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REPUBLIC ACT NO. 2643 - AN ACT
CREATING THE CITY OF SAN CARLOS |
Section 1. This
Act shall be known as the Charter of San Carlos. ARTICLE I General Provisions Sec. 2. Territory of the City of San Carlos. — The City of San Carlos which is hereby created shall comprise the present territorial jurisdiction of the Municipality of San Carlos in the Province of Negros Occidental. Sec. 3. Corporate character of the City. — The City of San Carlos shall constitute a political body corporate and shall be 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, 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 wherein said city is a party, and exercise all the powers hereinafter conferred. Sec. 5. The city not liable for damages. — The city shall not be liable or held liable for damages or injuries to persons or property arising from the failure of the municipal board, the mayor, or any other officer or employee, to enforce the provisions of this Charter, or any other law or ordinance, or from negligence of said municipal board, mayor or other city officers or employees while enforcing or attempting to enforce the provisions thereof: Provided, however, That nothing herein contained shall prevent any aggrieved party from filing a personal action in the proper court against any official or employee of the city government for any act or omission in the performance of his duties. Sec. 6. Jurisdiction of the City. — The
jurisdiction of the City of San Carlos for police purposes shall be
coextensive with its territorial jurisdiction, and for the purposes 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 or within one hundred meters of
any reservoir, conduit, canal, aqueduct or pumping station used in
connection with the city water service. The municipal court shall have
concurrent jurisdiction with the justice of the peace court of the
respective municipalities, to try crimes and misdemeanors committed
within said drainage areas, 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 zones areas and spaces.
But any license that may be issued within said zones areas or spaces
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. Mayor. — The mayor shall be elected at
large by the qualified voters of the city. He shall be at least thirty
years of age, a resident of the city at least five years prior to his
election, and a qualified voter therein: Provided, That the first
election for mayor shall be held at the general election for provincial
and municipal officials next following the approval of this Act. He
shall hold office for four years, unless sooner removed for just cause
and with due process of law. Sec. 8. The Vice-Mayor. — 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 definite vacancy in the position of 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. If, for any reason, the vice-mayor
is temporarily incapacitated for the performance of the duties 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 President. He shall have the following general
powers and duties: Section 10. Secretary to the Mayor. — The mayor shall
appoint one secretary who shall hold office at the pleasure of the
mayor and who shall receive a compensation, to be fixed by ordinance
approved by the President of the Philippines, at not exceeding three
thousand three hundred pesos per annum. Section 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 the vice-mayor, who shall be its presiding officer, and eight
councilors who shall be elected at large by popular vote during every
election for provincial and municipal officials in conformity with the
provisions of the Revised Election Code. The said presiding officer
shall vote only in case of tie. In case of sickness, absence,
suspension or other temporary disability of any member of the board, or
is necessary to maintain a quorum, the President of the Philippines may
appoint a temporary substitute belonging to the same political party,
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. Section 12. Qualifications, suspensions and removal
of members of the board. — The members of the municipal board shall, at
the time of their election, be qualified electors of the city,
residents therein for at least two years immediately prior to their
election, and not less than twenty-three years of age. Elections for
members of the board shall be held on the date of the regular election
for provincial and municipal offices, and elected members shall assume
office on the first day of January next following their election, upon
qualifying, and shall hold office for four years and until their
successors shall have been duly elected and qualified. The eight
candidates receiving the greatest number of votes shall be declared
elected. Section 13. Appointment, salary and duties of
secretary of the board. — The board shall have a secretary who shall be
appointed by the mayor with the consent of the majority members of the
board and who shall serve during the term of office of the members
thereof. The compensation of the secretary shall be fixed by ordinance,
approved by the President of the Philippines, at not exceeding one
thousand nine hundred twenty pesos per annum. A vacancy in the office
of the secretary shall be filled temporarily for the unexpired term in
like manner. Section 14. Method of transacting business by the
board — Veto; authentication and publication of ordinances. — Unless
the President of the Philippines orders otherwise, the board shall hold
one ordinary session for the transaction of business during each week
on a day which shall be fixed by resolution, and such extraordinary
sessions, not exceeding thirty days 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 rule 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 ordinances. Five affirmative votes
shall be necessary for the passage of any ordinance, or of any
resolution or motion directing the payment of money or creating
liability, but any other measure shall prevail upon the majority votes
of the members present at any meeting duty called and held. The ayes
and nays shall be taken and recorded upon the passage of all
ordinances, upon all resolutions or motions directing the payment of
money or creating liability, and at the request of any member, upon any
other resolution or motion. Each 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 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
overridden by the required votes unless otherwise stated in the
ordinance or again disapproved by the mayor within said
time. Section 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
legislative powers: Section 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 in 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. Section 17. City departments. — There shall be a
finance department, an engineering department, a law department, a
health department, a police and fire departments, and an assessment
department, unless otherwise provided by law, the mayor shall have
general supervisory control over all the city departments. Section 18. Powers and duties of heads of
departments. — Each head of department of the city government shall be
in control of such department under the direction and supervision 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 otherwise expressly provided. At least four
months before the beginning of each fiscal years, he shall prepare and
