REPUBLIC ACT NO. 5525 - AN
ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWENTY-TWO
HUNDRED THIRTY-FOUR, KNOWN AS THE CHARTER OF THE CITY OF LEGAZPI
Section 1. Subparagraph (e) of Section nine of Republic Act
Numbered Twenty-two hundred thirty-four is amended to read as
follows:
"(e) To see that the executive officers and employees
of the city properly discharge their respective duties. The Mayor, may,
in the interest of the service transfer officers and employees not
appointed by the President of the Philippines from one section,
division, or service to another section, division, or service and make
the corresponding change in the title within the same department
without changing the compensation they receive."
Sec. 2. The same Act is amended by adding after
subparagraph (o) of Section nine thereof the following new
subparagraph, to be known as subparagraph (p), to read as
follows:
"(p) To create the positions of a City Legal Officer,
Executive Assistant and City Information Editor for which there shall
be appointed by the Mayor, subject to the Civil Service Law, rules and
regulations, a Legal Officer, Executive Assistant and City Information
Editor. Any existing provisions of law and executive orders to the
contrary notwithstanding, such Legal Officer, Executive Assistant and
City Information Editor shall have the rank, salary, emolument, and
privileges of a city department head.
"The functions thereto performed by the City Fiscal in serving as legal
adviser and legal officer for civil cases of the city shall be
transferred to the City Legal Officer.
"The duly appointed City Legal Officer, Executive Assistant, and City
Information Editor shall remain and continue as such City Legal
Officer, Executive Assistant, and City Information Editor Officer
without the necessity of a new appointment."
Sec. 3. Section ten of the same Act is amended to
read as follows:
"Sec. 10. Secretary to the Mayor. — The Mayor shall
appoint one secretary who shall have the rank of a department head and
who shall take charge and custody of all record and documents of the
city and of any office or department therein 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 Mayor and
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, proclamation, ordinances and resolutions signed by the Mayor
and shall perform such other duties as the Mayor may require of him;
shall, upon request, furnish certified copies of all city records and
documents in his charge which are not of a confidential nature, and
collect and receive such fees as may be prescribed by law or resolution
of the Municipal Board. He shall also perform such duties as are
required by the heads of departments of the city government by Section twenty-one hereof. The position of Secretary shall be regarded as
within the unclassified civil service but may be filled in the manner
in which classified positions are filled, and if so filled, the
appointee shall be entitled to all the benefits and privileges of
classified employee, except that he hold office only during the term of
the appointing Mayor and until a successor in the office of the
secretary is appointed and qualified, unless sooner separated. He shall
receive an annual salary to be determined by the Municipal Board and in
no case, however, shall it be less than six thousand six hundred pesos
per annum nor shall it exceed that of a city department
head."
Sec. 4. Section twenty of the same Act is amended
to read as follows:
"Sec. 20. City Departments. — There shall be the
following city departments over which the Mayor shall have direct
control and supervision, any existing law to the contrary
notwithstanding:
"1. Department of Finance.
"2. Department of Engineering and Public Works.
"3. Law Department.
"4. Department of Health.
"5. Police Department.
"6. Fire Department.
"7. Department of Assessment.
"8. Department of Public Services and Social Welfare.
"The Municipal Board may from time to time, by ordinance, make such
readjustment of the duties of the several departments as the public
interest may consolidate any department, division or office of the city
with any other department, division or office."
Sec. 5. Section twenty-five of the same Act, is
amended to read as follows:
"Sec. 25. The Bureau of Public Schools. —
Superintendent of City 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 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 schools of
their division.
"Any provision of law to the contrary notwithstanding, the city is
hereby constituted as a separate school division. The city
superintendent of schools shall receive a salary fixed by law:
Provided, That the salaries of the city superintendent, supervisors,
principals, teachers and other operational expenses of the primary,
intermediate, secondary and other public schools in the city shall be
borne by the National Government. The clerical force and assistants and
laborers in the office of the city superintendent of schools shall be
appointed by the City Mayor in accordance with the Civil Service Law,
and their salaries shall be paid by the city as well as the office
expenses for supplies and materials incident to the operation of said
office.
