REPUBLIC ACT NO. 5972 - AN
ACT AMENDING REPUBLIC ACT NUMBERED FORTY-SIX HUNDRED FORTY-FIVE, KNOWN
AS THE CHARTER OF THE CITY OF OLONGAPO
Section 1. Section seven of Republic Act numbered Forty-six
hundred forty-five is hereby amended to read as follows:
"Sec. 7. Income, receipts and profits derived from
sale and/or administration of alienable and disposable lands of the
public domain. — All incomes, receipts and profits derived from the
sale, disposition and/or administration of alienable and disposable
lands of the public domain within the City of Olongapo shall accrue to
a special fund of the city, notwithstanding any provision of law to the
contrary, to be used exclusively to finance, directly or indirectly,
the public works projects of the City of Olongapo, and shall not be
used as a source of funds for the general budget of the City. Direct
appropriation of funds from said Special Fund shall be established and
made in accordance with a long-term development plan listing projects
qualified herein and duly approved by the City Council, upon
recommendation by the City Mayor: Provided, That unless such a long
term development plan for the City of Olongapo is officially approved
by the City Council, no appropriation from the said Special Fund may be
legally made: Provided, further, That interests and dividends earned by
the indirect use of said Special Fund to finance development projects
may be used for the general budget of the City."
Sec. 2. The same Act is further amended by
inserting Section seven-A between sections seven and eight thereof to
read as follows:
"Sec. 7-A. Lands exempted from public auction. — All
commercial and residential lands within the City shall be exempted from
the requirement of sale by public auction and the actual and/or legal
possessor thereof, shall be given priority in acquiring the lands they
occupy notwithstanding the provision of any law to the
contrary."
Sec. 3. Subsection (e), section ten of the same
Act is hereby amended to read as follows:
"(e) To see that the executive officers and employees
of the City properly discharge their respective duties and file
administrative charges in accordance with the Civil Service law against
erring employees or officials who are receiving fully their salaries
from the City and appointed by him or whose appointment is vested in
him by the Decentralization Act and other laws, except the chief of
police, notwithstanding the provision of any law to the
contrary."
Sec. 4. Section twenty-two of the same Act is
amended to read as follows:
"Sec. 22. Officers not to engage in certain
transactions. — It shall be unlawful for any city officer, directly or
indirectly, individually or as a member of a firm, to engage in any
business transaction, with the city or with any of its authorized
officials, boards, agents or attorneys whereby money is to be paid,
directly or indirectly, out of the resources of the city to such person
or firm."
Sec. 5. Section twenty-five of the same Act is
hereby amended to read as follows:
"Sec. 25. The city fiscal — His powers, duties and
compensation. — There shall be a city fiscal, who shall be the chief
prosecuting officer of the city. There shall be eight assistant city
fiscals, who shall be known as the first, second, third, fourth, and
fifth assistant city fiscals, respectively, and three assistant city
fiscals with equal rank. The city fiscal and his assistants shall each
receive the salary provided for in existing laws to be payable from
national funds: Provided, however, That their salaries shall be paid
from city funds until such time as the appropriation of the same has
been included in the annual Appropriations Act. The city fiscal shall,
subject to the general supervision of the Secretary of Justice, have
the following general powers and duties:
"(a) He shall investigate all charges of crimes,
misdemeanors, and violations of laws and city ordinances and prepare
the necessary information or make the necessary complaints against the
persons accused. He may conduct such investigation by taking oral
evidence of reputed witnesses and for this purpose may, by subpoena or
subpoena duces tecum summon witnesses to appear and testify under oath
before him, or produce documents and other evidence before him, and the
attendance of, or the production of documents and other evidence by an
absent or recalcitrant witness may be enforced by application for
warrant of arrest to the city court or the Court of First
Instance.
"(b) He shall have charge of the prosecution of all
crimes, misdemeanors and violations of laws and city ordinances triable
in the Court of First Instance of Zambales and the city court, and
shall discharge all the duties in respect to criminal prosecution
enjoined by law upon provincial fiscals.
"(c) He shall cause to be investigated the causes of
sudden deaths which have not been satisfactorily explained and when
there is suspicion that the cause arose from unlawful acts or omissions
of other persons or from foul play. For that purposes he may cause
autopsies to be made in case it is deemed necessary and shall be
entitled to demand and receive for the purpose of such investigation or
autopsies the aid of the city health officer.
"(d) 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 duties as may be prescribed by law or
ordinances."
Sec. 6. Paragraph (k) is hereby inserted between
paragraph (j) and Section twenty nine of the same Act.
"(k) He and his representatives shall have the power
to arrest violators of health laws, ordinances, rules and regulations
and to recommend the revocation or suspension of the permits of the
different establishments to the City Mayor for violation of health
laws, ordinances, rules and regulations."
Sec. 7. Section thirty of the same Act is hereby
amended to read as follows:
"Sec. 30. The Deputy Chief of Police. — There shall
be a deputy chief of police whose duties shall be to act as chief in
the absence or incapacity of the chief of police and, under the
direction of the chief of police to look after the discipline of the
police force and perform such other duties as may be imposed upon him
by the chief or prescribed by law or ordinance. He shall receive a
compensation of not less than ten thousand two hundred pesos per
annum."