present to the mayor an estimate of the receipts and 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. Section 19. Appointment, removal and salaries 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 and fire department, and other heads of such city departments as
may be created. Said officers shall not be suspended or removed except
in the manner and for causes provided by law. 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 the 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 instrumentality or subdivision thereof is an interested party. Sec. 21. Statement of assets. — Before assuming
office, every official and regular employee of the city government
shall file in the office of the city attorney a sworn statement of his
assets and property holdings. Sec. 22. 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 not exceeding four thousand two hundred pesos
per annum. He shall have the following general powers and duties: Sec. 23. The City Attorney and Register of Deeds
ex officio — His compensation, powers and duties. — The city attorney
who shall discharge his duties under the general supervision of the
Secretary of Justice shall be the chief legal adviser of the city. He
shall receive a salary of not exceeding three thousand six hundred
pesos per annum. He shall act as city register of deeds ex officio with
an additional compensation of six hundred pesos per annum. He shall
have the following powers and duties: Sec. 24. The City Engineer — His powers and
duties. — There shall be a city engineer, who shall be in charge of the
department of engineering and public works. He shall receive a salary
not exceeding four thousand two hundred pesos per annum. He shall have
the following powers and duties: Sec. 25. Execution of authorized public works and
improvement. — 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, and by publication in the Official Gazette, both for not less
than ten days: Provided, however, That the city engineer may, with the
approval of the President of the Philippines, upon the recommendation
of the Secretary of Public Works and Communications, execute by
administration any such public work costing three thousand pesos or
more. Sec. 26. The City Health Officer — His salary,
powers and duties. — There shall be a city health officer, who shall
have charge of the health department. He shall receive a salary not
exceeding four thousand two hundred pesos per annum. The city health
officer shall have the following general powers and duties: Sec. 27. The Chief of Police — His powers duties
and compensation. — There shall be a chief of police who shall have
charge of the police and fire department. He shall receive a salary not
exceeding three thousand six hundred pesos per annum. He shall have the
following general powers and duties: Sec. 28. Chief of the detective service. — There
shall be a chief of the detective service who shall, under the chief of
police, have charge of the detective work of the department and of the
detective force of the city, and shall perform such other duties as may
be assigned to him by the chief of police or prescribed by law or
ordinance. Sec. 29. Peace Officers — Their powers and duties.
— The mayor, the chief of police, the chief of the detective 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 hereinabove defined,
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; 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 detail and arrest
a 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, or when he has reason to fear any serious violation of law
and order, he may call upon the provincial commander or other members
of the Armed Forces of the Philippines. Sec. 30. The City Treasurer as City Assessor ex officio — His powers and duties. — The city treasurer shall act as the city assessor ex officio with an additional compensation of six hundred pesos per annum and shall have charge of the department of assessment. He and his authorized deputies are empowered to administer any oath authorized in connection with the valuation of real estate for the assessment and collection of taxes. He shall make the list of the taxable real estate in the city, arranging in order of the lot and block numbers the names of the owners thereof, with a brief description of the property opposite each such name and the cash value thereof. In making this list, the city assessor shall take into consideration any sworn statement made by the owners of the property, but shall not be prevented thereby from considering other evidence on the subject and exercising his own judgment in respect thereto. For the purpose of completing this list, he and his representatives may enter upon the real estate for the purpose of examining and measuring it, and may summon witnesses, administer oaths to them and subject them to examination concerning the ownership and the amount of real estate and its cost value. He may, if necessary examine the records of the office of the Register of Deeds of the Province of Negros Occidental showing the ownership of real estate in the city. Sec. 31. Real estate exemption from taxation. —
The following shall be exempted 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 succeeding 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 readily to 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 years 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 to assess such taxes at the time when they should have been assessed was due to any faulty 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 this 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 theretofore 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 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 then the tenth day of February, the
city assessor will be in his office for the purpose of hearing
complaints as to the accuracy of the listing of the property and the
assessed value thereof. He shall further notify in writing each person
the amount of whose tax will be changed by such proposed change, by
delivering or mailing at least 30 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 Philippines. Sec. 37. City assessor ex officio to authenticate
list of real estate assessed. — The city assessor 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, with 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, and it shall be the duty of that officer forthwith to transmit the appeal to the Board of Tax Appeals with all written evidence in his possession relating to such assessment and valuation. Sec. 39. Composition and compensation of 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
compensation. Sec. 40. Oath to be taken by 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 duty 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 a 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 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 as lawful and valid for all purposes as though the assessment had been made within the time herein prescribed. Such assessment 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 duty 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 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: 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 by tendering to him the amounts of the tax, the penalty, and the cost incurred up to the time of tender. The cost to be charged in making such seizure and sale shall only embrace the actual expense of seizure and preservation of the property pending the sale and no charge shall be imposed for the services of the collecting officer or his deputy. 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 mush of
