REPUBLIC ACT NO. 4088 - AN ACT
AMENDING CERTAIN SECTIONS OF COMMONWEALTH ACT NUMBERED THREE HUNDRED
TWENTY-SIX, OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF BACOLOD
Section 1. The last paragraph of Section eight of
Commonwealth Act Numbered Three hundred twenty-six is amended to read
as follows:
"He shall receive a salary of ten thousand pesos a year. The mayor may
receive, in addition to his salary, an allowance to be fixed by the
city council, which he may disburse for any lawful purpose incident to
his duties as mayor."
Sec. 2. The second paragraph of Section nine of
the same Act is hereby repealed.
Sec. 3. The last paragraph of Section thirteen of
the same Act is amended to read as follows:
"The vice-mayor shall receive a salary of six thousand six hundred
pesos per annum, and the members of the city council shall each receive
a salary of four thousand eight hundred pesos per annum."
Sec. 4. The first paragraph of Section fourteen of
the same Act is amended to read as follows:
"Sec. 14. Appointment and duties of secretary of
council. — The council shall have a secretary, who shall be elected by
it to serve during the term of office of the members. A vacancy in the
office of the secretary shall be filled temporarily or for the
unexpired term in like manner. The compensation of the secretary shall
be fixed by the council at not less than four thousand two hundred
pesos a year."
Sec. 5. Subsections (l) and (m) of Section seventeen of the same Act are amended to read as follows:
"(l) To regulate and fix the amount of the license
fees for the following: hawkers, peddlers, hucksters, not including
hucksters or peddlers who sell only native vegetables, fruits, or
goods, personally carried by the hucksters or peddlers, auctioneers,
plumbers, barbers, embalmers, collecting agencies, mercantile agencies,
shipping and intelligence offices, private detective agencies,
advertising agencies, massagists, tattooers, jugglers, acrobats,
hotels, clubs, restaurants, cafes, lodging houses, boarding houses,
dealers in large cattle, public billiard tables, laundries, cleaning
and dyeing establishments, public warehouses, dance halls, cabarets,
circus and other similar parades, public vehicles, race tracks, horse
races, bowling alleys, shooting galleries, slot machines, merry-go
rounds, pawnshops, dealers in second-hand merchandise, junk dealers
brewers, distillers, rectifiers, money changers and brokers, public
ferries, and the keeping, preparation, and sale of meat, poultry, fish,
game, butter, cheese, lard, vegetables, bread and other provisions. To
regulate, tax and fix the license fees of: (a) theaters, theatrical
performances, cinematographs, public exhibitions, circuses, and all
other performances and places of amusements; and (b) sugar centrals and
rice mills. To tax and fix the licenses fees on (a) dealers in new
automobiles or accessories or both, and (b) retail dealers in new
merchandise, which dealers are not yet subject to the payment of any
municipal tax. For the purposes of taxation, these retail dealers shall
be classified as (1) retail dealers in general merchandise, and (2)
retail dealers exclusively engaged in the sale of (a) textiles
including knitted wares, (b) hardwares including glasswares, cooking
utensils, electrical goods and construction materials, (c) groceries
including toilet articles except perfumery, (d) drugs including
medicines and perfumeries, (e) books including stationery, paper, and
office supplies, (f) jewelry, (g) slippers, (h) arms, ammunitions, and
sporting goods.
"(m) To tax, fix the license fee, regulate the
business and fix the location of match factories, blacksmith shops,
foundries, steam boilers, lumber yards and lumber dealers, shipyards,
the storage and sale of gunpowder, tar, pitch, resin, coal, oil,
gasoline, benzine, turpentine, hemp, cotton, nitroglycerine, petroleum,
or any of the products thereof, and all other highly combustible or
explosive materials, and other establishments likely to endanger the
public safety or give rise to conflagrations or explosions, and,
subject to the regulations issued by the Bureau of Health Services in
accordance with law, tanneries, renderies, tallow chandleries,
embalming, and funeral parlors, bone factories and soap factories."
Sec. 6. The last paragraph of Section nineteen of
the same Act is amended to read as follows:
"There shall be a City Court for which two judges shall be appointed."
