REPUBLIC ACT NO. 4475 - AN ACT
ESTABLISHING THE NEW CAPITAL OF THE PROVINCE OF NUEVA ECIJA, CREATING
THE CITY OF PALAYAN, PROVIDING A CHARTER THEREFOR, AND FOR OTHER
PURPOSES
GENERAL PROVISIONS
Section 1. Incorporation, Powers. — The territory comprising
thirty-five million five hundred fifty-seven thousand three hundred
thirty-four square meters, located at or near the barrios of Malate,
Bongabon, and Ganaderia, Laur along the Cabanatuan City-Bongabon Road,
in the Province of Nueva Ecija, the exact boundaries and limits of
which are to be defined as herein provided, shall be a political
subdivision to be known as the City of Palayan, and by that name shall
have perpetual succession; have and use a common seal which it may
alter at pleasure; sue and be sued, and prosecute and defend to final
judgment and execution; take, purchase, receive, hold, lease, convey,
and dispose of real and personal property, for the benefit of the City,
within or without its corporate limits; contract and be contracted
with; and execute all the powers hereinafter conferred, as well as
those generally and ordinarily conferred upon chartered cities.
The City of Palayan shall be the new capital of the Province of Nueva
Ecija.
Sec. 2. Territory. — The District Engineer of the
Province of Nueva Ecija shall, within three months after the approval
of this Act, survey and, by proper metes and bounds, determine the
territory of the City of Palayan, indicating in the plan, among others,
avenues, streets, plazas, parks, and lots for public use. Upon the
completion of such survey, the Director of Public Works shall certify
the same to the President of the Philippines who shall, by executive
order, define the boundaries and limits of the territory of the City.
The Provincial Board of Nueva Ecija shall have the power to purchase,
accept gifts or donations of, or institute expropriation proceedings
concerning, such lands as may be within the territory of the City for
the general interests of the City for public use.
Sec. 3. The City not liable for damages. — The
City shall not be held liable for damages or injuries to persons or
property arising from the failure of the City Council, the City Mayor,
or any other City officer or employee, to enforce the provisions of
this Charter, or any other law or ordinance, or from negligence of said
City Council, City Mayor or other City officers or employees while
enforcing or attempting to enforce said provisions.
Sec. 4. Jurisdiction of the City for police
purposes. — The jurisdiction of the City of Palayan for police purposes
shall extend within the territorial limits of said City; and for the
purpose of protecting and insuring the purity and quantity of water
supply of the City, such police jurisdiction shall also extend over all
territories within the drainage areas of such water supply, or within
one hundred meters of any reservoir, conduit, canal, aqueduct, pumping
station or watershed, used in connection with the City water service.
The City Court shall have concurrent jurisdiction with the municipal
courts of the municipalities within which the said territories within
the drainage area and the said space of one hundred meters are
situated, to try crimes or offenses committed therein. The court first
taking jurisdiction of such an offense shall thereafter retain
exclusive jurisdiction thereof. All fines, forfeitures, fees and costs,
imposed by reason of offenses committed within the said drainage areas
shall accrue, not to the treasury of the City of Palayan but to the
treasury of the municipality in which the said space or territory in
which the offense committed is located.
CITY OFFICES AND OFFICERS IN
GENERAL
Sec. 5. Chief official of City government. — The
chief officials of the government of the City are the City Mayor, City
Vice-Mayor, six members of the City Council, City Engineer, City
Treasurer, City Auditor, City Assessor, City Fiscal, City Health
Officer, Judge of the City Court, Chief of Police, Secretary of the
City Council and Secretary of the City Mayor.
The Provincial Governor shall be the ex-officio City Mayor, the
Provincial Vice-Governor shall be the ex-officio City Vice-Mayor, and
the three Members of the Provincial Board shall be ex-officio members
of the City Council and the three others shall be appointed by the
President upon the recommendation of the Provincial Governor. The
district engineer, the provincial treasurer, provincial auditor,
provincial assessor, the provincial fiscal and the district health
officer of the Province of Nueva Ecija, shall be ex-officio city
engineer, city treasurer, city auditor, city assessor, city fiscal and
city health officer of the City, respectively.
The Secretary of the Provincial Board of Nueva Ecija shall act as the
secretary of the City Council, and the secretary to the Provincial
Governor shall act as the secretary to the City Mayor.
