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REPUBLIC ACT NO. 6134 - AN
ACT CREATING THE CITY OF SURIGAO
PRELIMINARY
ARTICLE SECTION 1. Title of Act. — This Act shall be known as the Charter of the City of Surigao. ARTICLE I Sec. 2. Corporate Character of the City. — The City of Surigao constitutes a political body corporate and is endowed with the attributes of perpetual succession and possessed of the powers which pertain to a municipal corporation, to be exercised in conformity with the provisions of this Charter. Sec. 3. Territory of the City of Surigao. — The City of Surigao, which is hereby created, shall comprise the present territorial jurisdiction of the Municipality of Surigao in the Province of Surigao del Norte excluding the barrios of Punta, Bilar, Ipil, Mabua and Danao and their respective sitios, or a changed hereafter according to law. Sec. 4. Seal and General Powers of the City. — The city shall have a common seal, which it may alter at will.t may take, purchase, receive, hold, lease, convey, and dispose of real and personal property within and without its corporate limits for the general interest 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, all actions where its interests are involved, and exercise all the powers implied thereby or appropriate to the exercise thereof. The provisions of this Charter shall be liberally construed 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. 5. 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 City Board, the Mayor or any other city officer or employee, jointly or individually, to enforce the provisions of this Charter or any other law or ordinance, or from the negligence of said City Board, Mayor or other city officers or employees while enforcing or attempting to enforce said provisions. Sec. 6. Jurisdiction of the City for Police
Purposes. — The jurisdiction of the City of Surigao for police purposes
shall be co-extensive with its territorial jurisdiction, and shall
extend three miles from the shore of the city; but for the purpose of
protecting and insuring the purity of the water supply of the city,
police jurisdiction shall also extend over all territory within the
drainage area of such water supply or within one hundred meters of any
reservoir, conduit, canal, aqueduct, or pumping station used in
connection with city service. Sec. 7. Districts; Administrative Councilor
Districts. — The barrios and districts in the Municipality of Surigao
organized and functioning as barrios in accordance with Republic Act
Numbered Thirty-five hundred ninety and comprising the Municipality of
Surigao shall, upon the effective date of this Charter, be called
districts as political subdivisions of the City of Surigao and continue
to retain their corporate power and corresponding names or numerical
designations as such until changed or abolished by law or ordinance. Sec. 8. Duties, Responsibilities and Powers Over District Government. — The city government or its departments, agencies, or the officers thereof, as the case may be, shall exercise the duties and assume the responsibilities and powers over the district governments within the jurisdiction of the city as are by law conferred upon municipal and provincial governments, their departments, their agencies or their officers as the case may be, over barrio governments; including the creation of new ones. Sec. 9. Elective Officers; Elections. — The
elective officers of the city shall be the Mayor, the Vice-Mayor, and
eight 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, unless sooner removed for cause as provided
for by law. Sec. 20. Debt Limits. — Any other law to the
contrary notwithstanding, the city may incur indebtedness or other
obligation to the payment of which the faith and credit of the city is
pledged at an amount not exceeding twenty per centum of the total
assessed value of the taxable real estate of the city. ARTICLE II Sec. 21. Nature of Office. — 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 may be provided for by law. The City Board may, in its discretion, provide quarters for the Mayor or commute the privilege of using the same in addition to his salary provided that quarter allowance when commuted shall not exceed twenty-four hundred pesos per annum. He shall be entitled to other non-commutable allowances not to exceed five thousand pesos per annum. Sec. 22. General Powers and Duties of the Mayor. —
The Mayor shall have the following general powers and duties: Sec. 23. The Vice-Mayor. — The Vice-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 period
of the unexpired term of the latter.f, for any reason, the Mayor is
temporarily incapacitated to perform the duties of his office because
of absence on leave, sickness, or any temporary incapacity, the
Vice-Mayor shall perform the duties and exercise the powers that may be
delegated to him in writing by the Mayor, during the period of the
Mayor's temporary incapacity or absence. The Vice-Mayor shall be the
presiding officer of the City Board.f the Vice-Mayor is temporarily
incapacitated for the performance of his official duties, the councilor
who received the highest number of votes in the last elections shall
serve as Acting Vice-Mayor.n the event of the inability of the elected
Mayor to assume office, and the Vice-Mayor is, for any reason,
temporarily incapacitated for the performance of the duties of the
Mayor, or the office of the Vice-Mayor is vacant, the councilor who
received the highest number of votes in the last elections shall serve