"The Municipal Board shall have the same powers in respect to the
establishment of schools as are conferred by law on municipal
councils."
Sec. 6. Section twenty-six of the same Act is
amended to read as follows:
"Sec. 26. The City Register of Deeds. — The city
shall have a Register of Deeds who shall take charge of the
registration of real properties situated within the city and such
related activities connected therewith. In addition, he shall exercise
and perform such powers and duties as provided by law or ordinance. He
shall receive a salary fixed by existing law.
"The Commissioner of the Land Registration Commission shall exercise
the same jurisdiction and powers in the city as elsewhere in the
Philippines.
"The Register of Deeds of the Province of Albay shall act as city
register of deeds ex officio of the City of Legazpi until such time
when a regular register of deeds shall have been appointed and duly
qualified."
Sec. 7. The same Act is amended by adding new
section after Section twenty-eight thereof to be known as Section twenty-eight-A, to read as follows:
"Sec. 28-A. The Albay Provincial Hospital shall
continue to provide such hospital facilities and medical services to
the City of Legazpi as it does until such time that the city shall have
established its own city hospital: Provided, however, That any existing
provisions of law to the contrary notwithstanding, the City of Legazpi
shall contribute annually for the support of the Albay Provincial
Hospital, such amount which shall be determined by the Secretary of
Health, which in no case however shall exceed five per centum of its
annual general income.
"The City of Legazpi shall be exempt from annual contribution for the
support of the Albay Provincial Hospital immediately upon establishment
of a city hospital."
Sec. 8. The first paragraph of Section thirty is
amended to read as follows:
"Sec. 30. The City Engineer. — His powers and duties.
— There shall be a city engineer who shall have charge of the
Department of Engineering and Public Works. He shall concurrently be
the ex officio district engineer of the Highway Engineering District
comprising the Municipalities of Rapurapu, Manito, Daraga and Camalig.
He shall receive a salary of not less than five thousand one hundred
pesos per annum. He shall have the following duties:"
Sec. 9. Section thirty-two of the same Act is
amended to read as follows:
"Sec. 32. Execution of authorized public works and
improvements. — All repair or construction of any work or public
improvements involving an estimated cost of twenty-five thousand pesos
or more shall be awarded by the Mayor upon the recommendation of the
city engineer to the lowest responsible bidder after public
advertisement by posting notices of the call for bids in conspicuous
places in the City Hall and other public places, which shall not be
less than ten, and by publication in any newspaper of local circulation
both for not less than ten days: Provided, however, That the city
engineer may, with the approval of the President of the Philippines,
upon the recommendation of the Secretary of Public Works and
Communications, execute by administration any such public work costing
twenty-five thousand pesos or more: Provided, finally, That for all
projects financed by city funds, the city engineer may, with the
approval of the Mayor, upon the recommendation of the Municipal Board,
execute by administration any such public works costing twenty-five
thousand pesos or more.
"In case of public works involving an expenditure of less than
twenty-five thousand pesos, it shall be discretionary with the city
engineer with the approval of the Mayor either to proceed with the work
himself or to let the contract to the lowest bidder after such
publication and notice as shall be deemed appropriate or as may be, by
regulation, prescribed.
"Pending the creation of the position of city public works supervisor
and appointment of such official as provided under Republic Act
Numbered Fifty-one hundred eighty-five, the functions of said position
shall be handled by the city engineer."
SECTION 10. Section thirty-three of the same Act is
amended to read as follows:
"Sec. 33. The City Fiscal and Assistant City Fiscals.
— The law department of the city shall consist of a City Fiscal and
Assistant City Fiscals who shall discharge their duties under the
general supervision of the Secretary of Justice. The City Fiscal shall
receive a salary of five thousand one hundred pesos per annum. The
first assistant city fiscal shall receive a salary of five thousand one
hundred pesos per annum. The first assistant city fiscal shall receive
a salary of four thousand pesos per annum; the second assistant city
fiscal, three thousand nine hundred pesos per annum; the third
assistant city fiscal, three thousand six hundred pesos per annum; the
fourth assistant city fiscal three thousand three hundred pesos per
annum and the fifth assistant city fiscal three thousand pesos per
annum.