Sec. 6. General powers and duties of the City
Mayor. — Unless otherwise provided by law, the City Mayor shall have
immediate control over the executive and administrative functions of
the different offices of the City, subject to the authority and
supervision of the Department Head. He shall have the following general
powers and duties:
(a) To comply with and enforce and give the necessary
orders for the faithful enforcement and execution of the laws and
ordinances in effect within the jurisdiction of the City;
(b) To safeguard all the lands, buildings, records,
moneys, credits, and other property and rights of the City, and,
subject to the provisions of this Charter, have control of all its
property;
(c) To see that all taxes and other revenues of the
City are collected and applied in accordance with appropriations to the
payment of the municipal expenses;
(d) To cause to be instituted judicial proceedings to
recover property and funds of the City whenever found, to cause to be
defended all suits against the City, and otherwise to protect the
interest of the City;
(e) To see that the executive officers and employees
of the City properly discharge their respective duties;
(f) To examine and inspect the books, records and
papers of all officers, agents and employees of the City over whom he
has executive supervision and control at least once a year, and
whenever the occasion arises. For this purpose, he shall be provided by
the City Council with such clerical or other assistance as may be
necessary;
(g) To give such information and recommend such
measures to the City Council as he shall deem advantageous to the City;
(h) To represent the City in all its business matters
and sign on its behalf all its bonds, contracts, and obligations made
in accordance with law or ordinance;
(i) To submit to the City Council at least two months
before the beginning of each fiscal year a budget of receipts and
expenditures of the City;asia
(j) To receive, hear and decide as he may deem proper
the petitions, complaints, and claims concerning all classes of
municipal matters of an administrative or executive character;
(k) To grant or refuse municipal licenses or permits
of all classes and to revoke the same for violation of the conditions
upon which they were granted, or if acts prohibited by law or municipal
ordinance are being committed under the business for which the same
have been granted is carried on, or for any other reason of general
interest;
(l) To exempt, with the concurrence of the division
superintendent of schools, deserving poor pupils from the payment of
schools fees or of any part thereof;
(m) To take such emergency measures as may be
necessary to avoid fires and floods, and mitigate the effects of storms
and other public calamities; and
(n) To perform such other duties and exercise such
other executive powers as may be
prescribed by law or ordinance.
Sec. 7. The City Vice-Mayor. — The City Vice-Mayor
shall perform the duties of the Mayor in the event of sickness or other
temporary incapacity of the Mayor, or in the event of a definitive
vacancy in the position of Mayor, until said office shall be filled in
accordance with law. 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 Mayor shall be
performed by the member of the City Council who obtained the highest
number of votes during the last preceding elections. In the event of
temporary incapacity of the latter, the member of the City Council who
obtained the next highest number of votes shall perform the duties of
Mayor. The Acting Mayor shall have the same powers and duties as the
Mayor.
The Vice-Mayor shall be a member of the City Council and entitled to
the privileges as are granted to members thereof.
Sec. 8. Secretary of the City Mayor; his duties. —
The secretary to the City Mayor shall have charge 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 City 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 City Mayor; shall, upon
request, furnish certified copies of all records and documents in his
charge which are not of a confidential character and shall charge fifty
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 City Mayor may require of him.
Sec. 9. Secretary of the City Council; his duties.
— The secretary of the City Council shall be in charge of the records
of the City Council. He shall keep a full record of the proceedings of
the City Council, and file all documents relating thereto; shall
record, in a book kept for that purpose, all ordinances, and all
resolutions and motions directing the payment of all money or creating
liability, enacted or adopted by the City Council, with the dates of
passage of the same and of the publication of ordinances; shall keep a
seal, circular in form, with the inscription "City Council-City of
Palayan", and affix the same, with his signature, to all ordinances and
other official acts of the City Council, and shall present the same for
signature to the presiding officer of the City Council; shall cause
each ordinance passed to be published as herein provided; shall, upon
request, furnish certified copies of all records of the City Council of
public character in his charge under the seal of his office and charge
fifty centavos for each one hundred words including the certificate,
such fees to be paid directly to the city treasurer; and shall keep his
office and all records therein which are not of a confidential
character open to public inspection during usual business hours.
SECTION 10. Methods of transacting business by City
Council. — The City Mayor, as chief executive of the City, shall be the
presiding officer of the City Council. Unless the President of the
Philippines orders otherwise, the City Council shall hold one ordinary
session for the transaction of business during each week on days which
it shall fix by resolution, and such extraordinary sessions, as may be
called by the City Mayor. It shall sit with open doors, unless
otherwise ordered by an affirmative vote of all the members. It shall
keep a record of its proceedings and determine its rules of procedures
not herein set forth. Five members of the Council shall constitute a
quorum for the transaction of business. But a smaller number may
adjourn from the day to day and may compel the immediate attendance of
any member absent without good cause by issuing to the police 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 of 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 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 City Council, signed by the
presiding officer and the secretary of the City Council 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 in said
ordinance, resolution or motion.
The President of the Philippines shall have the power to disapprove
directly, in whole or in part, any ordinance, resolution or motion of
the City Council if he finds such ordinance, resolution or motion or
parts thereof, beyond the power conferred upon the City Council.
