, certificate, records, and
other documents issued by the court. He shall keep a docket of the
trial in the court in which he shall record in a summary manner the
names of the parties and the various proceedings in civil and criminal
cases, the names of the defendant, the charge against him, the names of
the witnesses, the date of the arrest, the appearance of the defendant,
together with the fines and costs adjudged or collected in accordance
with the judgment. He shall have the power to administer oath.
Sec. 78. Jurisdiction of municipal court. — The municipal court shall have the same jurisdiction in civil and criminal cases and the same incidental powers as are at present conferred by law. It shall have concurrent jurisdiction with the Court of First Instance over all criminal cases arising under the laws relating to gambling and management of lotteries, to assaults where the intent to kill is not charged or evident upon the trial, to larceny, embezzlement and estafa where the amount of money or property stolen, embezzled or otherwise involved, does not exceed the sum or value of two hundred pesos, to the sale of intoxicating liquors, to falsely impersonating an officer, to malicious mischief, to trespass on government or private property, and to threatening to take human life. It may also conduct preliminary investigation for any offense, without regard to the limits of punishment, and may release, or commit and bind over any person charged with such offense to secure his appearance before the proper court.
Sec. 79. Incidental powers of municipal court. — The municipal court shall have power to administer oaths and to give certificates thereof; to issue summonses, writs, warrants, executions, and all other processes necessary to enforce its orders and judgments, to compel the attendance of witnesses; to punish contempt of court by fine or imprisonment, or both, within the limitations imposed by law; and require of any person arrested a bond for good behavior or to keep the peace, or for the further appearance of such person before a court of competent jurisdiction. But no such bond shall be accepted unless it be executed by the person in whose behalf it is made with sufficient surety or sureties to be approved by said court.
Sec. 80. Procedure in municipal court in prosecution for violation of law and ordinances. — In a prosecution for the violation of any ordinance, the first process shall be a summons; except that a warrant for the arrest of the offender may be issued in the first instance upon the affidavit of any person making the complaint has reasonable grounds to believe that the party charged is guilty thereof, which warrant shall conclude: "Against the ordinances of the city in such cases made and provided." All proceedings and prosecutions for offenses against the laws of the Philippines shall conform to the rules relating to process, pleading, practice, and procedure for the judiciary of the Philippines, and such rules shall govern the municipal court and its officers on all cases insofar as the same may be applicable.
Sec. 81. Costs, fees, fines and forfeitures in municipal court. — There shall be taxed against and collected from the defendant, in case of his conviction in the municipal court, such costs and fees as may be prescribe by law in criminal cases in justice of the peace courts. All costs, fees, fines, and forfeitures shall be collected by the clerk of court, who shall keep a docket of those imposed and of those collected, and shall pay collections of the same to the city treasurer, for the benefit of the city, on the next business day after the same are collected, and take receipts therefor. The municipal judge shall examine said docket each day, compare the same with the amount receipted for by the city treasurer and satisfy himself that all such costs, fees, fines and forfeitures have been duly accounted for.
Sec. 82. No person sentenced by municipal court to be confined without commitment. — No person shall be confined in prison by sentence of the municipal court until the warden officer in charge of the prison shall receive a written commitment showing the offense for which the prisoner was tried, the date of the trial, the exact terms of the judgment or sentence, and date of the order of the commitment. The clerk shall, under seal of the court, issue such a commitment in each case of sentence to imprisonment. t
Sec. 83. Procedure on appeal from municipal court to
Court of First Instance. — An appeal shall lie to the Court of First
Instance in all cases where fine or imprisonment or both, is imposed by
the municipal court. The party desiring to appeal shall, before six
o'clock post meridian of the fifteenth day after the rendition and
entry of the judgment by the municipal court, file with the clerk of
court a written statement that he appeals to the Court of First
Instance. The filing of such statement shall perfect the appeal. The
judge of the court from whose decision appeal is taken shall, within
five days after the appeal is taken, transmit to the clerk of court a
written statement that he appeals to the Court of First Instance a
certified copy of the record of proceedings and all original papers and
processes in the case. A perfected appeal shall operate to vacate the
judgment of the municipal court, and the action, when duly entered in
the court of First Instance, shall stand for trial de novo upon its
merit as though the same had never been tried. Pending an appeal, the
defendant shall remain in custody unless released in the discretion of
the judge of the municipal court or of the judge of the Court of First
Instance, upon sufficient bail in accordance with the procedure in
force, to await the judgment of the appellate court. t
Sec. 84. The General Auditing office — City Auditor. — The city auditor, under the supervision of the Auditor General, shall receive and audit all accounts of the city, in accordance with the provisions of law relating to government accounts and accounting. The provincial auditor of the Province of Quezon shall act as city auditor ex officio of the City of Lucena, and shall receive an additional salary of not exceeding the sum authorized under Republic Act Numbered Eight hundred forty, payable from the funds of the city.
