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REPUBLIC ACT NO. 5797 - AN
ACT TO REVISE THE CHARTER OF THE CITY OF DUMAGUETE
PRELIMINARY ARTICLE SECTION 1. Title of Act. — This Act shall be known as the Revised Charter of the City of Dumaguete. ARTICLE I Sec. 2. Territory and boundaries of the City of Dumaguete. — The boundaries and limits of the City of Dumaguete shall comprise the territory within its present corporate limits or as hereinafter changed in accordance with law. The President of the Philippines may, by executive order, increase the territory of the City of Dumaguete by adding thereto such contiguous barrios and towns as may be necessary and desirable in the public interest. Sec. 3. Corporate character of the city. — The City of Dumaguete constitutes a political body corporate and as such is endowed with the attribute of perpetual succession and possessed of the powers which pertains to a municipal corporation, to be exercised in conformity with the provisions of this Charter. Sec. 4. Administrative districts. — The City Council may, by ordinance, divide the city into districts for all administrative and other municipal purposes, including the description of property. Such districts as may have been established by law in the city on or before the date on which the Charter shall take effect, shall remain in existence until changed or abolished by law or by ordinance. Sec. 5. Seal and general powers of the city. — The city shall have a seal which shall be used in all documents of official character. It may acquire, take, purchase, receive, hold, barter, donate, lease, convey, and dispose of real and personal property within or without its corporate limits for the general interests of the city, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution, actions where its interests are involved, and exercise all the powers conferred by this Charter together with all the powers implied thereby or appropriate to the exercise thereof. The provisions of this Charter shall be construed liberally in favor of the city, to the end that it may have all the necessary powers for the efficient conduct of its municipal affairs. The specific mention of particular powers in other sections of this Charter shall not be construed as limiting the powers of the city in the premises to those thus mentioned. Sec. 6. Exemption from liability for damages. — The city shall not be liable or held for damages or injuries to persons or property arising from the failure of the mayor or any other city officer or employee, to enforce the provisions of the Charter, or any other law or ordinance, or from negligence of said Mayor or other city officers or employees while enforcing or attempting to enforce the provisions thereof. Sec. 7. Jurisdiction of the city for police
purposes. — The jurisdiction of the City of Dumaguete for police
purposes shall extend throughout its territorial jurisdiction and also
to six miles from the shore of Dumaguete City and over a zone
surrounding the City on land of three miles in width; and for the
purpose of protecting and insuring the purity of the water supply of
the city, such police jurisdiction shall also extend over all territory
within the drainage area of such water supply, or within two hundred
meters of any reservoir, conduit, canal, aqueduct or pumping station
used in connection with the city water service. Sec. 8. Elective officers; elections. — The elective officers of the city shall be the mayor, the vice-mayor and the councilors, all of whom shall be elected at large by the qualified voters of the city on the date of the regular elections for provincial and municipal officials, in conformity with the provisions of the Revised Election Code, and shall assume office on the first day of January next following their election, upon qualifying, and shall hold office for four years and until their successors shall have been duly elected and qualified. Sec. 9. General qualifications of elective
officers. — In addition to any special qualifications prescribed by
this Charter, all elective officers of the city shall be qualified and
registered electors of the city and hold no other public office except
that of notary public or membership in the Armed Forces reserve, nor
any other employment with the city or with the National Government or
any province or municipality. ARTICLE II SECTION 19. Nature of office; qualifications, compensation. — The mayor shall be the chief executive of the city and as such shall have immediate control over the executive functions of the different departments and agencies of the city, subject to the general supervision of the President as he may be provided for by law. He shall be at least thirty years of age, and shall have been a resident of and a registered voter in the city for at least five years immediately prior to and at the time of his election. He shall hold office for four years unless sooner removed for cause as provided for by law, and shall receive a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven and a commutable living allowance of five thousand pesos per annum. Sec. 20. General powers and duties of the mayor. —
The mayor shall have the following general powers and duties: Sec. 21. The vice-mayor. — The vice-mayor, who
shall, at the time of his election, possess the qualifications required
of the mayor, shall perform the duties and exercise the powers of the
mayor in the event of death, resignation or permanent incapacity of the
mayor for the completion of the unexpired term of the latter. He shall
hold office for four years, unless sooner removed for cause as provided
for by law, and shall receive a salary as provided for in Republic Act
Numbered Four thousand four hundred seventy-seven. The vice-mayor shall
perform such additional duties as may be assigned to him by the mayor
or prescribed by ordinance. Sec. 22. Secretary to the Mayor. — The mayor shall
appoint one secretary who shall have charge and custody of all records
and documents of the city and of any office or department thereof for
which provision is not otherwise made; shall keep the corporate seal
and affix the same with his signature to all ordinances and resolutions
signed by the mayor and to all other official documents and papers of
the government of the city as may be required by law or ordinance;
shall attest all executive orders, proclamations, ordinances, and
resolutions signed by the 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 character, and shall charge fees as may be prescribed by
resolution for the city council, payable direct to the city treasurer.
He shall perform also such duties as are required of the heads of the
departments of the city government and for the purposes of this
section, the secretary will be considered the head of a department. The
secretary shall receive a salary of nine thousand three hundred pesos
per annum. The position of secretary shall be regarded as within the
unclassified civil service and the secretary shall hold office only
during the term of office of the appointing mayor and until a successor
in the office of secretary is appointed and qualified, unless sooner
separated for or without cause by the mayor. ARTICLE III Sec. 23. Compensation and organization. — The city council shall be the legislative body of the city and shall be composed of eight councilors, who shall be elected at large by popular vote during every election for provincial and municipal officials in conformity with the provisions of the Revised Election Code. The vice-mayor shall preside over the meetings of the City Council but shall have no right to vote except in case of a tie. He shall sign all resolutions and ordinances immediately after their approval by the city council. Whenever the vice mayor performs the duties and exercises the powers of the mayor in the event the latter is temporarily incapacitated to perform the duties of his office due to absence on leave, sickness or temporary disability, he automatically ceases to be the presiding officer of the city council. The councilor who assumes the office of vice-mayor under the circumstances stated in Section twenty-one of this Act, and as such also assumes the office of mayor when the latter is temporarily incapacitated to perform the duties of his office due to circumstances stated in the next preceding paragraph shall, while so assuming the office of mayor, not perform any duty as member of the council. Where a member of the city council exercises the functions of the vice-mayor, said member ceases to take part in the deliberations of the council except to preside. For service as acting mayor or acting vice-mayor, the Vice-Mayor or member of the council shall receive a total compensation equivalent to the salary of the mayor or vice-mayor as the case may be, during the period of such service. In case of sickness or absence or any other temporary incapacity of any member of the city council, or if, for any reason, it becomes necessary to maintain a quorum, the mayor may make a temporary appointment, the person receiving the same shall possess all rights and perform all the duties of a member of the city council. The members of the city council shall each receive a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven. Sec. 24. Qualifications — Election of Councilors. — Each councilor at the time of his election shall be not less than twenty-three years of age, and shall have been a resident and registered voter in the city for at least two years. The eight candidates receiving the greatest number of votes at any election shall be declared elected and any tie for the eighth place shall be broken by the drawing of lots as provided for in the Revised Election Code. If any person so elected is ineligible to hold office, or if, for any reason, there shall be a failure to elect one or more members, no special election shall be called, but the vacancy or vacancies shall be filled for the term by appointment by the President. Insofar as they are applicable, all provisions in the election law are made effective as to the members of the city council and to their election, to the same extent as if the City of Dumaguete were a province and the election of said members where the election for members of the provincial board, except where there is a conflict between the provisions of the election law and this Charter, in which case, the provisions of this Charter shall prevail. The qualified voters in the election of the provincial governor, the provincial vice-governor and the members of the provincial board of Negros Oriental, and, for this purpose, the city shall continue to form part of the province. Sec. 25. Legislative procedure. — The first
meeting of the newly elected city council shall be held at ten o'clock
in the morning of the first day of January following its election,
after which the council shall meet regularly at such times and on such
days as may be prescribed by resolution but not less frequently than
once each week. Sec. 26. Procedure as to ordinance following
passage — mayor's veto powers. — Each ordinance enacted or adopted by
the council after being signed by the secretary and the presiding
officer shall be forwarded to the mayor for his approval. Within ten
days after receipt of the same, Sundays and holidays excepted, the
mayor shall return it to the council with his approval or veto. If he
does not return it within that time, it shall be deemed to be approved.