SECTION 11. General powers and duties of the City
Council. — Except as otherwise provided by law, and subject to the
conditions and limitations thereof, the City Council shall have the
following legislative powers:
(a) To provide for the levy and collection of taxes
for general and special purposes in accordance with law;
(b) To make all appropriations for the expenses of
the government of the City: provided, that without the express
authorization of the President of the Philippines, the appropriation
for the payment of salaries and wages of officers and employees of the
City government for any fiscal year shall not be more than sixty per
cent of the expected revenue of the city for such fiscal year;
(c) To fix the number and salaries of officials and
employees of the City, subject to the limitations of this Act;
(d) To authorize the free distribution of medicines
to the employees and laborers of the City whose salary or wage does not
exceed one hundred and twenty pesos per month or four pesos per day,
and of evaporated or fresh native milk to indigent mothers residing in
the City and of bread and light meals to indigent children ten years or
less of age residing in the City, the distribution to be made under the
direct supervision and control of the City Mayor;
(e) To fix the tariff of fees and charges for all
services rendered by the City or any of its offices, branches or
officials;
(f) To provide for the erection and maintenance or
the rental of the necessary buildings for the use of the City;
(g) To provide for the establishment and maintenance
of public schools; and, except as otherwise provided by law, to fix,
with the approval of the Director of Public Schools, reasonable
matriculation and/or tuition fees;
(h) To establish and maintain or aid in the
establishment and maintenance of vocational schools and institutions of
higher learning by the National Government or any of its subdivisions
and agencies; and, with the approval of the Director of Public Schools,
to fix reasonable tuition fees in the vocational schools and in the
institutions of higher learning supported by the City;
(i) To provide for and maintain an efficient police
force for the maintenance of law and order in the City, and enact all
necessary police ordinances;
(j) To provide for and maintain an official fire
department and provide engine houses, fire engines, hose carts or
trucks, hooks and ladders, and other equipment for the prevention and
extinguishment of fires, and to regulate the management and the use of
the same;
(k) To establish fire zones, determine the kinds of
buildings or structures that may be erected within their limits,
regulate the manner of constructing and repairing the same, and fix the
fees for permits for the construction, repair, or demolition of
buildings and other structures;
(l) To regulate the use of lights in stables, shops
and other buildings and places and to regulate and restrict the
issuance of permits for the building of bonfires and the use of
firecrackers, fireworks, torpedoes, candles, skyrockets and other
pyrotechnic display, and to fix the fees for such permits;
(m) To make regulations to protect the public from
conflagrations and to prevent and mitigate the effects of famine,
floods, storm and other public calamities, and provide relief for
victims thereof;t
(n) 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 foods,
personally carried by the hucksters or peddlers, auctioneers, plumbers,
barbers, collecting agencies, mercantile agencies, shipping and
intelligence offices, private detective agencies, advertising agencies,
beauty parlors, massagists, manicurists, chiropodists, hair dressers,
tattooers, jugglers, acrobats, hotels, clubs, restaurants, cafes,
lodging houses, boarding houses, livery garages, livery stables,
boarding stables, dealers in large cattle, public billiard tables,
public pool tables, laundries, cleaning and dyeing establishments,
public warehouses, circuses and other similar parades, public vehicles,
race tracks, horse races, bowling alleys, shooting galleries,
merry-go-rounds and other similar riding devices, pawnshops, dealers in
secondhand merchandise, junk dealers, brewers, distillers, rectifiers,
money changers and brokers, public ferries, theaters, theatrical
performances and places of amusements and the keeping, preparation, and
sale of meat, poultry, fish, game , butter, cheese, lard vegetables,
bread, and other provisions;
(o) To tax and fix the license fees for dealers in
automobiles or accessories or both, and retail dealers in merchandise,
which dealers are not yet subject to the payment of any municipal tax.
For the purpose 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
or goods, (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, and (h) arms, ammunitions and
sporting goods;
(p) To tax, fix the license fee for, regulate the
business and fix the location of match factories, blacksmith shops,
foundries, steam boilers, lumber mills, lumber yards, shipyards, the
storage and sale of gunpowder, tar, cotton, resin, coal, oil, gasoline,
benzine, turpentine, hemp, cotton, nitroglycerine, petroleum or any of
the products thereof, and of all other highly combustible or explosive
materials, and other establishments likely to endanger the public
safety or give rise to conflagration or explosions, and, subject to the
rules and regulations of the Director of Health in accordance with law,
tanneries, lard factories, renderies, tallow, chandleries, embalmers,
and funeral parlors, bone factories, and soap factories;
(q) To tax, fix the license fee for, and regulate the
sale, trading in or disposal of alcoholic or malt beverages, wines, and
mixed or fermented liquors, including tuba, basi, tapuy, offered for
retail sale;
(r) To impose a tax on all products or commodities
manufactured or produced in, or brought to, the city and removed
therefrom;
(s) To impose a sales tax not exceeding one per
centum of the gross value in money of all articles sold, bartered,
exchanged or transferred within the city;
(t) To regulate the method of using steam engines and
boilers, and all other motor powers other than marine or belonging to
the Government of the Philippines; to provide for the inspection
thereof and for a reasonable fee for such inspection, and to regulate
and fix the fees for the licenses of the engineers engaged in operating
the same;
(u) To provide for the prohibition and suppression of
riots, affrays, disturbances, and disorderly assemblies; houses of
ill-fame, gaming houses, gambling and all fraudulent devices for the
purpose of obtaining money or property; prostitution, vagrancy,
intoxication, fighting, quarrelling, and all disorderly obscene
pictures, books, or publications, and for the maintenance and
preservation of peace and good morals;
(v) To regulate and fix the license fees for the
keeping of dogs, to authorize their impounding and destruction when
running at large, contrary to ordinances, and to tax and regulate the
keeping or training of fighting cocks;
(w) To establish and maintain municipal pounds; to
regulate, restrain and prohibit the running at large of domestic
animals, and provide for the distraining, impounding and sale of the
same for the penalty incurred, and the cost of the proceedings; and to
impose penalties upon the owners of said animals for the violation of
any ordinance in relation thereto;
(x) To prohibit and provide for the punishment of
cruelty to animals;
(y) To regulate the inspection, weighing and
measuring of brick, lumber, coal and other articles of merchandise;
(z) To regulate, fix the location of, and fix the
license fees for the establishment and operation of night clubs,
dancing schools, dance halls, cabarets, cockpits, and other places of
amusement;
(aa) Subject to the provisions of existing law, to
