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. 537 - AN
ACT TO REVISE THE CHARTER OF QUEZON CITY
Section 1. This Act shall be known as the Revised
Charter of Quezon City.
The City as a Public Corporation
Sec. 2. General powers. — The territory within the boundaries described in the next succeeding section is to be known as Quezon City which shall be the capital of the Philippines and the permanent seat of the National Government; and by that name it shall have perpetual succession; have and use of common seal and alter the same at pleasure; sue and be sued, and prosecute and defend suits to final judgment and execution; take, purchase, receive, hold, lease, convey, and dispose of real and personal property, within or without its corporate limits, for the benefit of the city and, expropriate private property for public use; contract and be contracted with; and execute all the powers hereinafter conferred.
Sec. 3. Boundaries. — The boundaries and limits of the territory of said city, containing the total area of fifteen thousand three hundred fifty-nine hectares, more or less, are established and prescribed as follows: Beginning at a point marked "1", which is the northwestern corner of the boundary of Quezon City, thence due north 660.00 m. to point "2"; thence N. 43 deg. 30' E., 3.680.00 m. to point "3"; thence, N. 18 deg. 00' W., 3,200.00 m. to point "4"; thence N. 45 deg. 00' E., 4,100.00 m. to point "5"; thence due east 4,200.00 m. to point "6"; thence following the N. boundary line of the Novaliches watershed reservation to point "7"; thence, S. 68 deg. 00' E., 900.00 m. to point "8", which is the center of Marikina River; thence following the center of the downstream course of Marikina River to point "9", which is the intersection of the Arroyo and Marikina Rivers; thence upstream following Arroyo between Payatas and Marikina estates to point "10", which is 100.00 m. to north of the pipe line and which is the corner of the Quezon City; thence following the northern boundary of Quezon City to point of beginning; and the territory described as follows: Beginning at a point marked "1" which is identical to boundary monument No. 1, Piedad Estate; thence to point "2", which is boundary monument No. 2 of Piedad Estate; thence downstream following the Arroyo between Payatas Estate and Marikina Estate to point "3", which is 100 meters North of the water pipe line of the Metropolitan Water District; thence following the ridge southwestward to point "4", where the water pipe line crosses the ravine; thence following the ridge southwestward to point "5", which is boundary monument No. 25 of Marikina Estate southward to point "6", which is the junction of the Marikina River and Marikina Estate; thence downstream following the Marikina River to point "7", which is the crossing of Marikina River by the old Rosario Road; thence westward following the old Rosario Road to point "8", which is the intersection of the old Rosario Road with the eastern right of way of the circumferential road (Highway 54); thence northwestward following the eastern right of way of the circumferential road to point "9", which is the crossing of the said road by the Santolan Road (northern right of way of the Santolan Road); thence westward following the northern right of way of the Santolan Road to point "10", which is the crossing of the said road with the Salapan Creek; thence downstream following the Salapan Creek to point "11", which is the junction of Salapan Creek and Dario River; thence southward following the Salapan Creek to its intersection with the east boundary of the City of Manila to point "12"; thence northwestward following the east boundary of the City of Manila to point "13", near La Loma Cabaret, which is a corner of the boundary of the City of Manila near the entrance of the North Cemetery; thence northward following the boundary of the City of Manila to point "14", which is the Northeast corner of said city; thence westward along said City of Manila boundary at a distance of 100 meters to point "15"; thence northward paralleling the Novaliches Road to a distance of 100 meters from the property line on the side of said road to point "16", which is at a distance of 100 meters North of the crossing of Samson Street (road connecting Balintawak Monument with Bonifacio Monument); thence eastward paralleling Samson Street and the circumferential road at a distance of 100 meters on the North side of said street and road to point "17", which is the center of the Culiat Creek; thence upstream following the Culiat Creek to point "18", which is the junction of Pasong Tamo River and Culiat Creek; thence upstream following Pasong Tamo River to point "19", which is the junction of Pasong Tamo River and Pinagpatayan Buaya Creek; thence to point of beginning."
Sec. 4. City not liable for damages. — The failure of any city officer to enforce the provisions of this Act or any law or ordinance, or the negligence of said officer while enforcing or attempting to enforce the same, shall not cause the city to be held liable for damages or injuries to persons or property.
Sec. 5. Conduct of elections. — The duties which are by the Election Code made incumbent upon provincial boards and municipal councils shall be performed by the City Council; and those upon provincial treasurers and municipal secretaries, by the City Treasurer and city secretary, respectively.
Sec. 6. Police jurisdiction. — The jurisdiction of Quezon City for police purposes shall be coextensive with its territorial jurisdiction only, and for the purpose of protecting and insuring the purity of the water supply of the city such police jurisdiction shall extend over all territory within the drainage area of such water supply, or within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service. The Court of First Instance and the municipal court of Quezon City shall have concurrent jurisdiction with the Courts of First Instance and the courts of justices of the peace of the province and municipalities, respectively, to try crimes and misdemeanors committed within said drainage area, or within said spaces of one hundred meters. The court first taking jurisdiction of such an offense shall thereafter retain exclusive jurisdiction thereof.
Sec. 7. Representative districts. — Until
otherwise provided by law, the corresponding territories of Quezon City
belonging at the time of the approval of this Act to the First and
Second Representative Districts of the Province of Rizal, shall
continue to remain parts of said districts.
Sec. 8. The Mayor — His appointment and compensation. — The Mayor shall be the chief executive of the city, and as such, shall have immediate supervision and control over the executive functions of the different departments subject to the supervision of the Secretary of the Interior. The Mayor shall be appointed by the President of the Philippines, with the consent of the Commission on Appointments of the Congress of the Philippines, and shall hold office at the pleasure of the President. He shall receive a salary of not exceeding nine thousand pesos a year. The City Council may provide the Mayor in addition to his salary a commutable quarter's allowance of not more than three thousand pesos per annum.
Sec. 9. Vice-Mayor. — There shall be a Vice-Mayor
who shall be a member of the City Council, and who shall, during the
absence of the Mayor from the city or his disability for any reason,
discharge the duties of his office and exercise his powers, except that
of removing any officer from office. If, for any reason, the Vice-
Mayor is temporarily incapacitated for the performance of the duties of
the office of the Mayor, or said office of the vice-mayor is vacant,
the duties of the Mayor, shall be performed by the City Engineer.
Section 10. General duties and powers of the Mayor. —
The general duties and powers of the Mayor shall be:
The City Council
Section 11. The City Council — Constitution and organization — Compensation of members — Meetings — Ordinances. — There shall be a City Council composed of the Mayor as chairman, Vice-Mayor, and eight other members. The Council shall fix the time and places for its regular meetings, which shall be held twice in each week, and shall hold special sessions when called by the Mayor. Any meeting, regular or special, may, in case the amount of business shall require, be adjourned from day to day until the business is completed. The meetings of the Council shall be open to the public unless otherwise ordered by affirmative vote of a majority of its members. It shall keep a record of its proceedings and determine its rules of procedure not herein set forth. A majority of the Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. 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 motion or resolution. The affirmative vote of a majority of all the members of the City Council shall be necessary for the passage of any ordinance, resolution, or motion directing the payment of money or creating liability. Each ordinance shall be sealed with the city seal, signed by the Mayor and the city secretary, and recorded in a book kept for that purpose. Each ordinance shall, on the day after its passage, be posted by the city secretary at the main entrance of the municipal building and shall take effect and be in force on and after the tenth day following its passage, if no date is fixed in the ordinance.