"The salary herein fixed shall be paid by the City of Legazpi:
Provided, however, That no incumbent fiscal shall suffer by virtue of
the provision of this Act any diminution in the salary actually
received by him under existing laws; nor shall any person who may
hereafter be appointed city fiscal or assistant city fiscal of the City
of Legazpi receive a salary less than that authorized under existing
laws for fiscals of corresponding or similar rank: Provided, further,
That the difference between the salary fixed herein and that fixed in
Republic Act Numbered Four thousand one hundred forty-two for city
fiscals and assistant city fiscals of ranks corresponding to those
named herein shall be paid by the National Government out of the funds
of the National Treasury."
SECTION 11. Section thirty-eight of the same Act is
amended to read as follows:
"Sec. 38. The Deputy Chief of Police. — There shall
be a deputy chief of police whose duties shall be to act as chief in
the absence or incapacity of the chief of police and, under direction
of the chief of police, to look after the discipline of the police
force and perform such other duties as may be imposed upon him by the
chief or prescribed by law or ordinance. He shall receive a salary of
not less than eight thousand four hundred pesos per annum."
SECTION 12. Section thirty-nine of the same Act is
amended to read as follows:
"Sec. 39. Chief of Secret Service. — There shall be a
chief of the secret service who shall, under the chief of police, have
charge of the detective work of the department and of the detective
force of the city, and shall perform such other duties as may be
assigned to him by the chief of police or prescribed by law or
ordinance. He shall receive a salary of not less than seven thousand
two hundred pesos per annum."
SECTION 13. The third and sixth paragraphs of Section fifty-five of the same Act are respectively amended to read as follows:
"At the option of the taxpayer, the tax for any year may be paid in two
installments to be fixed annually by the Municipal Board simultaneously
with the rate per centum of ad valorem taxation: Provided, That the
time limit for the first and second installments shall be set at not
later than the thirty-first day of May and the thirty-first day of
October of each year, respectively: Provided, finally, That if the
first installment is paid on time but the second installment is not
paid on time, the penalties shall accrue only on the second
installment.
"At the expiration of the time for the payment of the real estate tax
without penalty, the taxpayer shall be subject, from the first day of
delinquency, to the payment at the rate of two per centum for each full
month of delinquency that has expired, on the amount of the original
tax due or installment thereof, until the tax shall have been paid in
full or until the property shall have been forfeited to the city as
provided in this Act: Provided, That in no case shall the total penalty
exceed twenty-four per centum of the original tax due."
SECTION 14. The second subparagraph (b) of Section seventy-one of the same Act is amended to read as follows:
"(b) No court shall entertain any suit assailing the
validity of a tax, license or fee assessed under this Charter until the
taxpayer shall have paid, under written protest and brought the court
action within two years from said payment, the tax, license or fee
assessed against him; nor shall any court declare any tax, license or
fee invalid by reason of irregularities, informalities in the
proceedings of the officers charged with the assessment or collection
of taxes, licenses or fees or of a failure to perform their duties
within the time specified for their performance, unless such
irregularities, informalities, or failure shall have impaired the
substantial rights of the taxpayer; nor shall any court declare any
tax, license or fee assessed under the provisions of this Chapter
invalid except upon condition that the taxpayer shall pay the just
amount of his tax, license or fee as determined by the court in the
pending proceeding, without prejudice, however, to the right of the
city to avail of by ordinance the amount paid under protest, including
amounts now with pending proceeding, until tax, license or fee is
declared by the court invalid."