provide for the laying out, construction, and improvement, and to
regulate the use of, streets, avenues, alleys, sidewalks, parks,
cemeteries, and other public places; to provide for lighting, cleaning,
and sprinkling of streets and public places; to regulate, fix license
fees for, and prohibit the use of the same for processions, signs,
signposts, awnings, awning posts, the carrying or displaying of
banners, placards, advertisements, or handbills, or the flying of
signs, flags, or banners, whether along, across, over or from buildings
along the same; to prohibit the placing, throwing, depositing, or
leaving of obstacles of any kind, garbage, refuse or other offensive
matter or matters liable to cause damages in the streets and other
public places, and to provide for the collection and disposition
thereof; to provide for the inspection of, fix the license fees for,
and regulate the openings in the same for the laying of gas, water,
sewer, and other pipes, the building and repair of tunnels, sewers, and
drains, and all structures in and under the same, and the erecting of
poles and the stringing of wires therein; to provide for and regulate
crosswalks, curbs, and gutters therein; to name streets without name
and provide for and regulate the numbering of houses and lots fronting
thereon or in the interior of the blocks; to regulate traffic and sales
upon the streets and other public places; to provide for the abatement
of nuisances in the same and punish the authors or owners thereof; to
provide for the construction and maintenance, and regulate the use of
bridges, aqueducts, and culverts; to prohibit or regulate ball playing,
kite flying, hoop rolling and other amusement which may annoy persons
using the streets and public places, or frighten horses or other
animals, to regulate the speed of horses and other animals, motor and
other vehicles, cars, and locomotives within the limits of the city; to
regulate the location, construction, and laying of the track of
electric, and other forms of railroad in the streets or other public
places of the city authorized by law; unless otherwise provided by law,
to provide for the change the location, grade, and crossings of
railroads, and to compel any such railroad to raise or lower its tracks
to conform to such provisions or changes; and to require railroad
companies to fence their property, or any part thereof, and to
construct and repair ditches, drains, sewers, and culverts along and
under the tracks, so that the natural drainage of the streets and
adjacent property shall not be obstructed;
(bb) To provide for the construction and maintenance
of, and regulate the navigation on, canals and water courses within the
city and provide for the cleaning and purification of the same; unless
otherwise provided by law, to provide for the construction and
maintenance, and regulate the use of public landing places, and those
of private ownership; and to provide for or regulate the drainage and
filling of private premises when necessary in the enforcement of
sanitary rules and regulations issued in accordance with law;
(cc) To provide for the maintenance of waterworks for
the purpose of supplying water to the inhabitants of the City; and for
the purification of the sources of supply and the places through which
the same passes, and to regulate the consumption and use of the water;
to fix, subject to the provisions of the Public Service Law, and
provide for the collection of rents therefor, and to regulate the
construction, repair, and use of hydrants, pumps, cisterns, and
reservoirs;
(dd) To provide for the establishment and
maintenance, and regulate the use, of public drains, sewers, latrines,
and cesspools;
(ee) Subject to the rules and regulations issued by
the Director of Health Services in accordance with law, to provide for
the establishment and maintenance, fix the fees for the use of, and
regulate, public stables, laundries and baths, and public markets and
prohibit the establishment or operation within the City limits of
public markets by any person, entity, association, or corporation other
than the City;
(ff) To establish or authorize the establishment of
slaughterhouses, to provide for their veterinary or sanitary
inspection, to regulate the use of the same, and to charge reasonable
slaughter fees. No fees shall be charged for veterinary or sanitary
inspection of meat from large cattle or other domestic animals
slaughtered outside the city, when such inspection was had at the place
where the animals were slaughtered;
(gg) To regulate, inspect and provide measures
preventing any discrimination or the exclusion of any race or races in
or from any institution, establishment, or service open to the public
within the City limits, or in the sale and supply of gas or
electricity, or in the telephone and street-railway service; to fix and
regulate charges therefor where the same have not been fixed by
national law; to regulate and provide for the inspection of all gas,
electric, telephone and street-railway conduits, mains, meters, and
other apparatus, and provide for the condemnation, substitution or
removal of the same when defective or dangerous;
(hh) To declare, prevent, and provide for the
abatement of nuisance; to regulate the ringing of bells and the making
of loud or unusual noises; to provide that owners, agents or tenants of
buildings or premises keep and maintain the same in sanitary condition,
and that, in case of failure to do so within sixty days from the date
of serving a written notice, the city health officer shall cause the
same to be kept in sanitary condition, the cost thereof to be assessed
to the owners to the extent of not exceeding sixty per centum of the
assessed value, which cost shall constitute a lien against property;
and to regulate or prohibit or fix the license fees for the use of
property on or near public ways, grounds, or places, or elsewhere
within the city, for the display of electric signs or the erection or
maintenance of billboards or structures of whatever material erected,
maintained or used for the display of posters, signs or other pictorial
or reading matters, except signs, displayed at the place or places
where the profession or business advertised thereby is in whole or in
part conducted;
(ii) To provide for the enforcement of the rules and
regulations issued by the Director of Health, and by ordinance to
prescribe penalties for violation of such rules and regulations;
(jj) To extend its ordinances over all waters within
the City, and over any boat or other floating structures thereon and
for the purpose of protecting and insuring the purity of the water
supply of the City, 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;
(kk) To regulate any other business or occupation
being conducted within the City not specifically mentioned in the
preceding paragraphs, and to impose a license fee upon all persons
engaged in the same or who enjoy privileges in the City;
(ll) To grant fishing and fishery privilege subject
to the provisions of the Fisheries Act;
(mm) To fix the date for the holding of a fiesta in
the City not oftener than once a year and to alter, not oftener than
once in three years, the date fixed for the celebration thereof; and
(nn) To enact all ordinances it may deem necessary
and proper for the sanitation and safety, the furtherance of
prosperity, and the promotion of morality, peace, good order, comfort,
convenience, and general welfare of the City and its inhabitants, and
such others as may be necessary to carry into effect and discharge the
powers and duties conferred by the Charter; and to fix penalties for
the violation of ordinances, which shall not exceed a two hundred-peso
fine or six months imprisonment, or both such fine and imprisonment for
a single offense.