The eight councilors hereinabove mentioned shall be appointed by the President of the Philippines with the consent of the Commission of Appointments, shall hold office at the pleasure of the President; and, such councilors who are not officers or employees of the Government receiving a fixed compensation or salary from public funds, shall receive a fixed salary of not exceeding three thousand six hundred pesos each per annum.
Section 12. General powers and duties of the council.
— The City Council shall have power by ordinance or resolution:
Section 13. Restrictive provision. — No commercial sign, signboard, or billboard shall be erected or displayed on public lands, premises, or buildings. If after due investigation, and having given the owners an opportunity to be heard, the Mayor of the city shall decide that any sign, signboard, or billboard displayed or exposed to public view is offensive to the sight or is otherwise a nuisance, he may order the removal of such sign, signboard, or billboard, and if 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 14. Power over subdivisions. — The City
Council shall have the power by ordinance approved by the department
head to require that no plat or plan of subdivision of a residential
estate within its jurisdiction shall be presented for approval or
verification by the Bureau of Lands or the General Land Registration
Office until the same shall have been approved by the city engineer
under such regulations as may be provided by ordinance. Such
regulations may provide for the proper arrangements, design, and width
of streets in relation to other existing or planned streets, for
adequate and convenient open spaces for traffic, public services,
access of fire-fighting apparatus, recreation, light, andr, and for the
avoidance of congestion of populations including minimum width and area
of lots in the several districts or sections of the city. Such
regulations may also include provisions as to the extent to, and
methods by, which streets and other ways may be graded, drained, and
improved and water and sewer and other public service mains, piping, or
other facilities installed. Such regulations shall provide for approval
of the plat or plan within sixty days after the submission thereof to
the city engineer.
The City Secretary
Section 15. Appointment and compensation. — There shall be a city secretary who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments and shall hold office at the pleasure of the President. He shall receive a salary of not exceeding four thousand eight hundred pesos per annum.
Section 16. General powers and duties. — The city
secretary shall have the following general powers and duties:
Departments and Offices
Section 17. City departments. — There shall be the following city departments over which the Mayor shall have direct supervision and control, any existing law to the contrary notwithstanding:
1. Department of Engineering
2. Department of Finance
3. Law Department
4. Department of Health
5. Police Department
6. Department of Assessment
7. Fire Department
The Council may from time to time make such readjustments of the duties of the several departments as the public interest may demand.
Section 18. Powers and duties of heads of
departments. — Any existing law to the contrary notwithstanding, each
head of department of the city government shall be in control of such
department, under the direct supervision of the Mayor, and shall
possess such powers as may be prescribed herein or by ordinance. He
shall certify to the correctness of all pay rolls and vouchers of his
department covering the payment of money before payment. Except as
herein otherwise expressly provided on or before the first day of March
of each year, he shall prepare and present to the Mayor for submission
to the Council an estimate of the receipts and appropriation necessary
for the operation of his department during the ensuing year, and shall
submit therewith such information for purposes of comparison as the
Mayor may desire. He shall make to the Mayor as often as required
covering the operations of his department.
Section 19. Appointment and removal of officials and employees. — The President of the Philippines shall appoint, with the consent of the Commission on Appointments of Congress, the city health officer, the city engineer, the chief of police, the city treasurer, the city assessor, the city attorney, and the assistant city attorneys, the judges of the municipal court, and in case of a temporary vacancy on such court, an acting judge therefor, and the city superintendent of schools. He may appoint to any of the abovenamed offices persons already holding official positions. In case of sickness, absence, or inability to serve for any reason of any of the aforementioned officials, including the Mayor, Vice-Mayor, city secretary and members of the Council, the President of the Philippines may make a temporary appointment or designation, the provision of the last paragraph of the preceding section notwithstanding, until the return to duty of such official. During the period of such temporary appointment or designation, the person so appointed or designated shall possess all the powers and perform all the duties pertaining to the office.
Sec. 20. Officers not to engage in certain
transactions. — No city officer or employee shall be directly or
indirectly interested in any city contract work, or in any business
transaction with the city whereby money is to be paid directly or
indirectly out of the revenues of the city to such person, or in any
games and amusements licensed by the city or in any business of the
city, or in the purchase of any real estate or any property belonging
to the city.
Relation to Bureaus and Offices
Sec. 21. The General Auditing Office. — 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 city auditor shall be paid from the funds of the city at the rate of not exceeding six thousand pesos per annum.
Sec. 22. The Bureau of Public Schools. — The
Director of Public Schools shall exercise the same jurisdiction and
powers in the city as elsewhere in the Philippines, and the city
superintendent of schools shall have all the powers and duties in
respect to the schools of the city as are vested in division
superintendents in respect to the schools of their divisions.
Sec. 23. Maintenance of schools and school
buildings. — The city superintendent of schools shall make a quarterly
report of the condition of the schools and school buildings of Quezon
City to the Mayor, and such recommendations as seem to him wise in
respect to the number of teachers, their salaries, new buildings to be
erected, and all other similar matters, together with the amount of
city revenues which should be expended in paying teachers, and
improving the schools or school buildings of the city.
Sec. 24. The City Engineer, his powers, duties and compensation. — There shall be a City Engineer who shall be in charge of the department of engineering. He shall receive a salary of not exceeding seven thousand two hundred pesos per annum. He 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 projected 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 surveys and from thence extend the surveys of the city, and locate, establish, and survey all city property, and also private property abutting on the same, whenever directed by the Mayor, shall make such tests and inspection of engineering materials used in construction and repair and report upon the condition of public property and public works whenever required by the Mayor; shall have the care and custody of all public buildings, 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, and public buildings of the city; shall prevent the encroachment of private buildings and fences on the streets and public places of the city; shall inspect and supervise the construction, repair, removal, and safety of private buildings; shall regulate and enforce the numbering of houses in accordance with the ordinances of the city; shall have the care of all public streets, parks, cemeteries, bridges; shall maintain, clean, sprinkle, and regulate the use of the same for all purposes as provided by laws and ordinances; shall prepare plans and have charged of the construction of any sewer and water supply system of the city hereafter authorized; shall have the care and custody of any such public system of water-works and sewers, and all sources of water supply, and shall control, maintain, and regulate the use of the same in accordance with the ordinances relating thereto; shall inspect and regulate, subject to the approval of the Mayor, 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 sewer system; and shall prepare plans, maps, specifications, and estimates for buildings, streets, parks, bridges, and other public works, and supervise the construction and repair of the same. He is authorized to charge fees at the rates to be approved by the City Council for sanitation and transportation services and supplies furnished by his office.