the same as shall satisfy the tax, penalty and cost of seizure and same
shall be sold to the highest bidder. The purchaser as such sale shall
acquire an indefeasible title to the property sold. 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 the expiration of one year from the date on which the taxpayer has been delinquent, and in the event of continued default in the payment of the penalty, all private rights, title and interests 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 thereof. 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 publication of the advertisement provided for in the next succeeding section, the owner or his lawful representative, or any person having any lien, rights, 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 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 Negros Occidental in English and Spanish and in the dialect commonly used in the locality/and a copy of said notice shall be sent 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 then due, and shall state that unless such 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 officers 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 from 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 home, the occupant 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 forty-eight hereof, and at any time prior to the sale or the execution of the contract of sale by the city treasurer to a 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 subject to said lease: Provided, That the payment of the sale, may at the discretion of the purchaser, be made in installment, 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 from 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 an 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 purchaser, 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 provision 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 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 thereon, of the redemption of which no application has been filed. Such announcement shall be made by posting a notice for three consecutive weeks at the main entrances of the City Hall and of all 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 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.
The payment of the sale price may, at the option of the purchaser, be
made on installments covering a period not exceeding twelve months, but
the initial payment which shall be made at the time of the sale, and
such subsequent payment shall not be less than twenty-five per centum
of the sale price, 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 following that in
which the sale took place. Any failure of the purchaser to pay the
total price of the sale within twelve months from the date thereof,
shall be sufficient ground for its cancellation, and any part payment
made shall revert to the city government, and if the purchaser 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 the property, the city treasurer or his deputy shall
immediately take steps to eject the tenants or occupants of the
property, in accordance with the procedure prescribed in Section fifty-one of this Act. Sec. 55. Redemption of real estate after 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 the 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, and said deed shall succinctly recite all the proceedings upon which the validity of the sale depends. Any balance remaining from the proceeds upon which the 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 representatives. 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 comprise 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. ARTICLE XI 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 nationald for schools, the City of San Carlos 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 specially
benefited, of a part not to exceed sixty per centum of the cost of
laying, 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, canal drains and sewer, including the cost of
acquiring the necessary land and public improvements thereon, as
hereinafter provided. 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 valuation of such lands as shown in the books of the city assessor. If the property has not been declared for taxation purposes, the city assessor 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 proposed work, may be 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 places where public
notices are generally posted in the city and also in the district or
section where the public improvement is constructed or contemplated to
be constructed. Sec. 65. Protest against special assessment. — Not later than ten days after the last publication of the ordinance and the list of landowners, as provided in the preceding section, the landowners affected, if they compose 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 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 approves it, the ordinance shall be published as above 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 holding represent more than one-half of the total assessed value of the lands affected. The appellants shall immediately give the 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 office 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 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 owners 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 special tax on each parcel of land affected, for the balance of the unpaid annual installments. If all annual installments have already been paid, the city treasury shall fix the amount of credit to be allowed to, or the 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 owner or owners as a result of any action taken pursuant to this article shall be payable to the city treasury in the same manner as the annual ordinary tax levied upon real 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 lien on said land, with sole exception of the lien for the nonpayment 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 landowners 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 the proper notice. Sec. 72. Disposition of proceeds. — The proceeds
of the special assessment and penalties thereon shall be applied
exclusively to the purposes for which the assessments were levied. It
shall be the duty of the city treasurer to turn over to the National
Treasurer all collections made by him from special assessment levies
for national public works. ARTICLE XII Sec. 73. Annual budget. — At least three months before the beginning of each 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 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 the receipt of this statement and estimate, and the estimates of 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 expenditures 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 or revenues and receipts submitted by the city treasurer as provided above; Provided, further, That not less than fifteen per cent of the expected revenue of the city for any fiscal year shall be appropriated for public improvements of 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 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, 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 the year, until a new appropriation ordinance is duly