as Acting Mayor and while so serving shall not perform any duty as a
member of the Board but shall continue to hold the office of
Councilor.n such event the remaining members of the Board shall elect
from among themselves the presiding officer. For service as Acting
Mayor or Acting Vice-Mayor, the Vice-Mayor or Councilor shall receive a
total compensation equivalent to the salary and other emoluments of the
Mayor or Vice-Mayor, as the case may be during such period. Sec. 24. Secretary to the Mayor or the City
Secretary. — The Mayor, any provision of law to the contrary
notwithstanding, 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 regulations signed by the Mayor and all other official
documents and papers of the government of the city as may be required
by custom, in the discretion of the Mayor; shall attest all executive
orders, promulgations, ordinances and resolutions signed by the Mayor
and shall perform such other duties as the Mayor may require of him;
shall, on demand, furnish certified copies of all city records and
documents in his charged which are not of a confidential character and
collect and receive such fees as may be prescribed by resolution of the
City Board, and pay over such fees collected by him 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 shall be considered the head of a
department. The position of secretary shall be regarded as within the
unclassified civil service but may be filled in the manner in which
classified positions are filled, and, if so filled, the appointee shall
be entitled to all the benefits and privileges of classified employees,
except 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. 25. Constitution and Organization of the City Board; Filling Vacancies. — The City Board shall be composed of the Vice-Mayor, who shall be its presiding officer, and the eight elected councilors. The presiding officer of the Board shall have the right to vote only in case of a tie. He shall sign all ordinances, resolutions and motions directing the payment of money or creating liability enacted or adopted by the City Board. Should any member of the City Board be a candidate for office in any election, he shall be disqualified to act with the Board in the discharge of the duties conferred upon it relative to election matters, and in such case the other members of the Board shall discharge said duties without his assistance or they may choose a disinterested elector of the city to act with the Board in such matters in his stead. Should a member-elect die before assumption of office or such member-elect fail to qualify for any reason, the President may, at his discretion, either call a special election or fill the office by appointment. Permanent vacancies occurring after assumption of office shall be filled by appointment by the President of a suitable person belonging to the political party of the officer whom he is to replace. Sec. 26. Appointment and Duties of the Secretary
of the Board. — The Board shall have a secretary who shall be appointed
by the Mayor with the consent of the City Board and who shall serve at
the pleasure of the appointing power. Sec. 27. Legislative Procedure and Publication of
Ordinances. — The first meeting of the newly elected City Board shall
be held at nine o'clock in the morning of the first business day of
January following its election, after which the Board shall meet
regularly in session at such times and on such days as may be
prescribed by resolution but not less frequently than once for three
days every first and third week of every month, and such extraordinary
sessions as may be called at the instance of the Mayor or at the
request of any three members of the Board and upon at least twelve
hours notice to each member.t shall keep a record of its proceedings
and determine its own order of business and rules of procedure not
herein set forth.t shall have the power to punish any member for
disorderly conduct with the concurrence of least two-thirds vote of all
its members; may suspend for not more than sixty days any member and by
the same vote, but subject to the approval of the President, may expel
a member. Five members of the Board shall constitute a quorum for the
transaction of business but a smaller number may adjourn from day to
day and the Vice-Mayor may compel the immediate attendance of any
member absent without good cause by issuing to the police of the city
an order for his arrest and production at the session under such
penalties as shall have been previously prescribed by ordinance. Five
affirmative votes shall be necessary for the passage of any ordinance
creating liability. All other acts of the City Board, unless provided
for in its rules, shall prevail upon the majority vote of the members
present at any meeting duly called and held. Except in cases where the
vote is unanimous, the ayes and nays shall be taken and recorded upon
the passage of any ordinance and upon the request of any member, upon
any other resolution or motion. Except as may be otherwise expressly
provided in this Charter, all legislations, including but not limited
to all acts establishing a fine or other penalty or providing for the
expenditure of public funds or for the contracting of indebtedness or
liability, shall be by ordinance. Sec. 28. Procedures as to Ordinance Following
Passage; Mayor's Veto. — Each ordinance and each resolution approved or
adopted by the Board after having been signed by the Secretary and
presiding officer of the City Board shall be forwarded to the Mayor for
his approval. Within ten days after the receipt of the same,