SECTION 12. 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 City Mayor shall
decide that any 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 same is not
removed within ten days after he has issued such order, he may himself
cause its removal, and the sign, signboard, or billboard shall
thereupon be forfeited to the City and the expenses incident to the
removal of the same shall become a lawful charge against any person or
property liable for the erection or display thereof.
SECTION 13. Powers and duties of head of City
offices. — The city engineer, city treasurer, city fiscal and city
health officer and other heads of offices of the City shall be in
control of their respective offices under the direction and supervision
of the City Mayor, and each shall possess such powers as may be
prescribed herein or by ordinance. Each shall certify to the
correctness of all payrolls and vouchers of his office covering the
payment of money before payment, except as herein otherwise expressly
provided. At least three months before the beginning of each fiscal
year, each shall prepare and present to the City Mayor an estimate of
appropriations necessary for the operation of his office during the
ensuing fiscal year, and shall submit therewith such information for
purposes of comparison as the City Mayor may desire. Each shall submit
to the City Mayor as often as required reports covering the operations
of his office.
In case of the absence or sickness, or inability of the head of any of
the City offices, the officer next in charge of that office shall act
in his place with authority to sign all necessary papers, vouchers,
requisitions, and similar documents.
SECTION 14. 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 city court, the chief of police and the heads of other
offices as may be created. The may not be removed except for cause as
provided by law, and they may be suspended by the City Mayor for causes
and upon grounds in accordance with law.
All other officers and employees of the City whose appointment is not
otherwise provided for by law shall be appointed by the City Mayor upon
the recommendation of the corresponding head of office of the City in
accordance with the civil service law and rules and they shall be
suspended or removed in accordance with law.
SECTION 15. 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 offices or
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.
SECTION 16. The City Engineer, his powers and duties.
— The city engineer shall have the following powers and duties:
(a) He shall have charge of all the surveying and
engineering work of the City, and shall perform such service in
connection with public improvements, or any work entered upon or
proposed by the City, or any department thereof, as may require the
skill and experience of a civil engineer;
(b) He shall ascertain, record, and establish
monuments of the City, and locate, establish, and survey all city
property and also private property abutting on the same whenever
directly by the City Mayor;
(c) He shall prepare and submit plans, maps,
specifications and estimates for buildings, streets, bridges, docks,
and other public works, and supervise the construction and repair of
the same;
(d) He shall make such tests and inspection of
engineering materials used in construction and repair as may be
necessary to protect the City from the use of materials of a poor or
dangerous quality;
(e) He shall have the care of all public buildings
when erected including markets and slaughterhouses and all buildings
rented for City purposes, and of any system now or hereafter
established by the City for lighting the streets, public places, or
public buildings.
(f) He shall have the care of all public streets,
parks and bridges, and shall collect and disposed of all garbage,
refuse, the contents of closets, vaults, and cesspools, and all other
offensive and dangerous substances within the City.
(g) He shall prevent the encroachment of private
buildings and fences on the streets and public places of the City;
(h) He shall have the care and custody of the public
system of waterworks and sewers, and all sources of water supply, and
shall control, maintain, and regulate the use of the same, in
accordance with the ordinance relating thereto; shall inspect and
regulate the use of all private systems for supplying water to the City
and its inhabitants, and all private sewers and their connections with
the public sewers system;
(i) He shall supervise the laying of mains and
connections for the purpose of supplying gas to the inhabitants of the
City;
(j) He shall inspect and report upon the conditions
of public property and public works whenever required by the City
Mayor;
(k) He shall supervise and regulate the location and
use of engines, boilers, forges, and other manufacturing and heating
appliances in accordance with law and ordinance relating hereto. He is
authorized to charge fees, at rates to be fixed by the City Court, for
the sanitation and transportation services rendered and supplies
furnished by his office;
(l) He shall inspect and supervise the construction,
repair, removal, and safety of private buildings, and regulate and
enforce the numbering of houses in accordance with the ordinances of
the City;
(m) With the previous approval of the City Mayor in
each case, shall order the removal of buildings and structures erected
in violation of the ordinances; shall order the removal of the
materials employed in the construction or repair of any buildings or
structure made in violation of said ordinances; and shall cause
buildings and structures dangerous to the public to be made secure or
torn down; and
(n) He shall file and preserve all maps, plans,
notes, surveys, and other papers and documents pertaining to his
office.