Sec. 7. Section twenty-one of the same Act is
amended to read as follows:
"Sec. 21. The City Court. — There shall be two judges
and two auxiliary judges of the City Court for the city who shall have
the same powers, duties and jurisdiction as municipal judges and
auxiliary municipal judges generally; and, in addition thereto,
territorial jurisdiction over the entire police zone of the city. All
fines, forfeitures, and fees imposed and collected by the judges
authorized by this section shall accrue to the benefit of the city
treasurer. The City Court of the City of Bacolod shall have concurrent
territorial jurisdiction with the Court of First Instance of the
Province of Occidental Negros and the municipal courts of the
respective municipalities to try crimes and misdemeanors committed
within the zone for police purposes as provided for in Section six of
this Charter. The court first taking jurisdiction of such an offense
shall thereafter retain exclusive territorial jurisdiction thereof."
Sec. 8. The same Act is amended by inserting
between Section s twenty-one and twenty-two thereof a new section to
read as follows:
"Sec. 21-A. The clerk of the City Court. — There
shall be a clerk of the City Court who shall be appointed by the City
Judge in accordance with the Civil Service laws, rules and regulations
who shall receive a compensation of not exceeding three thousand 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 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 City Court shall at the same time be sheriff of the
city and shall as such have the same powers and duties as are assigned
by existing law to provincial sheriffs. The city council may provide
for such number of clerks in the office of the clerk of the City Court
as the needs of the service may demand."
Sec. 9. The first paragraph of Section twenty-two
of the same Act is amended to read as follows:
"Sec. 22. The city attorney — His assistants — His
duties. — The law department shall consist of the city attorney and
seven assistants, who shall discharge their duties under the general
supervision of the Secretary of Justice. The city attorney shall be the
chief legal adviser of the city and all offices and departments
thereof; shall represent the city in all civil cases wherein the city
or any officer thereof in his official capacity is a party; shall
attend, when required, meetings of the council, draw ordinances,
contracts, bonds, leases, and other documents involving any interest of
the city and inspect and pass upon all such documents already drawn;
shall give his opinion in writing when requested by the mayor or
council upon any question relating to the city, or the rights or duties
of any city officer; shall, whenever it is brought to his knowledge
that any city officer or employee is guilty of neglect or misconduct in
office, or that any person, firm, or corporation holding or exercising
any franchise or public privilege from the city has failed to comply
with any condition, or to pay any consideration mentioned in the grant
of such franchise or privilege, investigate the same and report to the
mayor; shall, when directed by the mayor, institute and prosecute in
the city's interest a suit on any bond, lease, or other contract, and
upon any breach or violation thereof; and shall prosecute and defend
all civil actions related to or connected with any city office or
interest. He shall also have charge of the prosecution of all crimes,
misdemeanors, and violations of city ordinance in the Court of First
Instance and the City Court of the city, and shall discharge all the
duties in respect to criminal prosecutions enjoined by law upon
provincial fiscals."
SECTION 10. Section twenty-three of the same Act is
hereby repealed.
SECTION 11. The last paragraph of Section thirty-seven of the same Act is amended to read as follows:
"The City judge, the city health officer, the city attorney, the city
engineer, and the city treasurer, shall each receive a salary of seven
thousand two hundred pesos per annum; the city auditor, the city
assessor and the chief of police shall each receive a salary of six
thousand six hundred pesos per annum; and the secretary (b) the second
to the mayor shall receive a salary of four thousand two hundred pesos
per annum. The assistant city attorneys shall each receive compensation
in accordance with the following scale: (a) the third assistant city
attorney, six thousand six hundred pesos per annum; (b) the second
assistant city attorney, six thousand pesos per annum; (c) the third
assistant city attorney, five thousand four hundred pesos per annum;
(d) the fourth assistant city attorney, three thousand six hundred
pesos per annum; and (g) the seventh assistant city attorney, three
thousand pesos per annum: provided, however, that the city council
shall determine and fix by ordinance the salaries of officers and
employees of the city, with the approval of the head of the Department
of the National Government to whose administrative supervision such
officers and employees of the city are subject: and, provided, further,
that in case of failure to make an appropriation for such salaries, the
salaries so fixed in the preceding fiscal year shall be paid without
the necessity of further appropriation therefor."
SECTION 12. The provisions of Commonwealth Acts
Numbered Four hundred nine and Four hundred twenty-four to the contrary
notwithstanding, the City of Bacolod shall have its own city attorney
and city engineer in accordance with its Charter.
SECTION 13. This Act shall take effect upon its
approval.
Approved: June 19, 1964
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