(c) He shall file and preserve all maps, plans, notes, surveys, and other papers and documents pertaining to his office.
(d) Upon order by or with previous approval of the Mayor in each case, he shall cause or order the removal of buildings and structures erected in violation of existing law or ordinances, or the removal of the materials employed in the construction or repair of any building or structure made in violation of law or ordinances; he shall have power, subject to the approval of the Mayor, to cause buildings dangerous to the public to be made secure or torn down, and shall supervise and regulate the location and use of engines, boilers, forges, and other manufacturing and heating appliances in accordance with law and ordinances relating thereto.
Sec. 25. Execution of public works and
improvements. — All repair or construction of any work or public
improvements except parks, boulevards, streets, or alleys involving an
estimated cost of three thousand pesos or more shall be awarded to the
lowest responsible bidder after public advertisement by the Mayor upon
the recommendation of the City Engineer: Provided, however, That the
City Engineer may, with the approval of the Secretary of Public Works
and Communications, execute by administration any such public works
costing three thousand pesos or more.
Sec. 26. Assistants and employees. — To assist the
City Engineer in the discharge of his official duties, there shall be
such assistant engineers, superintendents, and other employees as are
from time to time provided for in appropriation ordinances.
The Department of Finance
Sec. 27. Powers and duties of the City Treasurer. — There shall be a City Treasurer with a salary of not exceeding seven thousand eight hundred pesos per annum, who shall have charge of the Department of Finance and shall act as chief fiscal officer and financial adviser of the city and custodian of its funds, and shall have the following general powers and duties:
(a) He shall collect all taxes and assessments due the city, all licenses authorized by law or ordinance, and all rents due for lands, markets, and other property owned by the city, all further charges of whatever nature fixed by law or ordinance; shall administer markets and slaughterhouses and shall receive and issue receipts for all costs, fees, fines, and forfeitures imposed by the Municipal Court, from the clerk thereof, and the fees collected by the sheriff or his deputies.
(b) He shall receive and safely keep all money arising from the revenue of the city and shall spend and disburse the same upon the lawful warrants in accordance with the authorized appropriations; collect all miscellaneous charges made by the Department of Engineering and by other departments of the city governments, and all charges made by the City Engineer for inspections, permits, licenses, and the installation, maintenance, and services rendered in the operation of the privy system.
(c) He shall collect, as deputy of the Collector of Internal Revenue by himself or deputies, all taxes and charges imposed by the National Government, upon property or persons in Quezon City.
(d) Unless otherwise specifically provided by law or regulations, he shall perform in and for the city the duties imposed by law or regulation upon provincial treasurers generally, as well as the other duties imposed upon him by the succeeding sections of this article.
(e) He shall purchase and issue all supplies, equipment or other property required by the city as may be authorized.
(f) 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.
(g) He shall deposit daily all city funds and collections in the National Treasury or in a government depository.
(h) On or before the first day of April of each year, the City Treasurer shall present to the Mayor a certified detailed statement by departments of all receipts and expenditures of the city pertaining to the preceding fiscal year, and to the current fiscal year to and including March thirty-first, together with an estimate of the receipts and expenditures for the remainder of the current fiscal year; and he shall submit with his 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 estimates of department heads as required by section eighteen, the Mayor shall formulate and submit to the City Council before the fifteenth day of May next following, a detailed budget covering the estimated necessary expenditures for the ensuing fiscal year; and the City Council shall thereupon make detailed appropriations covering such estimated expenditures: Provided, however, That in no case shall the aggregate amount of such appropriations exceed the estimate of revenues and receipts submitted by the City Treasurer as provided above. Supplemental budgets, formulated in the same manner, may be adopted when special or unforeseen circumstances make such action necessary. Without further action by the City Council, disbursements of city funds may be made by the City Treasurer, out of the authorized appropriations, upon properly executed vouchers bearing the approval of the chief of the departments concerned. On or before the twenty-fifth day of each month said City Treasurer 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.
(i) He shall perform such other duties as may be prescribed by law or ordinance.
The Law Department
Sec. 28. The City Attorney — His assistants — His duties. — There shall be a City Attorney who shall be the chief of the law department of the city, a first assistant city attorney who shall be the assistant chief, a second assistant city attorney, and two third assistant city attorneys, 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 and shall have the following general 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 attend, when required by a resolution of the City Council, meetings of the City 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.
(c) He 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.
(d) He 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.
(e) He 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.
(f) He shall prosecute and defend all civil actions related to or connected with any city officer or interest.
(g) He shall also have charge of the prosecution of all crimes, misdemeanors, and violations of city ordinances, in the Court of First Instance and the municipal courts of the city, and shall discharge all the duties in respect to the criminal prosecutions enjoined by law upon provincial fiscals.
(h) He shall cause to be investigated all charges of crimes, misdemeanors, and violations of ordinances and have the necessary information or complaints prepared or made against the persons accused. He or any of his assistants may conduct such investigations by taking oral evidence of reputable witnesses, and for this purpose may issue subpoena, summon witnesses to appear and testify under oath before him, and the attendance or evidence of an absent or recalcitrant witness may be enforced by application to the municipal court or the Court of First Instance. No witness summoned to testify under this section shall be under obligation to give any testimony which tend to incriminate himself.
(i) He shall cause to be investigated the cause of sudden deaths which have not been satisfactorily explained and when there is suspicion that the cause arose from the unlawful acts or omissions of other persons, or from foul play. For that purpose, he may cause autopsies to be made and shall be entitled to demand and receive for purposes of such investigations or autopsies, subject to the rules and conditions previously established by the Secretary of Justice, thed of the medico-legal section of the National Bureau of Investigation. In case the City Attorney deems it necessary to have further expert assistance for the satisfactory performance of his duties in relation with medico-legal matters or knowledge, including the giving of medical testimony in the courts of justice, he shall request the same, in the same manner and subject to the same rules and conditions as above specified, from the medico-legal officer of the said bureau who shall thereupon furnish the assistance required, in accordance with his powers and faculties.
(j) He shall at times render such professional services as the Mayor or City Council may require, and shall have such powers and perform such other duties as may be prescribed by law or ordinance.
Sec. 29. Compensation of City Attorney and his
assistants. — The City Attorney and his assistants shall receive the
salaries hereinafter set forth, which shall be paid by Quezon City:
The Municipal Court
Sec. 30. The municipal court. — There shall be a municipal court for Quezon City, with two judges to be known as judges of the first and second branch, respectively.
The municipal court shall have the same jurisdiction in civil and criminal cases and the same incidental powers as are at present conferred by law upon justice of the peace courts except those in conflict with the provisions of this Charter and such other additional jurisdiction and powers as may be conferred upon it by this Charter or by special law.
In case of the absence, sickness or incapacity of the judges of the municipal court of Quezon City and in case of any vacancy on said offices, the Secretary of Justice shall designate any Assistant Attorney of the Solicitor General's Office or Provincial Fiscal to act as judge of the municipal court, and he shall hold the office temporarily with all the powers of a regular judge of said court, until any of the regular incumbents shall have resumed office, or until a judge shall have been appointed in accordance with the provisions of this Act, by such acting judge shall not receive any additional compensation during the time he is acting as judge.