If he returns it with his veto, his reasons therefor in writing shall
accompany it. It may then again be enacted by the affirmative vote of
six members of the city council and again forwarded to the mayor for
his approval, and if within ten days after receipt, Sundays and
holidays excepted, he does not again return it with his veto, it shall
be deemed to be approved. If within said time he again returns it with
his veto, it may again be reenacted by the affirmative vote of six
members of the city council, and, in such case, the ordinance is deemed
approved. Sec. 27. Appropriation by the city council. — The city council shall make all appropriations for the expenses of the government of the city. Whenever the city council fails to pass any appropriation ordinance for any fiscal year before the end of the previous fiscal year, the appropriation ordinance for such previous fiscal year, shall be deemed reenacted, and shall go into effect on the first day of the new fiscal year as the appropriation ordinance for that fiscal year until a new appropriation ordinance is duly enacted. Sec. 28. General powers and duties of the city
council. — Any provision of law and executive orders to the contrary
notwithstanding, the city council shall have the following legislative
powers: Sec. 29. Restrictive provisions. — No commercial sign, signboard, or billboard shall be erected or displayed in public lands, premises, or buildings, without the consent of the Mayor. If after due investigation, and having given the owners an opportunity to be heard, the mayor 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 creation or display thereof. Sec. 30. Election and duties of secretary of the
city council. — The city council shall have a secretary who shall be
elected by the councilors but not from its own membership to serve
during the term of office of the members of the city council. He shall
be in charge of the records of the city council and shall keep the
record of its proceedings. He shall also keep a separate record in a
book or books for that purpose with proper indices of all ordinances
and all resolutions and motions adopted by the council with their dates
of passage and publication. He shall be custodian of the seal of the
council which shall be circular in form with the inscription "City
Council — City of Dumaguete" in the center of which shall be placed the
arms of the city. He shall affix said seal with his signature to all
ordinances and other official acts of the council and shall present the
same for signature to the presiding officer. He shall forward to the
mayor all ordinances, resolutions or motions requiring the latter's
approval and shall cause such ordinance to be posted or published as
herein provided. He shall, upon request, furnish certified copies of
all records of public character in his charge under the seal of the
council and charge fees therefor as may be prescribed by law, ordinance
or resolution payable direct to the City Treasurer. He shall keep his
office and all records therein, which are not of a confidential
character, open to public inspection during usual business hours. He
shall have such other powers and duties as may be prescribed by
ordinances. His compensation as secretary shall be as provided for in
Republic Act Numbered Four thousand four hundred seventy-seven. ARTICLE IV Sec. 31. 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 Finance 2. Department of Assessment 3. Department of Engineering and Public Works 4. Law Department 5. City Court 6. Criminal, Juvenile and Domestic Relations Court; 7. Department of Health 8. Police Department 9. Fire Department 10. Waterworks Department 11. Department of Public Services Upon the recommendation of the mayor, the city council may, from time to time, by ordinance, assign additional functions or duties to, and make such readjustments in the duties of, the several departments and offices of the city as the public interest may require, and shall have the power to consolidate any department, division or office of the city with any other department, division or office or delegate these powers to the mayor by ordinance. Any existing law to the contrary notwithstanding, two or more departments may be headed by the same individual. Sec. 32. Powers and duties of heads of
departments. — Any existing law to the contrary notwithstanding, each
head of the department of the city government shall be in control of
such department under the direct supervision and control of the Mayor,
and shall possess such powers and obligations as may be prescribed
herein or by ordinance. He shall certify to the correctness of all
payrolls 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 appropriations necessary for the operation of his
department during the ensuing fiscal year, and shall submit therewith
such information for purposes of comparison as the mayor may desire. He
shall submit to the mayor as often as required reports covering the
operations of his department. Sec. 33. Appointment and removal of officials and
employees. — The President of the Philippines shall appoint, with the
consent of the Commission on Appointments, the judge of the city court,
and in case of a temporary vacancy in such court, an acting judge
therefor, the judge of the Criminal, Juvenile and Domestic Relations
court, the city treasurer, the city engineer, the city fiscal and his
assistants, the city chief of police, the city assessor, the city
health officer and the city superintendent of schools. The mayor shall
appoint all other officials and employees of the city whose appointment
is not vested in the President or otherwise provided for in this
Charter, any existing law to the contrary notwithstanding. The mayor
may, for cause as provided for by Civil Service law and rules, suspend
for not more than sixty days and recommend the removal of any official
or employee appointed by him to the Civil Service Commission. He may
investigate or cause to be investigated any official appointed by the
President and recommend to him the suspension or removal or such
official. ARTICLE V Sec. 34. The city treasurer — His powers, duties and compensation. — There shall be a city treasurer with a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven, who shall have charge of the city Department of Finance and shall act as chief fiscal officer and financial adviser of the city and custodian of its funds. He shall be assisted by an assistant city treasurer with a salary as provided in Republic Act Numbered Four thousand four hundred seventy-seven. The City Treasurer shall exercise the functions of city collector of taxes and 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, and shall receive and receipt for all costs, fees, fines and forfeitures imposed by the City Court, from the clerk thereof, and the fees collected by the sheriff or his deputies; and shall collect miscellaneous charges made by the Department of Engineering and Public Works and by other departments of the city government, and all charges made by the City Engineer for inspections, permits, licenses, and the installations, maintenance, and services rendered in the operation of the private privy system. He shall collect, as deputy of the Commissioner of Internal Revenue, by himself or his deputies, all taxes and charges imposed by the Philippine Government upon property or persons in the City of Dumaguete, depositing daily such collections in any depository bank of the Government. 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 law. Any provisions of law to the contrary notwithstanding, he shall purchase all supplies, equipment and property required by the city as may be authorized by ordinances or resolutions approved by the mayor, and issue such supplies, equipment and other property upon authority of the mayor. 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. He shall deposit daily all city funds and collections in any bank duly designated by the city council as government depository. 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 February twenty-eight, together with an estimate of the receipts and expenditures for the remainder of the current fiscal year; and he shall submit with this statement a detailed estimate of the revenues and receipts of the city from all sources for the ensuing fiscal year. Upon receipt of this statement and estimate and the estimates of department heads as are required by Section thirty-two of this Charter, the mayor shall formulate and submit to the city council before the thirty-first 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 authorized appropriations, upon property executed vouchers bearing the approval of the chiefs of the departments, and 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 with a statement of the appropriations, expenditures and balances of all funds and accounts as of the last day of the month preceding. ARTICLE VI Sec. 35. The City Assessor. — His powers and duties. — The city assessor shall have charge of the Department of Assessment. He shall receive a salary of thirteen thousand eight hundred pesos per annum. He and his authorized deputies are empowered to administer any oath authorized in connection with the valuation of real estate for the assessment and collection of taxes. He shall make a list of the taxable real estate in the city, arranging in the order of the lot and block numbers the names of the owners thereof, with a brief description of the property opposite each such name and the cash value thereof. In making this list, the City Assessor shall take into consideration any sworn statement made by the owners of the property, but shall not be prevented thereby from considering other evidence on the subject and exercising his own judgment in respect thereto. For the purpose of completing this list, he and his representatives may enter upon the real estate for the purpose of examining and measuring it, and many summon witnesses, administer oaths to them, and subject them to examination concerning the ownership and the amount of real estate and its cost value. He may, if necessary, examine the records of the office of the Register of Deeds showing the ownership of real estate of the city. Sec. 36. Real estate exempt from taxation. — The
following shall be exempt from taxation: Sec. 37. Declaration to be made by persons acquiring or improving real estate. — It shall be the duty of each person who, at any time, acquires real property estate in the city, and of each person who constructs or adds to any improvement on real estate owned by him in the city, to prepare and present the city assessor within a period of sixty days next succeeding such acquisition, construction or addition, a sworn declaration setting forth a value of the real estate acquired or the improvement constructed or addition made by him and a description of such property sufficient to enable the City Assessor readily to identify the same. Any person having acquired real estate who fails to make and present the declaration herein required 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 has been assessed in the name of its actual owner. Sec. 38. Action when owner makes no returns, or is unknown, or ownership is in dispute or in doubt, or when land and improvements are separately owned. — If the owner of any parcel of real estate shall fail to make a return thereof, or if the city assessor is unable to discover the owner of any real estate, he shall nevertheless list the same for taxation, and charge the tax against the true owner, if known, and if unknown then as against an unknown owner. In case of doubt or dispute as to ownership of real estate, the taxes shall be levied against the possessor or possessors thereof. When it shall appear that there are separate owners of the land and the improvements thereon, a separate assessment of the property of each shall be made. Sec. 39. Action in case estate has escaped taxation. — If it shall come to the knowledge of the city assessor that any taxable real estate in the city has escaped listing, it shall be his duty to list and value the same at the time and in the manner provided in the next succeeding section and to charge against the owner thereof the taxes due for the current year and the last preceding one year, and the taxes thus assessed shall be legal and collectible by all the remedies herein provided, and if the failure of the city assessor to assess such taxes at the time when they should have been assessed was due to any fault or negligence on the part of the owner of such property, the penalties shall be added to such back taxes as though they had been assessed. Sec. 40. When assessment may be increased or reduced. — The city assessor shall during the first fifteen days of January of each year add to his list of taxable real estate in the city the value of the improvements placed upon such property during the preceding year, and any property which is taxable and which has heretofore 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 assessment, as the case may be. Sec. 41. Publication of complete list and
proceedings thereon. — The city assessor shall, when the list shall be
completed, inform the public by notice published for seven days in a
newspaper of general circulation in the city, if any, and by notice
posted for seven days at the main entrance of the City Hall, that the
list is on file in his office and may be examined by any person
interested therein, and that upon the date fixed in the notice, when
shall not be later than the tenth day of February, the City Assessor
will be in his office for the purpose of hearing complaints as to the
accuracy of the listing of the property and the assessed value thereof.