non-working days excepted, the Mayor shall return it to the Board with
his approval or veto.f he does not return it within that time, it shall
be deemed to be approved.f he returns it with his veto, his reason
therefore in writing shall accompany it.t may then be again enacted by
the affirmative votes of six members of the City Board, and again
forwarded to the Mayor for his approval and if within ten days after
its receipt, non-working days excepted, he does not return it with his
veto, it shall be deemed to be approved.f within said time he again
returns it with his veto, it may again be reenacted by the affirmative
votes of six members of the City Board and in such a case the ordinance
is deemed approved. Sec. 29. Legislative Powers. — Any provision of
law and executive order to the contrary notwithstanding, the City Board
shall have the following powers: Sec. 30. Power Over Subdivisions. — The City Board
shall have power by ordinance to require that no plat or plan of
subdivision of a residential estate within its jurisdiction shall be
presented for approval or verification to the Bureau of Lands and/or
the Land Registration Commission until the same shall have been
approved by the City Engineer under such regulations as may be provided
by ordinance. Such regulations may provide for the proper arrangements,
design, and width of streets in relation to other existing or planned
streets; for adequate and convenient open spaces for traffic, public
services, access of fire-fighting apparatus, recreation, light, and
air, and for the avoidance of congestion of population including
minimum width and area of lots in the several districts or sections of
the city. Such regulations may also include provisions as to the extend
to, and methods by, which streets and other ways may be graded, or
drained, and improved and water and sewers and other public service
mains, piping or other facilities installed. Such regulations shall
provide for approval of the plat or plan within thirty days after the
submission to the City Engineer. ARTICLE IV Sec. 31. City Departments. — There shall be a Finance Department, Police Department, Fire Department, Engineering Department, Law Department, Health Department, and an Assessment Department. The Mayor shall have general supervision and control over all these city departments except the Law Department which shall be under the Department of Justice. Upon the recommendation of the Mayor, the City Board may, from time to time, by ordinance, assign additional functions or duties to, and make such readjustment in the duties of the several departments and offices of the city as the public interest may demand, and shall have the power to create or consolidate any department, division or office or delegate these powers to the Mayor by ordinance. Any existing law to the contrary notwithstanding and by ordinance approved by the City Board, two or more departments over which the Mayor has control and supervision may be headed by the same individual. Sec. 32. Powers and Duties of Heads of
Departments. — Each head of department of the city government shall be
in control of such department and shall possess such powers 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. At
least three months before the beginning of each fiscal year, he shall
prepare, and present to the Mayor for submission to the Board an
estimate of the appropriation 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 as often as
required reports covering the operation of his department. Sec. 33. Appointment and Removal of Officials and
Employees. — Unless there is an existing or subsequent law or laws to
the contrary, the President of the Philippines shall appoint, with the
consent of the Commission on Appointments, the Judges of the City
Court, the City Treasurer, the City Engineer, the City Fiscal and his
assistants, and the City Health Officer. The City Auditor shall be
appointed by the Auditor General. These officers can only be removed
for just cause. ARTICLE V Sec. 34. The City Treasurer, His Powers and Duties. — There shall be a City Treasurer who shall have charge of the Finance Department and shall act as chief fiscal officer and financial adviser of the city and custodian of its funds. He shall have the following general powers and duties: (a) He shall collect all taxes due the city, all license fees authorized by law or ordinance, all rents due for lands, markets, and other property owned by the city, all further charges of whatever nature fixed by law or ordinance, and shall receive and issue 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. (b) He shall collect all miscellaneous charges made by the Engineering Department and by other departments of the city government, and all charges made by the city engineer for inspections, licenses, and the installation, maintenance, and services rendered in the operation of the private privy system. (c) 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. (d) He shall purchase and issue all supplies, equipment or other property required by the city as may be authorized, subject to the general provisions of law relating thereto. (e) 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. (f) He shall deposit daily all municipal funds and collections in any bank duly designated as Government depository. (g) He shall disburse the funds of the city in accordance with duly authorized appropriations, upon properly executed vouchers bearing the approval of the chief of the department concerned, and on or before the twentieth day of each month