The judges of the municipal court shall receive a salary of not exceeding five thousand four hundred pesos per annum each.
Sec. 31. Clerk and employees of the municipal
court. — There shall be a clerk of the municipal court who shall be
appointed by the municipal judge in accordance with the Civil Service
laws, rules and regulations who shall receive a compensation to be
fixed by ordinance. 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.
Sec. 32. Criminal jurisdiction. — The municipal court shall have territorial jurisdiction embracing the entire police jurisdiction of the city, and shall hold a daily session, Sundays and legal holidays alone excepted: Provided, however, That when a legal holiday occurs in two or more successive days or when a Sunday is immediately preceded and/or followed by a holiday, the municipal court may hold night session during said holidays. Said court shall have jurisdiction, exclusive of the other courts sitting in the city, over all criminal cases arising under the penal laws of the Philippines, where the offense is committed within the police jurisdiction of the city and the maximum punishment is by imprisonment for not more than six months, or a fine not more than two hundred pesos, or both. It shall also have concurrent jurisdiction with the Courts of First Instance over all criminal cases arising under the laws relating to gambling and management of lotteries, to assaults where the intent to kill is not charged or evident upon the trial, to larceny, embezzlement and estafa where the amount of money or property stolen, embezzled or otherwise involved does not exceed the sum or value of two hundred pesos, to the sale of intoxicating liquors, to falsely impersonating an officer, to malicious mischief, to trespass on Government or private property, and to threatening to take human life. It may also conduct preliminary examinations for any offense, without regard to the limits of punishment, and may release, or commit and bind over any person charged with such offense to secure his appearance before the proper court.
Sec. 33. Incidental powers of municipal court. — The municipal court shall have power to administer oaths and to give certificates thereof; to issue summonses, writs, warrants, executions, and all other processes necessary to enforce its orders and judgments; to compel the attendance of witnesses; to punish contempts of court by fine or imprisonment, or both, within the limitations imposed by the Rules of Court; and to require of any person arrested a bond for good behaviour or to keep the peace, or for the further appearance of such person before a court of competent jurisdiction. But no such bond shall be accepted unless it be executed by the person in whose behalf it is made, with sufficient surety or sureties to be approved by said court.
Sec. 34. Procedure in municipal court in prosecutions for violation 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 ordinance has been violated, and that the person making the complaint has reasonable grounds to believe that the party charged is guilty thereof which warrant shall conclude: "Against the ordinance of the city in such case made and provided." All proceedings and prosecutions for offenses against the laws of the Philippines shall conform to the rules relating to process, pleading, practice, and procedure for the judiciary of the Philippines and such rules shall govern the municipal court and its officers in all cases in so far as the same may be applicable.
Sec. 35. Costs, fees, fines and forfeitures. — There shall be taxed against and collected from the defendant, in case of his conviction in the municipal court, such costs and fees as may be prescribed by the Council not exceeding those charged in criminal cases in justices of the peace courts. All costs, fees, fines and forfeitures shall be collected by the clerk of the 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 presiding judge shall examine said docket each day, compare the same with the amount receipted for by the City Treasurer, and satisfy himself that such costs, fees, fines, and forfeitures have been duly accounted for.
Sec. 36. Commitment to prison. — No person shall be confined in the city prison by sentence of the municipal court until the 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 commitment. The clerk shall, under seal of the court, issue such a commitment in each case of sentence to imprisonment.
Sec. 37. Procedure on appeal from the municipal
court to Court of First Instance. — An appeal shall lie to the Court of
First Instance next to be within the city, in all cases where fine or
imprisonment, or both, in imposed by the municipal court. The party
desiring to appeal shall, before four o'clock post meridian of the day
after the rendition and entry of the judgment by the municipal court,
file with the clerk of the court a written statement that he appeals to
the Court of First Instance. The filing of such statement shall perfect
the appeal. The judge of the court from whose decision appeal is taken
shall, within five days after the appeal is taken, transmit to the
clerk of the Court of First Instance a certified copy of the records of
proceedings and all the original papers and process in the case, and
the clerk of Court of First Instance shall docket the appeal in that
court. A perfected appeal shall operate to vacate the judgment of the
municipal court, and the action, when duly entered in the Court of
First Instance, shall stand for trial de novo upon its merits in
accordance with the regular procedure in that court, as though the same
had never been tried and had been originally there commenced. Pending
an appeal, the defendant shall remain in custody unless released in the
discretion of the judge of the municipal court or of the Court of First
Instance, upon sufficient bail, in accordance with the rules and
regulations now or hereafter in force, to await the judgment of the
Sec. 38. Persons arrested to be promptly brought before a court — Preliminary examinations in City Attorney's office, municipal court and Court of First Instance. — Every person arrested shall, without unnecessary delay, be brought before the City Attorney, the municipal court, or the Court of First Instance for preliminary hearing, release on bail, or trial. In case triable in the municipal court the defendant shall not be entitled as of right to a preliminary examination, except to a summary one to enable the court to fix the bail, in any case where the prosecution announces itself ready for trial within three days, not including Sundays, after the request for an examination is presented. In case triable only in the Court of First Instance the defendant shall not be entitled as of right to preliminary examination in any case where the Fiscal of the city, after a due investigation of the facts, shall have presented an information against him in proper form. But the Court of First Instance may make such summary investigation into the case as it may deem necessary to enable it to fix the bail or to determine whether the offense is bailable.
Sec. 39. Compensation of certain expert witnesses in criminal cases. — Out of any sum appropriated for contingent expenses of the law department, the judge of the municipal court, or a judge of the Court of First Instance in the city, as the case may be, may allow compensation to physicians and surgeons, other than officers or employees of the National Government or the city, summoned by the Government as expert witnesses in criminal prosecutions when the attendance of such physicians and surgeons is necessary in the interest of justice. Such compensation shall not in any one case exceed five pesos for the testimony of the physician or surgeon so summoned, and the payment shall be made upon the certification of the judge presiding at the trial that the witness attended and testified, that the case is an exceptional and meritorious one, and that compensation ought to be allowed. The total expenditure under the provisions of this section shall not exceed five hundred pesos a year.
Sec. 40. Assessors in the courts in the city. —
Thed of assessors in the trial of any civil or criminal action in the
municipal court, or the Court of First Instance, within the city, may
be invoked, in the manner provided in the Rules of Court. It shall be
the duty of the Municipal Council to prepare one list of the names of
twenty-five residents of the city best fitted by education, natural
ability, and reputation for probity to sit as assessors in the trial of
actions in the municipal court and a like list of persons to sit as
assessors in the trial of action in the Court of First Instance. The
Council may at any time strike any name from the list so prepared, by
reason of the death, permanent disability, or unfitness of the person
named; and in case names are so stricken out, other names shall be
added in their place, to be selected as in this section provided.