He shall further notify in writing each person the amount of whose tax
will be changed by such proposed changed, 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, some time in the
month of January. Sec. 42. City assessor to authenticate lists of
real estate assessed. — The city assessor shall authenticate each list
of real estate valued and assessed by him as soon as the same is
completed, by signing the following certificate at the foot thereof: Sec. 43. Time and manner of appealing to Board of Assessment Appeals. — In case any owner of real estate or his authorized agent, shall feel aggrieved by any decision of the city assessor under the preceding sections of this Article, such owner or agent may, within thirty days after the notice of such decision, appeal to the Board of Assessment Appeals. The appeal shall be perfected by filing written notice of the same with the city assessor and it shall be the duty of that officer forthwith to transmit the appeal to the Board of Assessment Appeals with all written evidence in his possession relating to such assessment and valuation. Sec. 44. Constitution and compensation of Board of
Assessment Appeals. — There shall be a Board of Assessment Appeals
which shall be composed of five members to be appointed by the mayor.
Three members of the Board shall be selected from among government
officials in the city other than those in charge of assessment and they
shall serve without additional compensation. The two other members
shall be selected from among property owners in the city and they shall
each receive compensation of ten pesos for each day of session actually
attended. The Chairman of the Board shall be designated in the
appointment. The secretary of the Board shall be appointed by the Mayor
and shall keep the records of the proceedings of the Board. Sec. 45. Oath to be taken by members of the Board
of Assessment Appeals. — Before organizing as such, the members of the
Board of Assessment Appeals shall take the following oath before the
city judge or some other officer authorized to administer oaths: Sec. 46. Proceedings before Board of Assessment Appeals. — The Board of Assessment Appeals shall hold such number of sessions as may be authorized by the mayor, shall hear all appeals duly transmitted to it, and shall decide the same forthwith. It shall have authority to cause to be amended with the listing and valuation of the property in respect to which any appeal has been perfected by order signed by the Board or a 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 Mayor first, and all erroneous or unjust assessments and valuations for taxation, and make a correct and just assessment and state the true valuation, in each case when it decides that the assessment previously made is erroneous or unjust. The assessment when so corrected shall be as lawful and valid for all purposes as though the assessment had been made with the time herein prescribed. Such assessment and revaluation shall be made on due notice to the individual concerned who shall be entitled to be heard by the Board of Assessment Appeals before any reassessment or revaluation is made. The decision of the Board of Assessment Appeals shall be final unless the mayor declares the decision reopened for review by him, in which case he may make such revision or revaluation as in his opinion the circumstances justify. Sec. 47. Taxes on real estate — Extension and
remission of the tax. — A tax, the rate of which shall not exceed two
per centum ad valorem to be determined by the city council, shall be
levied annually on or before the second Monday of January on the
assessed value of all real estate in the city subject to taxation. All
taxes on real estate for any year shall be due and payable annually on
the first day of June and from this date such taxes together with all
penalties accruing thereto shall constitute a lien on the property
subject to such taxation. Sec. 48. Seizure of the personal property for delinquency in payment of the tax. — After a property shall have become delinquent in the payment of taxes and said taxes and the corresponding penalties shall remain unpaid ninety days after payment thereof shall have become due, the city treasurer, or his deputy, if he desires to compel payment through seizure of any personal property of any delinquent person or persons, shall issue a duly authenticated certificate, based on the records of his office, showing the fact of delinquency and the amount of the tax and penalty due from said delinquent person or persons or from each of them. Such certificate shall be sufficient warrant for the seizure of the personal property belonging to the delinquent person or persons in question not exempt from seizure; and those proceedings may be carried out by the city treasurer, his deputy, or any other officer authorized to carry out legal proceedings. Sec. 49. Personal property exempt from seizure and
sale for delinquency. — The following personal property shall be exempt
from seizure, sale and execution for delinquency in the payment of the
real estate tax: Sec. 50. The owner may redeem personal property before sale. — 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 cost to be charged in making such seizure and sale shall only embrace the actual expenses, 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. 51. Sale of seized personal property. —
Unless redeemed as hereinbefore provided, the property seized through
proceedings under Section forty-eight hereof, shall after due
advertisement, he exhibited for sale at public auction and so much of
the same as shall satisfy the tax penalty, and cost of seizure and sale
shall be sold to the highest bidder. The purchaser at such shall sale
shall acquire an indefeasible title to the property sold. Sec. 52. Return of officer — Disposal of surplus. — The officer directing the sale under the preceding section shall forthwith make return of his proceedings and note thereof shall be made by the city treasurer upon his records. Any surplus resulting from the sale over and above the tax, penalty, and cost, and any property remaining in possession of the officer, shall be returned to the taxpayer on account of whose delinquency the sale has been made. Sec. 53. Vesting title to real estate in city government. — Upon the expiration of two years from the date on which the taxpayer has been delinquent, and in the event of continued default in the payment of the tax and penalty, all private rights, titles and interest in and to the real estate on which said tax is delinquent, shall be indefeasibly vested in the city government, subject only to the rights of redemption and repurchase provided for hereinbelow: Provided, That the title acquired by said city government to real estate shall not be superior to the title thereto of the original owner prior to the seizure thereof. Sec. 54. Redemption of real estate before seizure. — At any time after the delinquency shall have occurred, but not after the expiration of ninety days from the date of sale, the owner or his lawful representative or any person having any lien, right or any other legal or equitable interest in said property, may pay the taxes and penalties accrued and thus redeem the property. Such redemption shall operate to divest the city government of its title to the property in question and to revert the same to the original owner, but when such redemption shall be made by a person other than the owner, the payment shall constitute a lien on the property, and the person making such payment shall be entitled to recover the same from the original owner, or if he is be a lessee, he may retain the amount of said payment from the proceeds of any income due to the owner of such property: Provided, That the person exercising the right of redemption shall not acquire a title to said property better than that of the original owner prior to the seizure. Sec. 55. Notice of seizure of real estate. — Notice of seizure of the real estate shall be given by posting notices at the main entrance of the city hall, the provincial building and all the municipal buildings in the Province of Oriental Negros, in English and Spanish, and in the dialect commonly used in the locality. Three copies of said notice shall also be posted on the property subject to seizure, and a copy shall be sent by registered mail to the delinquent owner. Such notices shall state the names of the delinquent persons, the date on which such delinquent commenced, the amount of the taxes and penalties then due from each, and shall state that unless such taxes and penalties are paid within ninety days from the date of the publication of such notice, the forfeiture of the delinquent real estate to the city government shall become absolute. Sec. 56. Ejectment of occupants of seized property. — After the expiration of ninety days from the date of sale the city treasurer, or his deputy, may issue to the Mayor or to other officers authorized by law to execute and enforce the laws, a certificate describing the parcel of real estate on which the taxes have been declared delinquent, stating the amount of taxes due, and the penalties and costs accrued by reason of the delinquency, and requesting him to reject from said property all the tenants and occupants thereof. Upon receiving such certificate, the mayor or any other officer authorized to enforce the law, shall forthwith have all the tenants and occupants who refuse to recognize the title of the city expelled from the property in question, and to that and as he may use the police force: Provided, however, That if the property so seized is or includes a residential home, the occupant thereof shall be given sufficient time, not exceeding ten days from the date of the notice of ejectment, to vacate the premises. Sec. 57. Redemption of real property before sale. — After the title to the property shall have become vested in the city government in the manner provided for in Section s fifty-three and fifty-five hereof, and at any time prior to the sale or contract of sale by the city treasurer to a