he shall furnish the Mayor and the City Board for their administrative information a statement of the appropriation, expenditures and balances of all funds and accounts as of the last day of the month preceding. ARTICLE VI (a) 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 governance of the city police and detective force. (b) He shall quell riots, disorders, disturbances of the peace, and shall arrest and prosecute violators of any law or ordinance; shall exercise police supervision over all land and water within the police jurisdiction of the city; shall be charged with the protection of the rights of person and property wherever found within the jurisdiction of the city, and shall arrest, without warrant when necessary, to prevent the escape of the offender, violators of any law or ordinance, and all who obstruct or interfere with him in the discharge of his duty; shall exercise supervision, administration and control over the city jail and city prisoners; and shall be responsible for the safekeeping of all prisoners in the city jail until they shall be released from custody, in accordance with law or delivered to the warden of the proper prison or penitentiary upon order from the court of competent jurisdiction. (c) 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 this power 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. (d) He shall have authority, within the police jurisdiction of the city, to serve and execute criminal processes of any court; shall be deputy sheriff of the city; and as such he shall, personally or by representative, attend the sessions of the City Court, and shall execute promptly and faithfully all orders of the Mayor, including assignments and transfer of personnel, and all writs and processes of the City Court. (e) 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 and in general, victims of violence, sex crimes, accidents, self-inflicted injuries, intoxication, drug addiction, state of malingering and mental disorders which occur within the jurisdiction of the city and the examination of evidences and tell-tale marks of crimes. For that purpose he may cause autopsies to be made and shall be entitled to demand and receive for the purpose of such investigations and/or autopsies the aid of the health authorities. (f) He shall have such other powers and perform such other duties as may be prescribed by law or ordinance. (g) He shall have such assistants and additional personnel as may be prescribed by law or ordinance. Sec. 36. Deputy Chief of Police. — There shall be a Deputy Chief of Police whose duties shall be to act as the Chief of Police in the absence or inability of the Chief of Police, and under the direction of such chief, 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. Sec. 37. The Secret Service; Traffic Division. — There shall be a secret service and a traffic division of the Police Department. The secret service division shall have charge of the detective work of the Police Department and of the detective force of the city, and shall perform such other duties as may be assigned to it by the Chief of Police or prescribed by law or ordinance. The traffic division shall have charge of the enforcement of traffic laws, regulations and ordinances. These divisions shall each be headed by police officers under the Chief of Police as the approved table of organization of Police Department may provide. Sec. 38. Peace Officers — Their Powers and Duties.
— The Mayor, the Chief of Police, and all officers and members of the
city police force shall be peace officers. Such officers are authorized
to serve and execute all processes of the City Court and criminal
processes of all other courts to whomsoever directed, within the police
jurisdictional limits of the city, and within the same territory, to
pursue and arrest, 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 the offense is committed in the presence of a peace officer or
within his view; and in such pursuit or arrest to enter any building,
ship, boat, or vessel or take into custody any person herein 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. They 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 swear in
special police, in such number as the occasion may demand. Such special
police shall have the same powers while on duty as members of the
regular force. ARTICLE VII Sec. 39. Chief of Fire Department — His Powers and Duties. — There shall be a Chief of Fire Department who shall have the following general powers and duties: (a) He shall have the management and control of all matters relating to the administration of said department, and the organization, governance, 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. (b) He shall have charge of the fire engine houses, fire engines, hose carts, hooks and ladders, trucks and all other fire fighting apparatus. (c) He shall have full police powers in the vicinity of fires and shall have authority to remove or demolish any building or other property whenever it shall become necessary to prevent spreading of fire or to protect adjacent property. (d) He shall investigate and report to the Mayor on the origin and cause of all fires occurring within the city. (e) He shall inspect all buildings erected or under construction or repair and determine whether they provide sufficient protection against fire and whether they comply with the ordinance relating thereto. (f) He shall have charge of the city fire alarm service. (g) He shall supervise and regulate the stringing, grounding and installation of wires