Parties desiring to avail themselves of the use of assessors in the
municipal court or Court of First Instance shall proceed as provided
for by law or Rules of Court; and the method of summoning assessors,
enforcing their attendance, excusing them from attendance, their
compensation, oath, duties and effect of dissent from the opinion of
the judge shall be as provided in those laws or rules.
Sec. 42. Powers and duties of the City Health Officer. — There shall be a City Health Officer, with a salary of not exceeding six thousand pesos per annum, who shall have charge of the health department. He shall have the following general powers and duties:
(a) He shall have general supervision and control over the health and sanitary condition 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 ordinances as he may deem necessary for the preservation of 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 beded therein by such members of the police force of the city of the Philippine Army as shall be designated as sanitary police by the chief of police or proper Army officer and by such sanitary inspectors as may be authorized by law.
(f) He shall have control and supervision over puericulture centers and social services of the city.
(g) He shall have general supervision and control over the health and sanitary establishments and activities of the city, including garbage collection, sanitary employees of the city markets, city pound, and slaughterhouses, subject to existing law and ordinances.
(h) He shall be the ex-officio civil registrar of the city.
(i) He shall perform such other duties, not repugnant to law, with reference to the health and sanitation of the city as the Director of Health shall direct.
The Police Department
Sec. 43. The Chief of Police. — There shall be a chief of police with a salary of not exceeding eight thousand four hundred pesos per annum who shall have the following general powers and duties:
(a) He shall have charge of the organization, government, discipline, and disposition of the city police and detective force, and notwithstanding any law to the contrary, shall have exclusive charge of the administrative investigation of any member of his department.
(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 within the police jurisdiction of the city; shall be charged with the prosecution of the rights of persons and property wherever found within the jurisdiction of the city, and shall arrest without warrant, when necessary to prevent the escape of the offender, violators of any law or ordinance, and all who obstruct or interfere with him in the discharge of his duties.
(c) He may take good and sufficient bail for the appearance before the municipal 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; shall, either in person or by deputy, attend all sessions of the municipal court; and shall promptly and faithfully execute all orders of the Mayor and all writs and processes of the municipal court when placed in his hands for that purpose.
(e) He shall have general supervision over the city warden, a position which may be created and compensation thereof fixed by the City Council, whose duties, among others to be determined by the Council, shall include the custody and care of the City Hall and 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.
(f) He shall have such powers and perform such further duties as may be prescribed by law or ordinance.
Sec. 44. Peace officers. — The chief of police,
all city officers, and all members of the police force and secret
service shall be peace officers; and all peace officers provided for in
this Act, or authorized by law or ordinance, are authorized to serve
and execute all processes of the municipal court and criminal processes
of other courts to whomsoever directed, within the jurisdiction or the
police limits of the city, and within the same territory they may
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; may arrest or cause to be arrested, without
warrant, any offender when the offense is committed in the presence of
a peace officer or within his view; and in such pursuit or arrest may
enter any building or take into custody any person therein suspected of
being concerned in such crime or breach of the peace, and any property
suspected of being stolen; they shall detain such person only until he
can be brought before the proper magistrate; and shall have such other
powers and perform such other duties as peace officers as may be
prescribed by law or ordinance. Whenever the Mayor shall deem it
necessary to avert danger or public calamity, or when he has reason to
fear any violation of law and order, he shall have power to swear in
special police, in such number as the occasion may demand, who shall
have the same powers while on duty as members of the regular force.
Department of Assessment
Sec. 45. The City Assessor. — There shall be a City Assessor who shall have charge of the department of assessment. He shall receive a compensation of not exceeding six thousand pesos per annum.
Sec. 46. Powers and duties of the City Assessor. —
The City Assessor or his duly authorized deputies shall annually assess
all lands, buildings and other real properties subject to taxation
within the jurisdiction of the city, and for this purpose he is
empowered to administer oaths authorized to be administered in the
assessment or collection of taxes.
Sec. 47. Exemption from taxation. — There shall be
levied, assessed, and collected an annual ad valorem tax on real
property, including land, buildings, machinery and other improvements
not hereinafter specifically exempted.
Sec. 48. Declaration by real estate owner. — It shall be the duty of each person who at any time acquires real estate in the city, and of each person who constructs or adds to any improvement on real estate owned by him within the city, to prepare and present to the City Assessor, within a period of sixty days next succeeding the acquisition or completion of such construction or addition, a sworn declaration setting forth the value of the real estate acquired or the improvement constructed or addition made by him and containing a description of such property sufficient to enable the City Assessor readily to identify the same. Any person who fails to make and present such declaration of real estate newly acquired by him within the said period of sixty days shall be deemed to have waived his right to notice of the assessment of such property, and the assessment of the same in the name of its former owner shall, in all such cases, be valid and binding on all persons interested, and for all purposes, as though the same had been assessed in the name of its actual owner.
Sec. 49. Revision of assessment. — The City Assessor shall, during the first fifteen days of December of each year, add to his list of taxable real estate in the city the value of improvements placed upon such property during the preceding year, and any property which is taxable and which has therefore escaped taxation. He may during the same period revise and correct the assessed value of any or all parcels of real estate in the city which are not assessed at their true money value, by reducing or increasing the existing assessments as the case may be. He shall give notice by publication for ten days prior to December first in two newspapers of general circulation published in the city, that he will be present in his office for that purpose on said days, and he shall further notify in writing each person the amount of whose tax will be changed by such action or such proposed change by delivering or mailing such notification to such person or his authorized agent at the last known address of such owner or agent in the Philippines sometime in the month of November.
Sec. 50. The Board of Tax Appeals. — There shall
be a Board of Tax Appeals which shall be composed of the members of the
City Council, the Mayor to be chairman thereof.
Sec. 51. Proceedings before Board of Tax Appeals.
— The Board of Tax Appeals shall meet on the second Monday in January
of each year, shall hear all appeals duly transmitted to it, shall
decide the same forthwith, and shall complete its work and adjourn on
or before the thirty-first day of March of each year unless its
sessions for any given year are extended to a later date by direction
of the Secretary of Finance. It shall have authority to cause to be
amended the listing and valuation of the property in respect to which
any appeal has been perfected by order signed by the Board or majority
thereof, and transmit it to the City Assessor, who shall amend the tax
list in conformity with said order. It shall also have power to revise
and correct, with the approval of the Department Head first had, any
and all erroneous or unjust assessments and valuation for taxation, and
make a correct and just assessment, and state the true valuation, in
each case where it decides that the assessments previously made are
erroneous or unjust.
Sec. 52. Annual real estate tax. — A tax, the rate
per centum of ad valorem taxation not to exceed two per centum, to be
determined by the City Council shall be levied annually on or before
the second Monday of December of the preceding year on the assessed
value of all the real estate in the city subject to taxation. The tax
for any year shall be due on the first day of January and become
payable on or before the thirty-first day of May of the year, and if
any taxpayer shall fail to pay taxes assessed against him on or before
the thirty-first day of May of the year for which such taxes are due,
he shall be delinquent in such payment and shall be subject to a
penalty of ten per centum of the amount of the original tax due, if
payment is made during the first and second months of delinquency, and
thereafter, to an additional penalty of two per centum for each month
or fraction thereof of delinquency, but in no case shall the total
penalty on each annual tax exceed sixteen per centum of the original
tax. The penalty shall be collected at the same time and in the same
manner as the original tax.