third party, the original owner or his legal representative or any person having any lien, right, or other legal interest or equity in said property, shall have the right to redeem the entire property in question, by paying the full amount of taxes and penalties due therein at the time of the seizure, and if the city treasurer shall have entered into a lease of the property, the redemption shall be made subject to the said lease: Provided, That the payment of the price of sale may, at the discretion of the purchaser, be made in installments extending over a period not exceeding twelve months, but the initial payment, which must be made on the date of the filing of the application for redemption, and every subsequent payment, shall not be less than twenty-five per centum of the entire sum due, and shall in no case be less than two pesos, unless the total or the balance of the amount due on all seized property in the name of the taxpayers is less than two pesos. The purchaser may occupy the property after paying the first installment and the usual taxes on the property shall be payable in the year after that in which the application for redemption was approved. Any failure of the delinquent taxpayer to pay an installment on the date it is due shall have the effect of a forfeiture to the city government of any partial payment made by said taxpayer, and in case he has taken possession of the property, he shall forthwith surrender the same to the city government. In case the purchaser should fail to relinquish possession of said property, the city treasurer or his deputy shall forthwith adopt measures to eject therefrom all the tenants or occupants thereof as provided for in this Act: Provided, however, That the original owner of any real estate seized prior to the approval of this Act, who redeems the same within six months subsequent to its approval, is hereby released from any obligation he may have to the government for rent for the use of such property: Provided, finally, That the provisions of this section shall apply to redemption of real estate seized for delinquency in the payment of taxes thereon and not redeemed up to the date of the approval of this Act. Sec. 58. Notice of sale of real estate at public auction. — At any time after the forfeiture of any real estate shall have become absolute, the treasurer, may announce the sale of the real estate seized on account of delinquency in the payment of taxes thereon, for the redemption of which no application has been filed. Such announcement shall be made by posting a notice for three consecutive weeks at the main entrance of the city hall and of all the municipal buildings of the province, in either English or Spanish, and in the dialect commonly used in the locality, and by publishing the same once a week during three consecutive weeks in a newspaper of general circulation in the city. Copies of such notice shall be sent immediately by registered mail to the delinquent taxpayer at the latter's home address, if known. The notice shall state the amount of the taxes and penalties so due, the time and place of sale, the name of the taxpayer against whom the taxes are levied, and the approximate area, the lot number and the location by district and street and the street number and district or barrio where the real estate to be sold is located. Sec. 59. Sale of real estate — Conditions. — At
any time during the sale or prior thereto, the taxpayer may stay the
proceedings by paying the taxes and penalties to the city treasurer or
his deputy. Otherwise the sale shall proceed and shall be held either
at the main entrance of the city hall or on the premises of the real
estate to be sold as the city treasurer or his deputy may determine.
The payment of the sale price may, at the option of the purchaser, be
made in installments covering a period not exceeding twelve months, but
the initial payment shall be made at the time of the sale, and each
subsequent payment shall not be less than twenty-five per centum of the
sale price and shall in no case be less than two pesos. The purchaser
may occupy the property after paying the first installment, and the
usual taxes on the property shall be payable in the year following that
in which the sale took place. Any failure of the purchaser to pay the
total price of the sale within twelve months from the date thereof,
shall be sufficient ground for its cancellation, and any part payment
made shall revert to the city government and if the purchaser has taken
possession of the property he shall forthwith surrender the same to the
city government. In case the purchaser should fail to relinquish
possession of the property, the city treasurer or his deputy shall
immediately take steps to eject the tenants or occupants of the
property, in accordance with the procedure prescribed in Section fifty-six of this Act. Sec. 60. Redemption of real estate after sale. — Within one year from and after the date of sale, the delinquent taxpayer or any other person in his behalf, shall have the right to redeem the property sold by paying to the city treasurer or his deputy the amount of the taxes, penalties, cost and interest at the rate of twelve per centum per annum on the purchase price, if paid in whole, or on any portion thereof as may have been paid by the purchaser and such payment shall invalidate the certificate of sale issued to the purchaser, if any, and shall entitle the person making such payment to a certificate to be issued by the city treasurer or his deputy, stating that he has thus redeemed the property, and the city treasurer or his deputy, upon the return by the purchaser of the certificate of sale previously issued to him, shall forthwith refund to the purchaser the entire sum paid by him with interest at twelve per centum per annum, as provided for herein, and such property shall thereafter be free from the lien of such taxes and penalties. Sec. 61. Execution of deed of final sale. — In case the delinquent taxpayer shall not redeem the property sold as herein provided within one year from the date of the sale, and the purchaser shall then have been paid the total purchase price, the city treasurer, as grantor, shall 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 had been sold, free from all liens or encumbrances of any kind whatsoever, and said deed shall succinctly recite all the proceedings upon which the validity of the sale depends. Any balance remaining from the proceeds of the sale after deducting the amount of the taxes and penalties due, and the costs, if any, shall be returned to the original owner or his representatives. Sec. 62. Taxes and penalties which shall be paid upon redemption or repurchase. — The taxes and penalties to be paid by way of redemption or repurchase, shall comprise in all cases only the original tax by virtue of the failure to pay for which the seizure was made, and its incidental penalties, up to the date of the forfeiture of the real estate to the government. Sec. 63. Taxes — Legal procedure. — (a) The
assessment of a tax shall constitute a lawful indebtedness of 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 remedies provided by law. ARTICLE VII Sec. 64. Allotment of internal revenue and other taxes. — Of the internal revenue accruing to the National Treasury under Chapter II, Title XII of Commonwealth Act Numbered Four hundred and sixty-six, and other taxes collected by the National Government and allotted to the various provinces, as well as the national aid for schools, the City of Dumaguete shall receive a share equal to what it would receive if it were a regularly organized province. Sec. 65. Power to levy special assessments for
certain purposes. — The city council may, by ordinance, provide for the
levying and collection, by special assessment of the lands comprised
within the district or section of the city specially benefited, of a
part not to exceed sixty per centum of the cost 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 acquiring the
necessary land and public improvements therein, as hereinafter
provided. Sec. 66. Property subject to special assessment. — All lands comprised within the district or section benefited, except those owned by the Republic of the Philippines, shall be subject to the payment of the special assessment. Sec. 67. Basis of apportionment. — The amount of the special assessment shall be apportioned and computed according to the assessed valuations of such lands as shown in the books of the city assessor. If the property has not been declared for taxation purposes, the city assessor shall immediately declare it for the owner and assess its value, and such value shall be the basis of the apportionment and computation of the special assessment due thereon. Sec. 68. Ordinance levying special assessment. —
The ordinance providing for the levying and collection of a special
assessment shall describe with reasonable accuracy the nature, extent,
and location of the work to be undertaken; the probable cost of the
work; the percentage of the cost to be defrayed by special assessment;
the district or section which shall be subject to the payment of the
special assessment the limits whereof shall be stated by metes and
bounds if practicable and by other reasonably accurate means if
otherwise, and the period, which shall not be less than five nor more
than ten years, in which said special assessment shall be payable
without interest. One uniform rate per centum for all lands in the
entire district or section subject to the payment of all the special
assessments need not be established, but different rates for different
parts of section of this city according as said property will derive
greater or less benefit from the proposed work, may be fixed. Sec. 69. Publication of proposed ordinance levying
special assessment. — The proposed special assessment ordinance shall
be published, with a list of the owners of the lands affected thereby,
once a week for four consecutive weeks in any newspaper published in
the city, one in English, one in Spanish, and one in the local dialect.