SECTION 15. The same Act is amended by inserting
between Section seventy-one and seventy-two thereof, the following new
Article to be known as Article XIV-A, to read as follows:
"ARTICLE XIV-A. — Department of Public Services and Social Welfare
"Sec. 17-A. City Public Service Officer. — There
shall be a City Public Service and Social Welfare Officer to be
appointed by the City Mayor and whose salary shall be provided in
accordance with the current salary law, who shall have charge of the
Department of Public Services and Social Welfare. He shall have the
following powers and duties:
"(a) He shall have general supervision and control
over the sanitary building and plumbing inspection service; care,
custody and cleaning of all public buildings, markets and buildings
rented for city purposes; public toilet; collection and disposal of
garbage, refuse, contents of toilets and cesspools, and other offensive
and dangerous substances within the city;
"(b) He shall have authority to charge, at rates to
be fixed by the Municipal Board with the approval of the City Mayor,
fees for public services and supplies furnished by his department to
private parties;
"(c) He shall have authority to declare that any lot
of ground within the City of Legazpi belonging to any person or
corporation or to the National Government, or any branch or political
subdivision thereof, is so low, excavated or walled, diked or dammed as
to admit or cause the formation on the surface thereof stagnant of foul
water, or that it is a nuisance or a menace to public health, unless
filled in or its sanitary condition otherwise improved, and shall
communicate same to the Mayor;
"(d) He shall have control and supervision over the
social services of the city;
"(e) He shall cooperate with all public and private
relief agencies and charitable organizations in their missions to the
city and shall be the representative of the Mayor to these agencies and
organizations in matters affecting the social needs and services of the
city;
"( f ) He shall execute and enforce all laws,
ordinances, and regulations relating to public services and social
services;
"(g) He shall recommend to the Municipal Board the
passage of ordinances as he may deem necessary for the better and more
adequate extension of public services and social services to the city;
"(h) He shall cause to be prosecuted all violations
of laws, ordinances, or regulations relating to public services and
social services; and
"(i) He shall have such powers and perform such other
duties as may be prescribed by law or ordinances."
SECTION 16. Section eighty-nine of the same Act is
amended to read as follows:
"Sec. 89. Regular and acting judges of city courts. —
There shall be a city court for the City of Legazpi for which there
shall be appointed three city judges to be known as judges of the
first, second and third branches thereof, respectively.
"The Municipal Board may, when the circumstances so warrant and subject
to the approval of the Secretary of Justice, appropriate an amount for
the establishment of another branch of the city court, the judge
thereof to be appointed as herein provided.
"The city judge may, upon proper application to the Secretary of
Justice, be allowed a vacation of not more than thirty days every year
with salary.
"In case of absence, incapacity or inability of the city judge, the
Secretary of Justice shall designate the municipal judge of any of the
adjoining municipalities to preside over the city court, and he shall
hold office temporarily until the regular incumbent thereof shall have
assumed office, or until another judge shall have been appointed in
accordance with the provisions of this Charter. The municipal judge so
designated shall receive the salary as municipal judge plus thirty per
cent of the city judge whose office he has temporarily assumed to. The
city judges shall each receive a salary of not less than sixteen
thousand pesos per annum subject to such existing laws or amendments as
may henceforth be provided for by law, whichever salary shall be
higher: Provided, however, That the city judges shall continue to
receive from the National Government the same amount of salary as is
now being paid said judges as part of the National Governments share in
accordance with existing law, and the difference thereof shall be paid
by the city government.
"The city judges shall be entitled to such commutable allowances which
should not be less than those granted to city department heads.
"The Municipal Board shall appropriate such amounts as may heretofore
be necessary for the payment of the share of the city for the salaries
of the city judges and may provide for such other commutable advances
as it may deem necessary and proper."
SECTION 17. There is hereby appropriated, out of any
funds in the National Treasury not otherwise appropriated, the sum of
one hundred thousand pesos or so much thereof as may be necessary to
carry out the purposes of this Act for the current fiscal year.
Appropriations for the succeeding fiscal years shall be included in the
annual General Appropriations Act.
SECTION 18. This Act shall take effect upon its
approval.
Approved: June 21, 1969.
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