A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACT NO. 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
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.
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.
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.
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:
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
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.
Sec. 20. Real estate exemption from taxation. —
The following shall be exempt from taxation:
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:
Sec. 22. The City Health Officer, his powers and
duties. — The city health officer shall have the following general
powers and duties:
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:
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.
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.
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.
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.
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.
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