The said ordinance in English, Spanish and the local dialect shall also
be posted in places where public notices are generally posted in the
city and also in the district or section where the public improvement
is constructed or contemplated to be constructed. Sec. 70. Protest against special assessment. — Not later than fifteen days after the last publication of the ordinance and list of landowners, as provided in the preceding section, the landowners affected, if they compose a majority and represent more than one-half of the total assessed value of said lands, may file with the city council a protest against the enactment of the ordinance. The protest shall be duly signed by them and shall set forth the addresses of the signers and the arguments in support of their objection or protest against the special assessment established in the ordinance. If no protest is filed within the time and under the condition above specified, the ordinance shall be considered approved as published. Sec. 71. Hearing of protest. — The city council shall designate a date and place for the hearing of the protest filed in accordance with the next preceding section and shall give reasonable time to all protestants who have given their addresses and to all landowners affected by any protest or protests, and shall order the publication once a week, during two consecutive weeks, of a notice of the place and date of the hearing in the same manner herein provided for the publication of the proposed special assessment ordinance. All pertinent arguments and evidence presented by the landowners interested or their attorney shall be attached to the proper records. After the hearing the city council shall either modify its ordinance or approve it in toto and send notice of its decision to all interested parties who have given their addresses, and shall order the publication of the ordinance as approved finally together with a list of the owners of the parcel of land affected by the special assessment, three times weekly, for two consecutive weeks, in the same manner hereinabove prescribed. The ordinance finally passed by said body shall be sent to the Mayor with all the papers pertaining thereto, for his approval or veto as in the case of other city ordinances. If the Mayor approves it, the ordinance shall be published as above provided, but if he vetoes it, the procedure in similar cases provided in this Act shall be observed. Sec. 72. When ordinance is to take effect. — Upon the expiration of fifteen days from the date of the last publication of the ordinance as finally approved, the same shall be effective in all respects, without prejudice to the appeal taken in the manner hereinafter prescribed. Sec. 73. Appeals. — Any time before the ordinance providing for the levying and collection of special assessment becomes effective in accordance with the preceding section, appeals from such special assessment may be filed with the President of the Philippines in the case of public works undertaken or contemplated to be undertaken by the National Government, and with the Secretary of Finance in the case of public works undertaken or contemplated to be undertaken by the city. In all cases the appeal shall be in writing and signed by at least a majority of the owners of the lands situated in the special assessment zone representing more than one-half of the total assessed value of the lands affected. The appellants shall immediately give the Board a written notice of the appeal, and the secretary of said board shall, within ten days after receipt of the notice of appeal, forward to the officer who has jurisdiction to decide the appeal an excerpt from the minutes of the board relative to the proposed special assessment and all the documents in connection therewith. Sec. 74. Decision of the appeal. — Only appeals made within the time and in the manner prescribed in this Act shall be entertained, and the officer to whom the appeal is made may call for further hearing or decide the same in accordance with its merits as shown in the papers or documents submitted to him. All appeals shall be decided within sixty days after receipt by the appellate officer of the docket of the case, and such decision shall be final. Sec. 75. Fixing of amount of special assessment. — As soon as the ordinance is in full force and effect, the city treasurer shall determine the amount of the special assessment which the owner of each parcel of land comprised within the zone described in the ordinance levying the same is to pay each year during the prescribed period, and shall send to each of such landowners a written notice thereof by ordinary mail. If upon completion of the public works it should appear that the actual cost thereof is smaller or greater than the estimated cost, the city treasurer shall without delay proceed to correct the assessment by increasing or decreasing, as the case may be, the amount of the unpaid annual installments which are still to be collected from each landowner affected, and in all cases, he shall give notice of such rectifications to the parties interested. Sec. 76. Payment of special assessment. — All sums due from any landowner or owners as the result of any action taken pursuant to this Act shall be payable to the city treasurer in the same manner as the annual ordinary tax levied upon real property, and shall be subject to the same penalties for delinquency and be enforced by the same means as said annual ordinary tax; and all said sums together with any of said penalties shall from the dates on which they are assessed, constitute special liens on said land, with the sole exception of the lien for the non-payment of the ordinary real property tax. If, upon recomputation of the amount of special assessment in accordance with the next preceding section, it appears that the landowner has paid more than what is correctly due from him the amount paid in excess shall be refunded to him immediately upon demand; in the other case, the landowner shall have one year within which to pay without penalty the amount still due from him. Said period shall be counted from the date the landowner received the proper notice. Sec. 77. Disposition of proceeds. — The proceeds
of the special assessment and penalties thereon shall be applied
exclusively to the purpose or purposes for which the assessments were
levied. It shall be the duty of the city treasurer to turn over to the
National Treasury all collections made by him from special assessment
levies from national public works. ARTICLE VIII Sec. 78. The city engineer — His powers, duties and compensation. — There shall be a city engineer with a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven, who shall be in charge of the Department of Engineering and Public Works. He shall have charge of all the surveying and engineering work of the city. He shall have the care of all public streets, parks, canals, esteros, bridges, public grounds, recreation areas and playgrounds and shall maintain, clean, sprinkle, and regulate the use of the same for all purposes as provided by ordinance, shall collect and dispose of all garbage, refuse and the contents of closets, vaults, and cesspools and all other offensive and dangerous substances within the city, and shall perform such services in connection with public improvements, or any work entered upon or proposed by the city, or any department thereof, except those of the waterworks department, as may require the skill and experience of a civil engineer. He shall ascertain, record and establish monuments of the city survey 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. He shall prepare and submit plans, maps, specifications and estimates for buildings, streets, bridges, docks, and other public works and supervise the construction and repair of the same. He shall make such tests and inspection of engineering materials used in construction and repair as may be necessary to protect the city from the use of materials of poor or dangerous quality; shall inspect and report upon the conditions of public property and public works whenever required by the mayor. He shall have the care of all public buildings, when erected, including markets and slaughterhouses and all buildings rented for city purposes, and of any system now or hereafter established by the city for lighting the streets, public places, and public buildings. He 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 and regulate and enforce the numbering of houses, in accordance with the ordinances of the city; shall have the care and custody of all public docks, wharves, piers, levees, and landing places, owned by the city, and the care and custody, supervision, administration and control of the Dumaguete piers and Dumaguete sea wall, and all foreshore lands within the territorial jurisdiction of the city; shall have general supervision and inspection of all private docks, wharves, piers, levees, and landing places, and other property bordering on the harbor, river, esteros, and waterways of the city, and shall recommend the issuance of permits for the construction, repair, and removal of the same, and enforce all ordinances relating to the same. He shall file and preserve all maps, plans, notes, surveys, and other papers and documents pertaining to his office. He shall supervise the laying of mains and connections for the purpose of supplying gas to the inhabitants of the city. He shall supervise and regulate the location and use of engines, boilers, forges, and other manufacturing and heating appliances in accordance with law and ordinance relating thereto. He is authorized to charge fees, at the rates to be fixed by the City Council with the approval of the Mayor, for sanitation and transportation services and supplies furnished by his department. With the previous approval of the Mayor in each case, he shall order the removal of buildings and structures erected in violation of ordinances, shall order the removal of the materials employed in the construction or repair of any building or structures made in violation of said ordinances, and shall cause buildings or structures dangerous to the public to be made secure or torn down. Sec. 79. Execution of authorized public works and improvement. — All public works construction, repair and improvements of the city shall be carried out by the administration by the office of the city engineer under the direct supervision and direction of the city mayor. The approval of the plans and specifications thereof by the city mayor with the favorable recommendation of the City Council and the city engineer shall constitute sufficient warrant for the undertaking and execution of said projects. For justifiable reasons, the mayor, with the advice and consent of the city council, may also have said work done totally or partially by contract, upon advertising for bids therefor: Provided, That in the case where the funds are borrowed from private persons or institutions and not obtained from taxes or any other governmental source public bidding may be dispensed with. Sec. 80. Assistant and employees. — To assist the
city engineer in the discharge of his official duties, there shall be
an assistant city engineer, with a salary as provided for in Republic
Act Numbered Four thousand four hundred seventy-seven, and other
employees as are from time to time provided in appropriation
ordinances. ARTICLE IX Sec. 81. The Fiscal of the city — His assistants — His duties. — The law department shall consist of the fiscal of the city and three assistants, namely: one first assistant city fiscal, one second assistant city fiscal and one third assistant city fiscal, who shall discharge their duties under the general supervision of the Secretary of Justice. The fiscal of the city shall have charge of the prosecution of all crimes, misdemeanors and violations of laws and city ordinances, triable in the Court of First Instance of Negros Occidental and the city court of the city, and shall discharge all the duties in respect to criminal prosecution enjoined by the law upon provincial fiscals. The fiscal of the city shall investigate or cause to be investigated all charges of crimes, misdemeanors, and violations of laws and city ordinances, and have the necessary information or complaints prepared or made against the persons accused. He or any of his assistance may conduct such investigation by taking oral evidence of reputed witnesses, and for this purpose, may, by 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 for a warrant of arrest to the city court of the Court of First Instance. No witness summoned to testify under this section shall be under obligation to give any testimony tending to incriminate himself. The fiscal of the city shall also cause to be investigated the causes of sudden deaths which have not been satisfactorily explained and when there is suspicion that the causes arose from the unlawful acts or omissions of other persons or from foul play. For that purpose, he may cause autopsies to be made in case it is deemed necessary and shall be entitled to demand and receive, for purposes of such investigations or autopsies, the aid of the city health officer or other health authorities stationed in Dumaguete City. In case the fiscal of the city 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 from the head of the department of legal medicine of the College of Medicine and Surgery of the University of the Philippines, or the aid of the medico-legal section of the National Bureau of Investigation, who shall thereupon furnished the assistance required, in accordance with his powers and facilities. He shall at all 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. The fiscal of the city and his assistants shall receive the salaries which shall be paid by the City of Dumaguete and the National Government in this manner: Fiscal of the city, as provided for in Republic Act Numbered Four thousand one hundred forty-two, with only five thousand seven hundred pesos to be paid by the City of Dumaguete and the balance payable by the National Government; the first assistant city fiscal, as provided for in Republic Act Numbered Four thousand one hundred forty-two, with only three thousand one hundred twenty pesos to be paid by the city of Dumaguete and the balance payable by the National Government; the second assistant city fiscal, as provided for in Republic Act Numbered Four thousand one hundred forty-two, with only three thousand pesos to be paid by the City of Dumaguete and the balance payable by the National Government; the third assistant city fiscal, as provided for in Republic Act Numbered Four thousand one hundred forty-two, with only two thousand seven hundred pesos to be paid by the City of Dumaguete and the balance payable by the National Government. Sec. 82. The city legal officer. — There shall be