SECTION 17. Execution of authorizing 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: 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 works
costing three thousand pesos or more.
In case of public works involving an expenditure of less than three
thousand pesos, it shall be discretionary with the city engineer
whether to proceed with the work himself or to let the contract to the
lowest bidder after such publication and notice as shall be deemed
appropriate or as may be, by regulations, prescribed.
SECTION 18. The City Treasurer, his powers and
duties. — The city treasurer shall act as chief officer and financial
adviser of the City a custodian of its funds. He shall have the
following general powers and duties:
(a) He shall collect all taxes due the City, all
licenses authorized by law or ordinance, all rents due for lands,
markets and other property owned by the City, all further charges of
whatever nature fixed by law or ordinance, and shall receive and issue
receipt for all costs, fees, fines, and forfeitures imposed by the
municipal court;
(b) He shall collect, as deputy of the Collector of
Internal Revenue, by himself or deputies, all taxes and charges imposed
by the Government of the Republic of the Philippines upon property or
persons in the City depositing daily such collections in any depository
bank of the government;
(c) He shall perform in and for the City the duties
imposed by the National Internal Revenue Code and such further duties
imposed by law upon provincial treasurers as are not inconsistent with
the provisions of this Act as well as other duties imposed upon him by
law;
(d) He shall purchase and issue all supplies,
equipment or other property required by the city, through the
purchasing agent, or otherwise, as may be authorized, subject to the
general provisions of law relating thereto;
(e) He shall be accountable for all funds and
property of the City and shall render such accounts in connection
therewith as may be prescribed by the Auditor-General;
(f) He shall deposit daily all municipal funds and
collections in any bank duly designated as Government depository;
(g) He shall disburse the funds of the City in
accordance with duly authorized appropriations, upon property executed
vouchers bearing the approval of the chief of the city office
concerned, and on or before the twentieth day of each month he shall
furnish the Mayor and the City Council for their administrative
information a statement of the appropriations, expenditures and
balances of all funds and accounts as of the last day of the month
preceding.
SECTION 19. The City Assessor, his powers and duties.
— The city assessor shall annually assess and value for taxation the
real estate of the city in accordance with Commonwealth Act Numbered
Four hundred seventy known as the Assessment Law, as amended, and shall
exercise and perform the powers and duties conferred by said law upon
provincial assessors generally.
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 the order of the lot and
block numbers the names of the owners thereof, with a brief description
of the property opposite each 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.
Sec. 20. Real estate exemption from taxation. —
The following shall be exempt from taxation:
(a) Lands or buildings owned by the Republic of the
Philippines, the Province of Nueva Ecija or the City of Palayan, and
burying grounds, churches, and their adjacent parsonages and convents,
and lands or building used exclusively for religious, charitable,
scientific, or educational purposes, and not for profit; but such
exemption shall not extend to lands or buildings held for investment,
though the income therefrom be devoted to religious, charitable,
scientific, or educational purposes;
(b) Lands or buildings which are the only real
property of the owner, and the value of which does not exceed two
hundred pesos; and
(c) Machinery, which term shall embrace machines,
mechanical contrivances, investments, appliances, and apparatus
attached to the real estate, used for industrial, agricultural, or
manufacturing purposes, during the first five years of the operation of
the machinery.
Sec. 21. The City Fiscal, his powers and duties. —
The city fiscal shall be the chief legal adviser of the City. He shall
have the following powers and duties:
(a) He shall represent the City in all civil cases
wherein the city or any officer thereof in his official capacity, is a
party;
(b) He shall, when directed by the City Mayor,
institute and prosecute in the City's interest all suits on any bond,
lease, or other contract and upon any breach or violation thereof;
(c) He shall, when requested, attend meetings of the
City Council, draw ordinances, contracts, bonds, leases, and other
instruments involving any interest of the City, of the city offices,
upon any question relating to the City and inspect and pass upon any
such instrument already drawn;
(d) He shall give his opinion in writing, when
requested by the City Mayor or the City Council or any of the heads or
the rights or duties of any officer thereof;
(e) He shall, whenever it is brought to his knowledge
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 or cause to be investigated
and report the same to the City Mayor;
(f) He shall investigate all charges of crimes,
misdemeanors, and violations of laws and city ordinances and prepare
the necessary informations or make the necessary complaints against the
persons accused. He may conduct such investigations by taking oral
evidence of witnesses and for this purpose may, by subpoena or subpoena
duces tecum, summon witnesses to appear and testify under oath before
him, or to produce documents and other evidence before him, and the
attendance of, or the production of documents and other evidence by, an
absent or recalcitrant witness may be enforced by application to the
city court or the Court of First Instance;
(g) He shall have charge of the prosecution of all
crimes, misdemeanors and violations of laws and city ordinances triable
in the Court of First Instance and the city court, and shall discharge
all the duties in respect to criminal prosecutions enjoined by law upon
provincial fiscals;
(h) He shall cause to be investigated the causes of
sudden deaths which have not been satisfactorily explained and when
there is suspicion that the cause arose from unlawful acts or omissions
of other persons or from foul play. For that purpose he may cause
autopsies to be made in case it is deemed necessary and shall be
entitled to demand and receive for the purpose of such investigations
or autopsies the assistance of the city health officer; and
(i) He shall at all times render such professional
services as the City Mayor or City Council may require, and shall have
such powers and perform such duties as may be prescribed by law or
ordinance.