Sec. 53. Distraint of personal property. — Fifteen days after the tax shall become delinquent, the City Treasurer shall prepare and sign a certified copy of the records of his office showing the persons delinquent in payment of their taxes and the amount of tax and penalty respectively due from them. He may thereupon proceed to seize the personal property of each delinquent not exempt under the provisions of the next succeeding section, and, unless redeemed as hereinafter provided, to sell at public auction, either at the main entrance of the City Hall or at the place where such property is seized, as he shall determine, so much of the same as shall satisfy the tax, penalty, and costs of seizure and sale, to the highest bidder for cash, after due advertisement by notice posted for ten days at the main entrance of the City Hall and at a public and conspicuous place in the district where the property was seized, stating the time, place, and cause of sale. The certified copy of the City Treasurer's record of delinquents shall be his warrant for these proceedings, and the purchaser at such sale shall acquire an indefeasible title to the property sold. Within two days after the sale the City Treasurer shall make return of his proceedings and spread it upon his record. Any surplus resulting from the sale, over and above the tax, penalty, and costs, shall be returned to the taxpayer on account of whose delinquency the sale has been made.
Sec. 54. Exempt personal property. — The following
personal property shall be exempt from seizure and sale for delinquency
in the payment of the real estate tax:
Sec. 55. Redemption of property seized. — The owner of the personal property seized may redeem the same from the collecting officer at any time after seizure and before sale by tendering to him the amount of the tax, the penalty, and the costs incurred up to the time of tender. The costs to be charged in making such seizure and sale shall only embrace the actual expense of seizure and preservation of the property pending the sale, and no charge shall be imposed for the services of the collecting officer or his deputy.
Sec. 56. Tax lien. — Taxes and penalties assessed against realty shall constitute a lien thereon, which shall be superior to all other liens, mortgage, or encumbrances of any kind whatsoever; shall be enforceable against the property whether in the possession of the delinquent or any subsequent owner or possessor, and shall be removable only by the payment of the delinquent tax and penalty. A lien upon real estate for taxes levied for each year shall attach on the first day of January of such year.
Sec. 57. Tax sale. — In addition to the procedure
prescribed in section fifty-three hereof the City Treasurer may, upon
the warrant of the certified record required in said section and after
the lapse of not less than twenty days after delinquency, advertise the
real estate of the delinquent for sale, or so much thereof as may be
necessary to satisfy all public taxes upon said property including
penalties and costs of sale, for a period of thirty days.
Sec. 58. In case the taxpayer shall not redeem the realty sold as above provided within one year from the date of sale, the City Treasurer shall, as grantor, execute a deed in form and effect sufficient to convey to the purchaser so much of the real estate against which the taxes have been assessed as has been sold, free from all liens, of any kind whatsoever, and the deed shall succinctly recite all the proceedings upon which the validity of the sale depends.
Sec. 59. Forfeiture of real estate. — In case there is no bidder at the public sale of such realty who offers a sum sufficient to pay the taxes, penalties, and costs, the City Treasurer shall declare the real estate forfeited to the city, and shall make, within two days thereafter, a return of his proceedings and the forfeiture, which shall be spread upon the records of his office.
Sec. 60. Conveyance to city. — Within one year from the date of such forfeiture, the taxpayer, or anyone for him, may redeem said realty as above provided in cases where the same is sold. But, if the realty is not thus redeemed within a year, the forfeiture shall become absolute and the City Treasurer shall execute a deed, similar in form and having the same effect as the deed required to be made by him in case of a sale, conveying the real estate to the city. The deed shall be recorded as required by law for other real estate titles and shall then be forwarded to the Mayor for notation and return to the City Treasurer who shall file the same and enter it in his records of city property.
Sec. 61. Repurchase by owner after absolute forfeiture. — After the title to the property shall have become absolutely vested in the Government of Quezon City in the manner above provided, and at any time before a sale or contract of sale shall have been made by the City Treasurer to a third party in the manner provided for by law, the original owner or his legal representative shall have a further right to repurchase the property in question by paying therefor the full amount then due for taxes, penalties, and costs, together with an additional penalty of fifteen per centum upon the whole, and if the City Mayor has made a contract for the lease of the property the repurchase may be made subject to such contract.
Sec. 62. Civil action to collect tax debt. — The assessment of a tax shall constitute a lawful indebtedness from the taxpayer to the city which may be enforced by a civil action in any court of competent jurisdiction, and this remedy shall be in addition to all the other remedies provided by law.
Sec. 63. Suits assailing validity of tax. — No court shall entertain any suit assailing the validity of a tax assessed under this article until the taxpayer shall have paid, under protest, the taxes assessed against him, nor shall any court declare any tax invalid by reason of irregularities or informalities in the proceedings of the officers charged with the assessment or collection of the taxes, or of a failure to perform their duties within the times herein specified for their performance, unless such irregularities, informalities, or failures shall have impaired the substantial rights of the taxpayer; nor shall any court declare any tax assessed under the provisions of this article invalid except upon condition that the taxpayer shall pay the just amount of his tax as determined by the court in the pending proceeding.
Sec. 64. Suits assailing validity of tax due. — No
court shall entertain any suit assailing the validity of a tax sale of
real estate under this article until the taxpayer shall have paid into
the court the amount for which the real estate was sold, together with
interest at the rate of fifteen per centum per annum upon the sum from
the date of sale to the time of instituting suit. The money so paid
into court shall belong to the purchaser at the tax sale if the deed is
declared invalid, and shall be returned to the depositor should he fail
in his action. No court shall declare any such sale invalid by reason
of any irregularities of informalities in the proceedings of the
officer charged with the duty of making the sale or by reason of
failure by him to perform his duties within the time herein specified
for their performance, unless such irregularities, informalities, of
failures shall have impaired the substantial rights of the taxpayer.
The Fire Department
Sec. 65. Powers and duties of chief . — There shall be a chief of the fire department, with a salary of six thousand pesos per annum, who shall have the following general powers and duties:
(a) He shall have the management and control of all matters relating to the administration of said department, and the organization, government, discipline, investigation, and disposition of the fire forces.
(b) He shall have charge of fire-engine houses, fire engines, hose carts, hooks and ladders, trucks and all other fire apparatus.
(c) He shall have full police powers in the vicinity of fires.
(d) He shall have authority to remove any building or other property whenever it shall become necessary to prevent the spreading of fire or to protect adjacent property.
(e) He shall investigate and report to the Mayor upon the origin and cause of all fires occurring within the city.
(f) 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 ordinance relating thereto.
(g) He shall have charge of the city telegraph, telephone, and fire-alarm service.
(h) Notwithstanding the provisions of existing laws to the contrary, he shall have exclusive charge and power to 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 operations of the fire department.