a city legal officer with the rank of a chief of a city department, who
shall be appointed by the mayor, with a salary of nine thousand three
hundred pesos per annum. He shall be the legal adviser of the city and
all offices and departments thereof, for civil cases and shall
represent the city in all civil cases wherein the city or any officer
thereof in his official capacity is a party, shall attend, when
required, meetings of the city counsel, draw ordinances, contracts,
bonds, leases, and other documents involving any interest of the city,
and inspect and pass upon all such documents already drawn; shall give
his opinion in writing when requested by the mayor or city council or
any of the heads of the city departments upon any question relating to
the city, or the rights or duties of any city official thereof; shall,
whenever it is brought to his knowledge that any person, firm or
corporation holding or exercising any franchise or public privilege
from the city has failed to comply with any condition or to pay any
consideration mentioned in the grant of such franchise or privilege,
investigate or cause to be investigated the same and report to the
mayor; shall, when directed by the mayor, institute and prosecute, in
the city interest a suit on any bond, lease, or other contract, and
upon any breach or violation thereof; and shall prosecute and defend
all civil actions related to, or in connection with, any city office or
interest. ARTICLE X Sec. 83. Regular, auxiliary and acting judges of City Courts. — There shall be a city for the City of Dumaguete for which there shall be appointed a city judge and auxiliary city judge. The city judge shall receive a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven, with only eight thousand seven hundred sixty pesos to be paid by the city government and the balance payable by the National Government. The city judge shall be allowed a vacation of not more than thirty days every year with salary, which vacation may be cumulated. The auxiliary city judge shall discharge the duties in case of absence, incapacity or inability of the city judge until he resumes his post, or until a new judge have been appointed. During his incumbency the auxiliary city judge shall enjoy the powers, emoluments and privileges of the city judge who shall not receive any remuneration therefor except the salary to which he is entitled by reason of his vacation provided for in this Act. In case of absence, incapacity, or inability, of both the city judge and the auxiliary city judge and in case of any vacancies in such offices, the Secretary of Justice shall designate the municipal judge of any of the adjoining municipalities to preside over the city court, and he shall hold the office temporarily until the regular incumbent or the auxiliary judge thereof shall have resumed office, or until another judge shall have been appointed in accordance with the provisions of this Act. The municipal judge so designated shall receive his salary as municipal judge plus the salary of the city judge whose office he has temporarily assumed. The city council may create additional judges of the city court through appropriation ordinances as the public interest may require. Sec. 84. Clerk of court and employees of the city
court. — There shall be a clerk of court of the city court who shall be
appointed by the Secretary of Justice in accordance with Civil Service
Law, rules and regulations, and who shall receive an annual salary
equal to the salary of administrative deputies or chief clerks of other
departments. 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 case, 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, the date of
the trial, and the nature of the judgment, together with the fines and
costs adjudged or collected in accordance with the judgment. He shall
have the power to administer oaths and to act as notary public ex
officio. Sec. 85. Jurisdiction of city court. — The city court shall have territorial jurisdiction embracing the entire police jurisdiction of the city, and shall hold daily sessions, Sundays and legal holidays alone excepted. Said court shall have jurisdiction over all criminal cases as provided in the Judiciary Act of 1948, as amended. It may also conduct preliminary investigation 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. 86. Incidental powers of city court. — The city court shall have power to administer oaths and to give certificates thereof; to issue summons, 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 to any person arrested a bond for good behavior 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. 87. Procedure in city court in prosecution for violations of law 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 ordinances of the city in such cases made and provided." All proceedings and prosecutions for offenses against the laws of the Philippines shall conform to the rules relating to process, pleadings, practice, and procedure for the judiciary of the Philippines, and such rules shall govern the city court and its officers in all cases insofar as the same may be applicable. Sec. 88. Costs, fees, fines, and forfeitures in city court. — There shall be taxed against and collected from the defendant, in case of his conviction in the city court, such costs and fees as may be prescribed by law in criminal cases in municipal courts. All costs, fees, fines, and forfeitures shall be collected by the clerk of court, who shall keep a docket of those imposed and of those collected, and shall deposit the same to the city treasurer, for the benefit of the city, on the next business day after the same are collected, and take receipts therefor. The city judge shall examine said docket each day, compare the same with the amount receipted for by the city treasurer and satisfy himself that all such costs, fees, fines and forfeitures have been duly accounted for. Sec. 89. No person sentenced by city court to be confined without commitment. — No person shall be confined in the city prison by sentence of the city court until the warden or officer in charge of the prison shall receive a written commitment showing the offense for which the prisoner was tried, the date of the trial, the exact terms of the judgment or sentence, and the date of the order of the commitment. The clerk shall, under seal of the court, issue a commitment in each case of sentence to imprisonment. Sec. 90. Procedure on appeal from city court to
Court of First Instance. — An appeal shall lie to the Court of First
Instance in all cases where fine or imprisonment, or both, is imposed
by the city court except in cases of concurrent jurisdiction where the
appeal shall be taken directly with the Court of Appeals. The party
desiring to appeal shall, before six o'clock post meridian of the
fifteenth day after notice of the judgment by the city court, file with
the clerk of court a written statement that he appeals to the Court of
First Instance or in the proper case, to the Court of Appeals, together
with the appeal bond required in all cases. The filing of such
statement and appeal bond shall perfect the appeal. The judge of the
city court shall, within five days after the appeal is taken, transmit
to the clerk of court of the Court of First Instance or the Court of
Appeals as the case may be, a certified copy of the record of
proceedings and all the original papers and processes in the case, and
the clerk of court of the proper Appellate Court shall docket the
appeal. A perfected appeal shall operate to vacate the judgment of the
city court, and the action, when duly entered in the Court of First
Instance, shall stand for trial de novo upon its merit 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 city court or of the
judge of the Court of First Instance, upon sufficient bail in
accordance with procedure in force, to await the judgment of the
appellate court. Sec. 91. Assessors in the courts of the city. —
The aid of assessors in the trial of any civil or criminal action in
the city 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 city 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
action in the city court and a like list of persons to sit as assessors
in the trial of action in the Court of First Instance. The city council
may, at any time, strike any name off the list so prepared by reason of
the death, permanent disability, or unfitness of the person named; and
in case names are so stricken off, 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 the assessors in the city court or in
the Court of First Instance shall proceed as provided for by law or the
Rules of Court; and the method of summoning assessors, enforcing their
attendance, excusing them from attendance, their compensation, oath,
and effect of dissent from the opinion of the judge shall be as
provided in those laws and rules. ARTICLE XI Sec. 92. The Criminal, Juvenile and Domestic Relations Court. — There shall be a Criminal, Juvenile and Domestic Relations Court for the City of Dumaguete for which there shall be a judge who shall possess the same qualifications, enjoy the same privileges and receive the same salary as the city judge. Provisions of the Judiciary Act to the contrary notwithstanding, the court shall have exclusive original jurisdiction to hear and decide the following cases: (a) Criminal cases cognizable by the city court wherein the accused is under sixteen years of age at the time of the trial; (b) Case involving custody, guardianship, adoption, paternity and acknowledgment; (c) Annulment of marriages, legal separation of spouses and action for support; (d) Proceedings brought under Articles one hundred sixteen, two hundred twenty-five, two hundred fifty-two, and three hundred thirty-two of the New Civil Code; (e) Petitions for the declaration of absence and the change of name; (f) Actions for the separation of property of spouses; (g) Proceedings affecting a dependent or neglected child as herein defined; (h) Crimes committed by public officers, crimes against persons and crimes against property as defined and penalized under the Revised Penal Code, whether simple or complexed with other crimes; (i) Violations of Republic Act Numbered Three thousand nineteen, otherwise known as the The Anti-Graft and Corrupt Practices Act, and Republic Act Numbered One thousand three hundred seventy-nine; and (j) Violations of Section s three thousand six hundred one, three hundred six hundred two and three thousand six hundred four of the Tariff and Customs Code and Section s one hundred seventy-four, one hundred seventy-five and three hundred forty-five of the National Internal Revenue Code. The court shall likewise have such incidental powers as are generally possessed by the city court. If any question involving any of the above matters should arise as an incident in any case pending in the ordinary courts, such incident shall be determined in the main case. Sec. 93. Dependent or neglected child. — The term 'dependent child' or `neglected child' shall mean any child under sixteen years of age who is dependent upon the public for support or who is destitute or homeless or abandoned; or who has the proper parental care or guardianship, or who habitually begs or receives alms, or who is found living in any house or ill fame or with any vicious or disreputable person, or whose home by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such child. Sec. 94. Proceedings concerning a 'dependent' or
'neglected' child. — The Social Welfare Administrator or his
representative who is resident of the city, having knowledge of a child
in the city who appears to be a 'dependent' or 'neglected' child may
file with the clerk of court of the court a written petition setting
forth the facts constituting a child 'dependent' or 'neglected'; which
petition shall be verified by the affidavit of the petitioner. It shall
be sufficient if the affidavit shall be upon information and belief.