Sec. 8. Section thirty-five of the same Act is
hereby amended to read as follows:
"Sec. 35. Deputy Chief of the Fire Department. —
There shall be a deputy chief of the fire department whose duties shall
be to act as chief in the absence or incapacity of the chief of the
fire department, and, under the direction of the chief of the fire
department, to look after the discipline of the fire force and perform
such other duties as may be imposed upon him by the chief or prescribe
by law or ordinance. He shall receive a compensation of not less than
four thousand two hundred pesos per annum."
Sec. 9. Section eighty-two of the same Act is
hereby amended to read as follows:
"Sec. 82. Regular and Acting Judges of City Court. —
There shall be a city court for the City of Olongapo consisting of five
branches, for which a presiding and four other judges shall be
appointed, to be known, respectively, as judge of the first, second,
third, fourth, and fifth branches. The city judges shall each receive a
salary in accordance with existing laws: Provided, That such salaries
shall be paid by the National Government.
"One judge shall be designated by the Secretary of Justice to try
traffic cases exclusively. When the public interest so requires, the
Secretary of Justice may designate any of the judges to hold sessions
at night.
"The city court shall have the same jurisdiction in civil and criminal
cases and the same incidental powers as are at present conferred by law
upon municipal courts and such additional jurisdiction and powers as
may hereafter be conferred upon them by law.
"In cases of absence, sickness or incapacity of any of the judges of
any of the city court and in case of any vacancies in such offices, the
Secretary of Justice may designate any municipal judge of any
municipality in the Province of Zambales to act as judge of the city
court of the City of Olongapo, with all the powers of a regular judge
of said court, but such acting judge shall not receive any additional
compensation during the time he is acting as such."
SECTION 10. Section eighty-three of the same Act is
hereby amended to read as follows:
"Sec. 83. Clerks and employees of the City Court. —
There shall be a Clerk of Court who shall be assisted by such number of
deputies and other personnel as the exigencies of the service demand.
The Clerk of Court, his deputies and other employees of the City Court
shall be appointed by the City Mayor, in accordance with the Civil
Service Law, rules and regulations.
"The Clerk of Court shall have charge of all properties, records and
exhibits and such documents and papers of the Court. 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, wherein he shall record in a summary
manner the names of the parties and the various proceedings in civil
and criminal cases, the name of the defendant, the charge against him,
the names of the witnesses, the date of the arrest, the appearance of
the defendant, together with the fines and costs adjudged or collected
in accordance with the judgment. He shall be notary public ex officio,
and for purposes of this section, the Clerk of Court shall be head of
office with the rank and salary of an assistant chief of a city
department.
"The Clerk of the City Court shall, at the same time, be sheriff of the
City and shall as such have the same powers and duties conferred by
existing law to provincial sheriffs. The City Council may provide for
such number of clerks in the Office of the Clerk of Court as the needs
of the service may demand and their salaries shall conform to the rates
prescribed under existing laws."
SECTION 11. The same Act is further amended by
inserting Section twenty-five-A between sections twenty-five and
twenty-six thereof to read as follows:
"Sec. 25-A. The City Legal Officer. — There shall be
a city legal officer who shall be appointed by the City Mayor from
among members of the Bar in the City of Olongapo.
"The City Legal Officer shall have the rank, salary and privileges of a
city department head and shall have the following powers and duties:
"(a) He shall personally or through any assistant
represent the City in all civil cases wherein the City or any officer
thereof, in his official capacity is a party, and shall prosecute and
defend civil actions related to or connected with any city officer or
interest: Provided, however, That the City Fiscal or any of his
assistants shall assist him in such cases when requested by the City
Mayor.
"(b) He shall, when directed by the Mayor, institute
and prosecute in the City's interest, a suit on any bond, lease, or
other contract and upon any breach or violation thereof.
"(c) He shall give his opinion in writing when
requested by the Mayor or the City Council or any heads of the city
departments through the City Mayor upon any question relating to the
City.
"(d) He shall, when requested, attend meetings of the
Council, draw up ordinances, contracts, bonds, leases, and other
instruments involving any interest of the City, and inspect and pass
upon such instruments already drawn.
"(e) He shall attend to other cases and he may be
appointed as counsel de officio by any court.
"( f ) He shall, whenever it is brought to his
knowledge that any city officer or employee is guilty of neglect or
misconduct in office, or that any person, firm or corporation holding
or exercising any franchise or public privilege from the City has
failed to comply with any condition, or to pay any consideration
mentioned in the grant of such franchise or privilege, investigate or
cause to be investigated the same and report to the Mayor.
"(g) He shall have the power to administer oaths and
to act as notary public ex officio.
"(h) He shall have such other powers and perform such
other duties as may be assigned to him by the City Mayor or as provided
by law or ordinance."
SECTION 12. The same Act is further amended by
inserting Section one hundred fourteen-A between sections one hundred
fourteen and one hundred fifteen thereof to read as follows:
"Sec. 114-A. Repealing Clause. — All laws, executive
orders and proclamations or parts thereof inconsistent with any of the
provisions of this Act are hereby repealed or modified accordingly."
SECTION 13. This Act shall take effect upon its
approval.
Enacted without Executive
approval, June 21, 1969.
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