(i) He shall supervise and regulate the manufacture, storage, and use of petroleum, gas, acetylene, gunpowder, and other highly combustible matter and explosives.
(j) He shall see that all ordinances relating to the subjects mentioned in this section, or any of them are enforced.
(k) He shall perform such other powers and duties as may be prescribed by law or ordinance.
Special Assessments for Public Improvements
Sec. 66. Power to levy. — The City Council may, by ordinance duly approved, provide for the levying and collection, by special assessment of the real estate comprised within the district or section of the city especially benefited, of the cost, or a part thereof not less than sixty per centum, of laying out, opening, constructing, straightening, widening, extending, grading, paving, curbing, walling, deepening, or otherwise establishing, repairing, enlarging, or improving public avenues, roads, streets, alleys, sidewalks, parks, plazas, bridges, landing places, wharves, piers, docks, levees, reservoirs, waterworks, water mains, water courses, esteros, canals, drains, and sewers, including the cost of acquiring the necessary land. Within the meaning of this article, all real estate comprised within the district benefited, except lands or buildings owned by the Government of the Philippines, or by Quezon City, shall be subject to the payment of the special assessment, based upon the valuation of such real estate as shown by the books of the City Assessor, or its present value as fixed by said officer in the first instance if the property does not appear of record in his books according to the valuation whereof the special tax has to be made, computed and assessed.
Sec. 67. Contents of Ordinance. — The ordinance providing for the levying and collection of a special assessment shall describe in terms of reasonable accuracy the nature, extent, and location of the proposed improvement; the probable cost of the improvement; the rate per centum of the cost to be defrayed by special assessment; the district which shall be subject to the payment of the said rate per centum of the proposed improvement, delimiting the same by metes and bounds, and the number of annual installments, which shall not be less than five, in which such special assessment shall be paid without any interest. The City Council shall not be required to fix one uniform rate per centum for all the taxable real estate in the entire district, but may fix different rates for real estate in different parts or sections of the same, according as said property will derive greater or less benefit from the contemplated improvement.
Sec. 68. Publication and hearing. — The proposed special assessment ordinance shall be published for the period of one week in two daily newspapers of general circulation, one in English and one in Spanish or Tagalog language, before its adoption by the Council. The city secretary shall, upon request, furnish a copy of the proposed ordinance free of charge to each owner affected or his agent, and shall in so far as possible send each of them a copy of said proposed ordinance, by ordinary mail or otherwise. At the request of any owner, made within three days from the last publication of the proposed ordinance, or at its own motion, the Council or the committee thereof in charge of the project shall hold a public hearing on the same and hear all pertinent arguments and evidence offered by the persons interested or their attorney and such arguments and evidence shall be attached to the records of the project.
Sec. 69. Transmittal to the Mayor. — The special assessment ordinance shall be sent to the Mayor, together with all papers pertaining to the same, within five days after its passage. The Mayor may then consider the protest of the persons claiming to be affected if signed by a majority of said persons representing more than one-half of the total assessed value of the property which, according to the proposed ordinance would be subject to the special assessment, and within fifteen days after the Mayor receives such protest, if any, he may propose to the City Council such amendment or amendments to the same as he may see fit. If a protest has been duly filed with the Mayor in accordance with this section, the special assessment ordinance shall not take effect until the Mayor shall have returned such ordinance together with amendments, if any, and the City Council shall have repassed the same.
Sec. 70. Assessment of tax. — Upon the effectivity of the special assessment ordinance, the City Assessor and Collector shall forthwith proceed to determine the special tax payable by each realty each year during the period fixed in the ordinance, upon the basis of the estimated cost of the work and the total and parcel value of the real estate comprised within the district especially benefited, and shall notify each owner by ordinary mail of the special tax assessed against each property owned by him in the district benefited; but if upon the completion of the improvement, it should appear that the cost has been less or more, the City Engineer shall forthwith certify this fact to the Assessor and Collector, who shall thereupon proceed to rectify the assessment, reducing or increasing, as the case may be, the special tax upon each property affected for the unpaid remainder of the annual installments, or, if all are paid, fixing the amount to be credited to or special additional tax to be collected from the realty, as the case may be, and shall notify the persons interested of such rectifications.
Sec. 71. Appeal. — Any owner considering himself aggrieved by any decision of the City Assessor and Collector, may appeal to the Board of Tax Appeals in the same time and in the same manner as prescribed by law for cases of assessment and valuation of real estate for the ordinary tax.
Sec. 72. Payment. — All sums and amounts due from
any owner or owners as a result of any action taken by virtue of the
authority conferred in this article shall be due and payable to the
City Assessor and Collector in the same manner as the annual tax levied
on real estate under the provisions of article thirteen hereof, and
shall be subject to the same penalties for delinquency, and enforceable
by the same remedies, as such annual tax; and all such sums and amounts
together with any such penalties incurred, shall from the date on which
they were assessed constitute a lien on the property against which the
same were assessed and shall take precedence over any and all other
liens which may exist upon such property excepting only such as may
have attached as a result of the non-payment of said annual tax.
Special Assessments for National Roads
Sec. 73. Assessment by direction of the President. — When the President of the Philippines shall so direct it, the City Council, as an agency of the National Government, shall provide, by means of an ordinance, for the levying and collection, by special assessments of the real estate within the district or section of Quezon City especially benefited, of the cost or a part thereof to be determined by the President, of laying out, opening, constructing, straightening, widening, extending, grading, paving, curbing, walling, deepening, or otherwise establishing, repairing, enlarging, or improving national roads, in Quezon City, including the costs of acquiring the necessary land and improvements therein. Within the meaning of this section, all real estate comprised within the district or section benefited, except lands or buildings owned by the Republic of the Philippines or by Quezon City, shall be subject to the payment of the special assessment, based upon the valuation of such real estate as shown by the books of the City Assessor, or its present value as fixed by said officer in the first instance if the property does not appear of record in his books according to the valuation whereof the special tax has to be made, computed and assessed.
Sec. 74. Contents of ordinance. — The ordinance
providing for the levying and collection of a special assessment shall
describe in terms of reasonable accuracy the nature, extent, and
location of the national road project to cover the cost of which the
special assessment is to be levied; the probable or actual cost
thereof; the rate per centum, as shall be determined by the President,
of the cost to be defrayed by special assessment; the district or
section which shall be subject to the payment of the said special
assessment, delimiting the same by metes and bounds and the number of
annual installments, which shall not be less than five, in which such
special assessment shall be paid, without any interest.
Sec. 75. Publication and hearing. — The proposed special assessment ordinance shall be published for a period of one week in two daily newspapers of general circulation, one in English and one in Spanish or Tagalog language, before its adoption by the Council, and shall be posted at the usual places for posting public notices, in the office of the Director of Public Works and in the office of the City Engineer and also at conspicuous places in the district or section of the city where such national road project is constructed or contemplated to be constructed. The city secretary shall, upon request, furnish a copy of the proposed ordinance, by ordinary mail or otherwise. Within three days after the last publication of the special assessment ordinance, the Council or the committee in charge of the project shall hold a public hearing on the same and hear all pertinent arguments and evidence offered by the persons interested or their attorneys and such arguments and evidence shall be attached to the proper records.