Such petition shall set forth the name of the parent or parents of such
child, if known, and their residence; and if such child has no parent
living, then the name and residence of the guardian of such child, if
he has one. Sec. 95. Proceedings in other cases. — In the
hearing and disposition of cases other than those covered by the
preceding section, the court shall be governed by the Rules of Court
and the law applicable in each particular case. Sec. 96. Appeal from decision and order of court. — Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as appeal from the city court. Sec. 97. Clerk of court and other employees. — The
Criminal, Juvenile and Domestic Relations Court shall be a court of
record and shall have a clerk of court and such employees as may be
necessary who shall be appointed in the same manner and shall receive
the same compensation as similar officials and employees of the city
court. ARTICLE XII Sec. 98. The city health officer — His salary, powers, and duties. — There shall be a city health officer with a salary, as provided for in Republic Act Numbered Four thousand four hundred seventy-seven, who shall have charge over the Department of Health. He shall have general supervision and control over the health and sanitary condition of the city and shall have the control and supervision over puericulture centers and social services in the city. He shall execute and enforce all laws, ordinances and regulations relating to public health and shall recommend to the city council the passage of ordinances as he may deem necessary for the preservation of public health. He shall cause to be prosecuted all violations of sanitary laws, ordinances or regulations, and shall make sanitary inspections and may be aided therein by such members of the police force of the city as shall be designated as sanitary police by the chief of police and by such sanitary inspectors as may be authorized by law or ordinances. He shall keep a civil registry for the city and record therein all births, marriages, and deaths with their respective dates. He shall perform such other duties with reference to the health and sanitation of the city as the Director of Health Services shall direct: Provided, That nothing in this law shall be interpreted as to curtail the powers and duties conferred by existing law to the Director of Health Services over the City of Dumaguete as a part of the Philippines, and that the Director of Health Services shall continue to have technical supervision and control over the health work of the city. He shall be assisted by an assistant city health officer with a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven. ARTICLE XIII Sec. 99. The chief of police — His powers, duties and compensation. — There shall be a chief of police with a salary the same as the salary of the city treasurer who shall have charge of the police department and everything pertaining thereto, including organization, administration, and discipline of members thereof. He may issue supplementary regulations not incompatible with law or general regulations promulgated by the proper department head of the National Government in accordance with law, for the government of the city police. He shall investigate, under the direction of the Mayor, any complaint filed against members of the police and report the result of his investigation to the Mayor, making whatever recommendations he may deem pertinent for such action as said officer may consider necessary; shall quell riots, disorders, disturbances of the peace, and shall investigate, arrest and prosecute violators of any law or ordinance; shall exercise police supervision over all land and water within the police jurisdiction of the city; shall be charged with the protection of the rights of persons and property 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 ordinances, and all who obstruct or interfere with him in the discharging of his duty; shall exercise supervision, administration and control over the city jail and city prisoners until they shall be released from custody, in accordance with law, or delivered to the warden of the proper prison or penitentiary. He may take good and sufficient bail for the appearance before the judge of the city court of any person arrested for violation of any city ordinance: Provided, however, That he shall not exercise those powers in cases of violations of any penal law, except when the fiscal of the city shall recommend and fix the bail to be required of the person arrested; shall have authority within the police jurisdiction of the city, to serve and execute criminal processes of any court. He shall be deputy sheriff of the city and as such he shall either personally or by representative, attend all sessions of the city court, the Criminal, Juvenile and Domestic Relations Court and shall promptly and faithfully execute all orders, all writs and processes of said courts and all criminal processes of the Court of First Instance of Negros Oriental, when placed in his hands for that purpose. He shall have such powers and perform such other duties as may be prescribed by law or ordinance. The chief of police shall have such assistants and additional personnel as may be provided for in appropriation ordinances. SECTION 100. Peace officers — Their powers and duties. — The mayor, the chief of the police and his assistants and all officers and members of the city police shall be peace officers. Such peace officers are authorized to serve and execute all processes of the city court, the Criminal, Juvenile and Domestic Relations Court and criminal processes of all other courts whomsoever directed, within the jurisdictional limits of the city or within the police limits as hereinbefore defined; within the same territory, to pursue and arrest without warrant any person found in suspicious places or under suspicious circumstances reasonably tending to show that such person has committed, or is about to commit, any crime, or breach of the peace; to arrest or cause to be arrested, without warrant, any offender when offense is committed in the presence of a peace officer or within his view; in such pursuit or arrest to enter any building, ship, boat, or vessel or take into custody any person therein suspected of being concerned in such crime or breach of the peace, and any property suspected of having been stolen and to exercise such other powers and perform such other duties as may be prescribed by law or ordinance. This shall detain an arrested person only until he can be brought before the proper magistrate. Whenever the Mayor shall deem it necessary to avert danger or to protect life and property, in case of riot, disturbance, or public calamity, or when he has reason to fear any serious violation of law and order, he shall have power to call the Philippine Constabulary and swear in special police, in such numbers as the occasion may demand. Such special police shall have the powers while on duty as members of the regular force. ARTICLE XIV SECTION 101. Chief of fire department — His powers, duties, and compensation. — There shall be a chief of the fire department who shall be appointed by the city mayor with the consent of the city council, with a salary of ten thousand two hundred pesos per annum. He shall have the management and control of all matters relating to the administration of said department, and the organization, discipline, and disposition of the fire force. He may issue supplementary regulations not incompatible with law or general regulations issued by the proper department head of the National Government in accordance with law, for the governance of the fire force; shall have charge of fire engine houses, fire engines, hose carts, hooks and ladders, trucks, and all other fire apparatus: shall have full police power in the vicinity of fires; shall have authority to remove or demolish any building or other property whenever it shall become necessary to prevent the spreading of fire or to protect adjacent property; shall investigate and report to the Mayor upon the origin and cause of all fires occurring within the city; shall inspect all buildings erected or under construction or repair within the city and determine whether they provide sufficient protection against fire and comply with the ordinances relating thereto; shall have charge of the city fire alarm service; shall supervise and regulate the stringing, grounding, and installation of wires for all electrical connections with a view to avoiding conflagrations, interference with public traffic or safety, or the necessary operations of the fire department; shall supervise and regulate the manufacture, storage, and use of petroleum, gas, acetylene, gunpowder, and other highly combustible matter and explosives; and shall see that all ordinances relating to those subjects or any of them, are enforced. He shall have such other powers and perform such other duties as may be prescribed by law or ordinance. The chief of the fire department shall have an assistant and such other personnel to assist him in his duties as may be provided for from time to time by appropriation ordinance. ARTICLE XV SECTION 102. Chief of waterworks department — His powers, duties, and compensation. — There shall be a chief of waterworks department with the rank of waterworks, superintendent, who shall have charge of said department. He shall receive the same salary as the salary of the city engineer. He shall have the following powers and duties: (a) He shall have charge of all waterworks construction, maintenance, and operation of mains, pipes, water reservoirs, machinery, and other waterworks for the purpose of supplying water to the inhabitants of the city, both for domestic and other purposes; to purify the source of supply, regulate the control and use, and prevent the waste of water; and provide for the condition of rents therefor. (b) He shall have charge to construct, maintain, and operate such systems of sanitary sewers as may be necessary for the proper sanitation of the city and to collect such sums for construction of this service as may be determined by the City Council to be equitable and just. (c) He