Sec. 22. The City Health Officer, his powers and
duties. — The city health officer shall have the following general
powers and duties:
(a) He shall have general supervision over the health
and sanitary conditions of the City, including the cleaning of
crematories, cemeteries, stockyards, slaughterhouses, and markets;
(b) He shall execute and enforce all laws, ordinances
and regulations relating to the public health;
(c) He shall recommend to the City Council the
passage of such ordinances as he may deem necessary for the
preservation of the public health;
(d) He shall cause to be prosecuted all violations of
sanitary laws, ordinances, or regulations;
(e) He shall make sanitary inspections and may be
aided therein by such members of the police force of the City or the
national police as shall be designated as sanitary police by the chief
of police or proper national police officer and such sanitary
inspectors as may be authorized by law;
(f) He shall keep a civil register for the City and
shall record therein all births, marriages, and deaths with their
respective dates; and
(g) He shall perform such other duties, not repugnant
to law or ordinance, with reference to the health and sanitation of the
City as the Director of Health Services shall direct.
Sec. 23. The Chief of Police, his powers and
duties. — The chief of police shall have charge of the police and fire
force of the City. He shall have the following powers and duties:
(a) He may issue supplementary regulations not
incompatible with law, ordinance or general regulations in accordance
with law, for the governance of the city police, detective force and
the fire force;
(b) He shall quell riots, disorders, disturbances of
the peace, and shall arrest and prosecute violators of any law or
ordinance; shall exercise police supervision over all land and water
within the police jurisdiction of the City; shall be charged with the
protection of the rights of persons and property whenever found within
the jurisdiction of the City, and shall arrest when necessary to
prevent the escape of the offenders violators of any law or ordinance,
and all who obstruct or interfere with him in the discharge of his
duty; shall have charge of the city prison; and shall be responsible
for the safekeeping of all prisoners until they shall be released from
custody in accordance with law, or delivered to the warden of the
proper prison or penitentiary;
(c) He may take good, sufficient bail for the
appearance before the judge of the city court of any person arrested
for violation of any city ordinance;
(d) He shall have authority within the police limits
of the City, to serve and execute criminal processes of any court;
(e) He shall be the deputy sheriff of the City, and
as such he shall, personally or by representative, attend the sessions
of the city court, and shall execute promptly and faithfully, all writs
and processes of said court;
(f) He shall have charge of the fire-engine houses,
fire engines, hose trucks, hooks and ladders, and all other fire
apparatus;
(g) He shall have full police powers in the vicinity
of fires;
(h) He shall have authority to remove or demolish any
building or other property whenever it shall become necessary to
prevent the spreading of fire or to protect adjacent property;
(i) He shall investigate and report to the City Mayor
upon the origin and cause of all fires occurring within the City;
(j) He shall inspect all buildings erected or under
construction or repair within the City and determine whether they
provide sufficient protection against fire and comply with the
ordinances relating thereto;
(k) He shall have charge of the city fire-alarm
service;
(l) He shall supervise and regulate the stringing,
grounding, and installation of wires for all electrical connections
with a view to avoiding conflagrations, interference with public
traffic or safety, or the necessary operation of the police and fire
force;
(m) He shall supervise the manufacture, storage, and
use of petroleum, gas, acetylene, gunpowder, and other highly
combustible matter and explosive; and
(n) He shall have such other powers and perform such
other duties as may be prescribed by law or ordinance.
Sec. 24. Peace Officers, their powers and duties.
— The City Mayor, the chief of police, 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 city
court and criminal processes of all other courts to whomsoever
directed, within the jurisdictional limits of the City or within the
police limits as hereinbefore 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 an 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 having participated 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. 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 shall have power to swear in special police, in
such numbers as the occasion may demand. Such special police shall have
the same powers while on duty as members of the regular force.
Sec. 25. Regular, auxiliary and acting judges of
city court. — There shall be a city court for which there shall be
appointed a city judge and an auxiliary judge.
The city judge may, upon proper application, be allowed a vacation of
not more than thirty days every year with salary. The auxiliary city
judge shall discharge the duties of the city judge in case of absence,
incapacity, or inability of the latter until he resumes his post, or
until a new judge shall have been appointed. During his incumbency the
auxiliary city judge shall enjoy the powers, emoluments and privileges
of the city 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 city judge and
the auxiliary city judge, the Secretary of Justice shall designate the
municipal judge of any of the adjoining municipalities to preside over
the city 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 municipal judge of such
adjoining municipality so designated shall receive his salary as such
municipal judge plus seventy percent of the salary of the city judge
whose office he has temporarily assumed.
Sec. 26. Clerk and employees 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 law, rules and
regulations, and who shall receive the compensation in accordance with
existing laws. 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 manes 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 defendant, together with the
fines and costs adjudged or collected in accordance with the judgment.
He shall have the power to administer oath.
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 conferred by
existing law upon sheriffs. The City Council may provide for such
number of clerks to be appointed by the city judge in the office of the
clerk of the city court as the needs of the service may demand.
Sec. 27. Jurisdiction of the city court. — The
city court shall have like jurisdiction in civil and criminal cases and
the same incidental powers as are conferred by law upon city courts of
chartered cities.