Sec. 85. The Bureau of Supply Coordination. — If the City Mayor should so request, the purchasing agent shall purchase supply in accordance with all supplies, equipment, materials and property of every kind, except real estate for the use of the city and its departments and offices. But contracts for completed works 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 contractor, shall not be deemed to be within the purview of this section.
Sec. 86. The Bureau of Public Schools — Superintendent of the city schools. — The Director of the Bureau of Public Schools shall exercise the same jurisdiction and powers in the city as elsewhere in the Philippines and the division superintendent of schools for the Province of Quezon shall act as superintendent of city schools ex officio of the City of Lucena. The superintendent of the city schools ex officio shall have the powers and duties in respect to the schools of the city as are vested in division superintendents in respect to schools of their divisions, and shall receive an additional salary of not exceeding the sum authorized under Republic Act Numbered Eight hundred forty.
Sec. 87. The city school board. — There shall be a city school board of six members, two of whom shall be women, and who shall serve without compensation, shall be elected and removed in the same manner, and shall have the same powers and duties, as local school boards in the municipalities.
Sec. 88. Powers of the Municipal Board over the city schools. — The Municipal Board shall have the same powers in respect to the establishment of schools as are conferred by law on municipal councils: Provided, That in the case of primary and intermediate schools, the cost of establishing and maintaining them, including salaries and other remuneration of officials, teachers and employees thereof, shall be borne by the National Government.
Sec. 89. Reports to the Mayor concerning schools. — Construction and custody of school buildings. — The superintendent of city schools ex officio shall make a quarterly report on the conditions of the schools and school building and maintaining them, including salaries and other remuneration of officials, teachers and employees thereof, shall be borne by the National Government.
Sec. 90. Reports to the Mayor concerning schools. —
Construction and custody of school buildings. — The superintendent of
city schools ex officio shall make a quarterly report on conditions of
the schools and school buildings and maintaining them, including
salaries and other recommendations as seem to him wise in respect to
the numbers of teachers, their salaries, new buildings to be erected,
and all other matters. The city school board shall make a similar
annual reports to the City Mayor.
Sec. 91. Change of Government. — The city government provided for in this Charter shall be organized on such a date as may be fixed by the President of the Philippines: Provided, That the incumbent Mayor, Vice-Mayor and members of the municipal council of the Municipality of Lucena shall continue to hold office until the City Mayor, Vice-Mayor and the members of the Municipal Board shall have been elected in the next regular elections for provincial and municipal officials and shall have qualified.
Sec. 92. Relations between the City of Lucena and the National Police Agencies. — The city police shall exercise exclusive police jurisdiction within the territorial limits of the City of Lucena: Provided, That when public interest so requires, the City Mayor may request from the Philippine Constabulary, the National Bureau of Investigation and other national police agencies, the necessary assistance needed by the city in the enforcement of peace and order, or in case of emergency.
Sec. 93. Relations between the City of Lucena and the
provincial government of Quezon. — The City of Lucena shall remain the
capital of the Province of Quezon. All qualified electors of the city
shall be qualified and entitled to vote and be voted upon in all
provincial elective positions in accordance with the Revised Election
Sec. 94. Representative District. — Unless otherwise
provided by law, the City of Lucena shall continue as part of the first
representative district of the Province of Quezon.
Sec. 95. This Act shall take effect upon its approval.
Approved: June 17, 1961.