shall have charge of all the surveying and engineering works of the Waterworks Department of the city, and shall perform such service in connection with waterworks improvements, or any work within the department entered upon or proposed by the city, as may require the skill and experience of a civil engineer. (d) He shall prepare and submit plans, maps, specifications, and estimates for waterworks structures, main-lines, distribution system, pumping and driving units, pumping stations and other public works within the department, and supervise the construction and repair of the same. (e) He shall make tests and inspection of waterworks materials used in construction and repair as may be necessary to protect the city from the use of materials of a poor or dangerous quality. (f) He shall have the care of all buildings in the department when erected. (g) He shall have the care of all public faucets and fire hydrants and shall maintain and regulate the use of the same for all purposes as provided by ordinance. (h) He shall have the care and custody of all waterworks property owned by the city. (i) He shall inspect and report upon the conditions of waterworks property whenever required by the Mayor. ARTICLE XVI SECTION 103. City public service officer. — There shall be a city public service officer who shall be appointed by the city mayor with a salary of nine thousand three hundred pesos per annum who shall have charge of the Department of Public Services. The city public service officer shall have general supervision and control over the sanitary building and plumbing inspection service; care, custody and cleaning of all public buildings, including markets, crematories, slaughterhouses and buildings rented for city purposes, public toilets, collection and disposal of garbage, refuse contents of toilets and cesspools, and all other offensive and dangerous substances within the city. He shall have authority to charge, at rates to be fixed by the city council with the approval of the mayor, fees for public services and supplies furnished by his department to private parties. He shall have authority to declare that any lot or ground within the City of Dumaguete 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 of stagnant or foul water, or that it is a nuisance or a menace to public health, unless filled in or its sanitary condition otherwise improved, and to communicate the same to the mayor. He shall execute and enforce all laws, ordinances, and regulations relating to public services, and shall recommend to the city council the passage of ordinances as he may deem necessary for the better and more adequate extension of public services. He shall have an assistant with a salary of six thousand six hundred pesos per annum and such other personnel to assist him in his duties as may be provided for from time to time by appropriation ordinances. ARTICLE XVII SECTION 104. The General Auditing Office — city auditor. — The Auditor General shall appoint an Auditor for the city who shall have the rank of a chief of a city department and shall receive a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven, one-half of which shall be payable from funds of the city and the remaining half from National Government funds. The city auditor under the supervision of the Auditor General shall receive and audit all accounts of the city in accordance with the provisions of law relating to government accounts and accounting. He shall be assisted by an assistant city auditor who shall likewise be appointed by the Auditor General with a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven. The city council may provide such personnel in the office of the city auditor through appropriation ordinances. SECTION 105. The procurement office. — If the city mayor should so request, the purchasing agent shall purchase and supply in accordance with law all supplies, equipment, material, and property of every kind, except real estate, for the use of the city and its departments and offices. But contracts for completed work of any kind for the use of the city or any of its departments or offices, involving both labor and materials, where the materials are furnished by the contractor, shall not be deemed to be within the purview of this section. SECTION 106. 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. There shall be a city superintendent of schools who shall receive a salary as provided for in Republic Act Numbered Four thousand four hundred seventy-seven. He shall have all the powers and duties and respect to the schools of the city as are vested in division superintendents in respect to schools of their divisions. The city council shall have the same powers in respect to the establishment of schools as are conferred by law on City Councils. SECTION 107. Reports to the mayor concerning schools — Construction and custody of school buildings. — The city superintendent of schools shall make a quarterly report of the condition of the schools and school buildings of the City of Dumaguete to the mayor, and such recommendations as seem to him wise in respect to the number of teachers, new buildings to be erected, and all other similar matters, together with the amount of city revenues which should be expended in improving the schools or school buildings of the city. SECTION 108. The city register of deeds. — The President of the Philippines shall appoint with the consent of the Commission on Appointments, a city register of deeds who shall have the rank of a chief of a city department and shall receive a salary of ten thousand two hundred pesos per annum, one-half of which shall be payable from funds of the city and remaining half from National Government funds. The city register of deeds shall have such powers and duties as are provided under existing laws. ARTICLE XVIII SECTION 109. Allotment of internal revenue and other taxes. — Of the internal revenue accruing in the National Treasury under Chapter II, Title XII of Commonwealth Act Numbered Four hundred sixty-six, and other taxes collected by the National Government and allotted to the various provinces, as well as the national aid for schools, the city shall receive a share equal to what it would receive if it where a regularly organized province. SECTION 110. City acquisition and operation of utilities. — The city may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers, or both. It may construct all facilities reasonably needed for that purpose and may acquire by purchase, condemnation or otherwise, any existing utility properties so needed; but no proceedings to acquire any such public utility shall be consummated unless the city has the money in the treasury to pay for the acquisition or has made provision for paying for the property proposed to be acquired. Subject to the provisions of any applicable law or Public Service Commission regulations, the city council may fix rates, fares, and prices for city-owned or operated utilities, but such rates, fares and prices shall be just and reasonable. In like manner, the council may prescribe the time and manner in which payments for all such services shall be made, and may make such other regulations as may be necessary, and prescribe penalties for violation of such regulations. The city council may, in lieu of providing for the local production of gas, electricity, water, and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix in accordance with law. The city council may, if the public interest will be served thereby, contract with any responsible person, partnership, or corporation, for the operation of any utility owned by the city, upon the basis of the highest and best bid therefor, and upon such terms and conditions as the council may provide; but the terms and conditions, other than the amount of the annual rental, shall be clearly set forth in an ordinance authorizing the taking of bids on the proposed lease, which ordinance shall not be adopted by the council until thirty days after its construction, and shall not in the meantime be amended or modified. SECTION 111. Engineering fund. — The engineering fund of the city shall be considered as city funds as well as all sums of money accruing to the city by virtue of any Public Works Act approved by Congress. SECTION 112. Transitory provisions. — Officers and employees, whether occupying positions in the classified or unclassified service, shall continue in the service unless removed for cause as provided by law. SECTION 113. Ordinance, etc. of the city to remain in force. — All ordinance, resolutions, orders or other regulations of the city on the date of the approval of this Act shall continue in full force and effect until repealed, modified or superseded by the City Council by ordinances. SECTION 114. Congressional district; provincial capital. — Until otherwise provided by law, the City of Dumaguete shall continue as part of the first congressional district of the Province of Oriental Negros, and shall remain the capital of the same. SECTION 115. Relations between the City of Dumaguete and the provincial government of Negros Oriental. — All qualified voters of the City of Dumaguete shall be entitled to vote and to be voted upon in all provincial elective positions in accordance with the Revised Election Code. The provincial board of Negros Oriental shall have the right to appeal to the President of the Philippines any or all ordinances approved by the city council which affect the interests of the province. SECTION 116. Repealing clause. — Republic Act Numbered Three hundred twenty-seven, as amended, and all laws or parts of laws, executive orders and proclamations or parts thereof inconsistent with any of the provisions of this Act are hereby repealed or modified accordingly. SECTION 117. Construction of this Act. — If any part or section of this Act shall be declared unconstitutional, such declaration shall not invalidate the other provisions thereof. ARTICLE XIX SECTION 118. This Act shall take effect upon its approval, except the provisions regarding therein which shall take effect of July 1, 1969. Approved: June 21, 1969. |
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