Sec. 28. Procedure in city court in prosecutions
for violations of laws 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 that such
ordinances 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 ordinance 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 and shall govern the city
court and its officers in all cases in so far as the same may be
applicable.
Sec. 29. Costs, fees, fines and forfeitures in
city court. — There shall be taxed against and collected from the
defendant, in case of his conviction in the city court, such costs and
fees as may be prescribed by law in criminal cases in city 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 city judge shall examine
said docket each day, compare the same with the amounts receipted for
by the city treasurer and satisfy himself that all such costs, fees,
fines, and forfeitures have been duly accounted for.
Sec. 30. No person sentenced by the city court to
be confined without commitment. — No person shall be confined in prison
by sentence of the city court until the warden or 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 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. 31. Procedure on appeal from city 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 composed
by the city court. The party desiring to appeal shall, before six
o'clock post meridian of the fifteen day after the promulgation and
entry of the judgment by the city court, file a statement of appeal
with the clerk of the Court of First Instance. The filling 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 the original papers and
processes in the case. A perfected appeal shall operate to vacate the
judgment of the city 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 sufficient bail, in accordance
with existing provisions of law has been filed and perfected.
Appeals in civil cases shall be governed by the ordinary procedure
established by law.
Sec. 32. Allotment of internal revenue and other
taxes. — Of the internal revenue accruing to the National Treasury
under Charter 11, 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 Palayan shall receive a share equal to what it
would receive if it were a regularly organized province.
CITY BUDGET
Sec. 33. Annual budget. — At least four months
before the beginning of each fiscal year the city treasurer shall
present to the city 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 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 this
statement and estimate and the statements of heads of city offices as
required by Section thirteen of this Chapter, the City Mayor shall
formulate and submit to the City Council 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 of revenues and
receipts submitted by the city treasurer as provided above: provided,
further, that not more than sixty per cent of the expected revenue 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. 34. Supplemental Budget. — Supplemental
budget formulated in the same manner as provided in the preceding
section may be adopted when special or unforeseen circumstances make
such action necessary.
Sec. 35. Failure to enact an appropriation
ordinance. — Whenever the City Council fails to enact an appropriation
ordinance for any fiscal year before the end of the previous fiscal
year, the appropriation ordinance for such previous year shall deemed
reenacted and shall go into effect on the first day of the new fiscal
year as the appropriation ordinance for that year, and such
appropriation ordinance shall be deemed reenacted from year to year,
and shall be renewed and go into effect on the first day of each fiscal
year, as the appropriation ordinance is duly enacted.
BUREAUS PERFORMING DUTIES
Sec. 36. 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 Nueva Ecija shall act as ex
officio city auditor of the City of Palayan with an additional
compensation of four hundred eighty pesos per annum, payable from the
funds of the City.
Sec. 37. The Register of Deeds of the Province of
Nueva Ecija as city register of deeds. — The register of deeds of the
Province of Nueva Ecija shall act as ex officio city register of deeds
of the City of Palayan with an additional compensation of four hundred
eighty pesos per annum, payable from the funds of the City.
Sec. 38. The Bureau of Supply Coordination. — The
purchasing agent shall purchase and supply equipment, materials, and
property of every kind, except real estate for the use of the City and
its offices. But contracts for completed work of any kind for the use
of the City, or any of its departments or offices, involving both labor
and materials, where the materials are furnished by the contractors,
shall not be deemed to be within the purview of this section.
Sec. 39. The Bureau of Public 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 Nueva Ecija
shall have all the powers and duties with respect to the schools of the
City as are vested in division superintendent with respect to schools
of their divisions.
The City Council shall have the same powers with respect to the
establishment of schools as are conferred by law on municipal councils.
Sec. 40. Reports to the City 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 Palayan to
the City Mayor, and such recommendation as seem to him wise with
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
school buildings of the City.
MISCELLANEOUS AND FINAL
PROVISIONS
Sec. 41. Capitol and seat of government of the
Province of Nueva Ecija. — The City of Palayan shall be the capital and
seat of government of the Province of Nueva Ecija.
Sec. 42. Representative district. — For election
purposes, the City of Palayan shall continue to be part of the province
and the Second Representative District of Nueva Ecija. The qualified
voters of the said City shall be qualified to vote in the election of
elective officials of the said province.
Sec. 43. Appropriation. — There is hereby
appropriated out of any funds in the National Treasury not otherwise
appropriated, the sum of one million pesos which shall be expended by
the Provincial Board of Nueva Ecija for the survey and delimitation of
the lands to be comprised within the said territory of the City of
Palayan, for the purchase or expropriation of private lands within the
said territory, for the construction of the necessary buildings for
housing the offices of the government of the City and for the payment
of the expenses to be incurred in connection with the operation for the
first year of the government of said City.
Sec. 44. Date of effectivity. — The provisions of
this Act which refer to the survey and delimitation of the territory of
the City of Palayan, to the purchase or expropriation of the lands
comprised in the said territory, to the appropriation for the said
purposes and to the construction of the necessary buildings for housing
the offices of the government of the City, shall take effect upon the
approval of this Act. All the other provisions of said Act shall take
effect on the date of the inauguration of the City which shall be fixed
by the President of the Philippines.
Approved: June 19, 1965
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