Sec. 76. Transmittal to the Mayor. — The special assessment ordinance, together with all papers pertaining to the same, shall be sent to the Mayor within five days after its passage. The Mayor may then consider the protest of the persons claiming to be affected if signed by a majority of said persons representing more than one-half of the total assessed value of the property which according to the proposed ordinance would be subject to the special assessment, and within fifteen days after the Mayor receives such protest, if any, he may propose to the City Council such amendment or amendments to the same as he may see fit. If a protest has been filed with the Mayor in accordance with this section, within ten days after transmittal to him by the City Council, the special assessment ordinance shall not take effect until the Mayor shall have returned such ordinance together, with amendments, if any, and the City Council shall have repassed the same, otherwise such ordinance shall take effect like any other ordinary ordinance. Either the parties affected or the City Engineer through the Director of Public Works may appeal to the President of the Philippines, whose decision shall be final.
Sec. 77. Assessment of Tax. — Upon the effectivity of the special assessment of ordinance, the City Assessor and Collector shall forthwith proceed to determine the special tax payable by each penalty during the period fixed in the ordinance, upon the basis of the estimated or actual cost of the work and the total and parcel value of the real estate comprised within the district especially benefited, and shall notify each owner by ordinary mail of the special tax assessed against such property owned by him in the district benefited, but if upon the completion of the improvement, in cases where the assessment is made prior to the completion thereof, it should appear that the cost has been less or more, the City Engineer through the Director of Public Works, shall forthwith certify this fact to the City Assessor and Collector who shall thereupon proceed to rectify the assessment, reducing or increasing, as the case may be, the special tax upon each property affected, for the unpaid remainder of the annual installments, or if all are paid, fixing the amount to be credited to or the special additional tax to be collected from the realty, as the case may be, and shall notify the persons interested of such rectification.
Sec. 78. Appeal. — Any owner considering himself aggrieved by any decision of the City Assessor and Collector may appeal from the same to the Board of Tax Appeals within the same time and in the same manner as prescribed by law for cases of assessment and valuation of real estate for the ordinary tax.
Sec. 79. Payment. — All sums and amounts due from
any owner or owners as a result of any action taken by virtue of the
authority conferred in this Act shall be due and payable to the City
Treasurer in the same manner as the annual tax levied on real estate
under the provisions of article XIII of this Act, and shall be subject
to the same penalties for delinquency, and enforceable by the same
remedies, as such annual tax; and all such sums and amounts, together
with any such penalties incurred, shall from the date on which they
were assessed constitute liens which may exist upon such property
excepting only such as may have attached as a result of the non-payment
of said annual tax: Provided, however, That the proceeds thereof shall
accrue to the National Treasurer as a special fund for the
construction, improvement, and maintenance of national roads within
Quezon City, to be allotted by the Secretary of Public Works to such
projects upon the recommendation of the Director of Public Works.
Regulation of Places of Amusements and Sale of Intoxicating Liquors
Sec. 80. Power of Council over amusement places. — All laws and executive orders existing at the time of the approval of this Act referring to the regulation of night-clubs, cabarets, dancing schools, pavilions, cockpits, bars, saloons, bowling alleys, billiard pools, boxing contests and other places of amusements, and the regulations for the sale of intoxicating liquors, shall be inoperative within Quezon City, and the power to promulgate such regulations shall be vested in the City Council and the Mayor. Notwithstanding the provisions of the preceding paragraph, such laws and Executive Orders existing at the time of the approval of this Act shall continue in force within Quezon City until the City Council and the Mayor shall by ordinance provide otherwise.
Acquisition and Administration of Landed Estates
Sec. 81. Administration of lands by the city. — All lands, estates, or haciendas in Quezon City already purchased or to be purchased by the National Government for resale to their bona fide tenants or occupants shall be administered by the city through the Mayor, in accordance with ordinances, to be approved by the City Council. For this purpose, all duties, functions, powers and obligations heretofore imposed upon, or exercised or assumed by the Rural Progress Administration in connection with said lands, estates or haciendas are hereby transferred to Quezon City.
Sec. 82. City Council to fix terms and conditions for resale of lots. — The City Council shall by ordinance fix the terms and conditions for resale of the lots in the lands, haciendas or estates mentioned in section one: Provided, That (a) in such resale, first priority shall be given to the bona fide tenants or occupants of the land, hacienda or estate at the time the same was purchased by the National Government, and second priority to laborers and low-salaried employees and veterans; (b) the price to be fixed shall not exceed that which is sufficient to cover the purchase price paid by the National Government plus the cost of surveying, subdividing and laying of boundaries and monuments, etc., if the same had not been already made at the time of the purchase; (c) in the case of lots sold on the installment plan, no interest shall be charged in excess of four per centum per annum of the unpaid balance; (d) no cost or expenses of administration of any kind shall be imposed upon the buyers of lots; (e) lands or areas reserved for streets, alleys or other public improvements shall be paid by Quezon City and shall not be charged to the buyers, but for this purpose, the city shall be considered as a bona fide tenant and shall be entitled to such terms, installments and other conditions as any other bona fide tenant; and (f) no rent shall be charged to the bona fide tenants or occupants from the time the lands, haciendas or estates were bought by the National Government to the time the lots into which they have been subdivided were sold to the bona fide tenants or occupants.
Sec. 83. Revision of contracts in connection with resale of lots. — All contracts made and existing at the time of the approval of this Act in connection with the resale of the lots herein mentioned shall be revised and readjusted to conform with the conditions set forth in the proviso of the preceding section and any additional conditions prescribed by the City Council, in so far as they are favorable to the purchasers of said lots. All rents paid by the bona fide tenants or occupants to the National Government at the time of approval of this Act shall be credited in their favor as part of the purchase price for the respective lots.
Sec. 84. Authority of the City to acquire private
lands for sale to residents. — Quezon City is hereby authorized to
acquire private lands in the city to subdivide the same into home lots
for sale on easy terms to city residents, giving first priority to the
bona fide tenants or occupants of said lands, and second priority to
laborers and low-salaried employees and veterans. For the purpose of
this section, the city may raise the necessary funds by appropriation
of general funds, by securing loans or by issuing bonds, and, if
necessary, may acquire the lands through expropriation proceedings in
accordance with law, with the approval of the President. The lands
acquired under this section shall be administered in the same manner as
those mentioned in section eighty-one and the conditions prescribed in
the proviso of section eighty-two shall be applicable to the resale of
the lands thus acquired.
Sec. 85. Repealing clause. — Commonwealth Act Numbered Five hundred and two, as amended by Commonwealth Act Numbered Six hundred and fifty-nine, as further amended by Republic Acts Numbered Three hundred and thirty-three and Three hundred and ninety-two, is hereby repealed.
Sec. 86. Effectivity. — This Act shall take effect
upon its approval.
Approved: June 16, 1950