enacted. ARTICLE XIII Sec. 76. Regular, auxiliary and acting judge of municipal court. — There shall be a municipal court for the city of San Carlos for which there shall be appointed a municipal judge and an auxiliary municipal judge. The municipal judge may, upon proper application, be allowed a vacation of not more than thirty days every year with salary. The auxiliary municipal judge shall discharge the duties of the municipal judge in case of absence, incapacity or inability of the latter until he assumes his post, or until a new judge shall have been appointed. During his incumbency the auxiliary municipal judge shall enjoy the powers emoluments and privileges of the municipal judge who shall not receive any remuneration therefor except the salary to which he is entitled by reason of his vacation provided for in this Charter. In case of absence, incapacity or inability of both the municipal judge and the auxiliary municipal judge, the Secretary of Justice shall designate the justice of the peace of any of the adjoining municipalities to preside over the municipal court, and he shall hold the office temporarily until the regular incumbent or the auxiliary judge thereof shall have resumed office, or until another judge shall have been appointed in accordance with the provisions of this Charter. The justice of the peace so designated shall receive his salary as justice of the peace plus seventy per cent of the salary of the municipal judge whose office he has temporarily assumed. The municipal judge shall receive a salary not exceeding four thousand two hundred pesos per annum. He shall have his residence in the city. Sec. 77. Clerk and employees of the municipal court. — There shall be a clerk of the municipal court who shall be appointed by the mayor in accordance with Civil Service law, rules and regulations, and who shall receive a compensation, to be fixed by ordinance approved by the President of the Philippines, at not exceeding one thousand five hundred pesos per annum. He shall keep the seal of the court and affix it to all orders, judgments, certificates, records, and other documents issued by the court. He shall keep a docket of the trials in the court, in which he shall record in a summary manner the names of the parties and the various proceedings in civil cases, and in the criminal cases, the name 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 oaths. The clerk of the municipal court shall, at the same time, be sheriff of the city and shall as such have the same powers and duties conferred by existing law to provincial sheriffs. The municipal board may provide for such number of clerks in the office of the clerk of the municipal court as the needs of the services may demand. 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 upon them 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 investigations 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 power of municipal court. — The municipal court shall have power to administer oaths and to give certificates thereof; to issue summons, writs, warrants, executions and all other processes necessary to enforce its orders and judgments; to compel the attendance of witnesses; to punish contempts of court by fine or imprisonment, or both, within the limitation 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 ordinance. — In a prosecution for the violation of any ordinance, the first process shall be summons; except that a warrant for the arrest of the offender may be issued in the first instance upon the affidavit of any person that such ordinance has been violated, and that the 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 in the 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 prescribed by law in criminal cases in justice of the peace courts. All costs, 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, compare the same with the amount receipted for. 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 or officer of the prison shall receive a written commitment showing the offense for which the prisoner was tried, the date of trial, the exact terms of the judgment or sentence, and the 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. 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 notice of judgment by
the municipal court, file with the clerk of the 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 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
merits 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 procedure in force, to
await the judgment of the appellate court. Section 84. Judicial notice of ordinance. — All courts sitting in the city shall take judicial notice of the ordinances passed by the city council. Section 85. Attendance in court,
permission to pursue other vacation. — The municipal or auxiliary
municipal judge when discharging the duties of the municipal judge
shall be present at least four hours on each business day in his office
or at the place where the court is held, but he may, after office
hours, with the permission of the Secretary of Justice, pursue any
other vocation or hold any other office or position. ARTICLE XIV Section 86. 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. He shall be appointed by the Auditor General and shall receive a salary of three thousand nine hundred pesos per annum, payable half by the national government and half from the funds of the city. Section 87. The Division of the Purchase and Supply. — The purchasing agent shall purchase and supply in accordance with law 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 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 contractor shall not be deemed to be within the purview of this section. Section 88. The Bureau of Public Schools. — The Director of the Bureau of Public Schools shall exercise the same jurisdiction and power in the city as elsewhere in the Philippines and the division superintendent of schools for the Province of Negros Occidental shall have all the powers and duties in respect to the schools of the city as are vested in division superintendents in respect to schools of their divisions. Sec. 89. Reports to the mayor concerning schools —
Construction and custody of school buildings. — The division
superintendent of schools shall make a quarterly report of the
condition of the schools and school buildings of the City of San Carlos
to the mayor, and such recommendations as seems 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. ARTICLE XV Sec. 90. 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. The incumbent Mayor, Vice-Mayor and members of the Municipal Council of the Municipality of San Carlos shall continue in office as the Mayor, Vice-Mayor and members of the Municipal Board of the City respectively, until the expiration of their present terms of office. Section 91. Election of Provincial Governor and Members of the Provincial Board of Negros Occidental. — The voters of the City of San Carlos shall be qualified and entitled to vote in the election of the Provincial Governor and the members of the Provincial Board of the Province of Negros Occidental. Section 92. Representative District. — Until otherwise provided by law, the City of San Carlos shall continue as part of the First Representative District of the Province of Negros Occidental. Section 93. This Act shall take
effect upon its approval. Approved: June 18, 1960 |
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