for all electrical connections with a view of avoiding conflagrations, interference with public traffic or safety, or the necessary operation of the fire department. (h) He shall supervise the manufacture, storage, and use of petroleum, gas, acetylene, gunpowder, and other highly combustible matters and explosives; and shall see that all ordinances relating to the subject or any of them are enforced. (i) He shall have such other powers and perform such other duties as may be prescribed by law or ordinance. ARTICLE VIII Sec. 40. The City Engineer — His Powers and Duties. — There shall be a City Engineer, who shall be in charge of the Engineering Department. The Highway District Engineer of the Engineering District nearest to or wherein the City of Surigao is situated may be designated as ex-officio City Engineer and in such a case he shall receive an additional compensation as may be fixed by the City Board in accordance with law. The City Engineer shall have the following powers and duties: (a) He shall have charge of all the surveying and engineering work of the city; and shall perform such service in connection with public improvements, or any work entered upon or projected by the city or any department thereof, as may require the skill and experience of a civil engineer. (b) He shall ascertain, record, and establish monuments of the city survey and from thence extend the survey of the city, and locate, establish, and survey all city property and also private property abutting on the same whenever directed by the Mayor. (c) He shall prepare and submit plans, maps, specifications and estimates for building, streets, bridges, docks and other public works, and supervise the construction and repair of the same. (d) 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 a poor or dangerous quality. (e) 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. (f) He shall have the care for all public streets, parks, and bridges, 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, the contents of closets, vaults, and cesspools, and all other offensive and dangerous substances within the city. (g) He shall have the care and custody of all public docks, wharves, piers, levees, and landing places of the city. (h) He shall prevent the encroachment of private buildings and fences on the streets and public places of the city. (i) He 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 to the Mayor for issuance of permits for the construction, repair and removal of the same, and enforce all ordinances in relation to the same. (j) He shall have the care and custody of the public system of waterworks and sewers, and all sources of water supply, and shall control, maintain, and regulate the use of the same in accordance with the ordinance relating thereto; shall inspect and regulate the use of all private systems for supplying water to the city and its inhabitants, and all private sewers and their connections with the public sewer system. (k) He shall supervise the laying of the mains and connections for the purpose of supplying gas to the inhabitants of the city. (l) He shall inspect and render the report on the conditions of public property and public works whenever required by the Mayor. (m) He shall supervise and regulate the location and use of engines, boilers, forges, and other manufacturing and heating appliances in accordance with law and ordinances relating thereto. He is authorized to charge, at rates to be fixed by the Board with the approval of the department head, for sanitation and transportation services and supplies furnished by his department. (n) He 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. (o) With the previous approval of the Mayor in each case, he shall order the removal of buildings and structures erected in violation of the ordinances; shall order the removal of the materials employed in the construction and repair of any building or structures dangerous to the public to be made secure or torn down. (p) He shall file and preserve all maps, plans, notes, surveys, and other papers and documents pertaining to his office. Sec. 41. Authority to Execute Public Works Projects and Improvements. — The City of Surigao shall have the authority to undertake and carry out any public works project and improvement, financed by city funds or any other funds borrowed from or advanced by private third parties, under the supervision of the City Engineer, without the intervention of the Department of Public Works and Communications. The approval of plans and specifications thereof by the City Mayor and the City Engineer with the favorable recommendation of the City Board shall constitute sufficient warrant for the undertaking and executions of said projects.t may, however, consult if it so desires, the Department of Public Works and Communications in connection with the preparation of plans and specifications for public works projects. The city shall likewise have the authority to execute city public works projects either by administration or by contracts under the usual bidding procedure of the government: provided, that in case where expenditure of public funds is not involved, public bidding may be dispensed with. Sec. 42. Assistants and Employees. — To assist the
City Engineer in the discharge of his duties, there shall be such
assistant engineers, superintendents, and other employees as are from
time to time provided for in appropriation ordinance. ARTICLE IX Sec. 43. The City Fiscal — His Powers and Duties. — The City Fiscal shall be the chief legal adviser of the city. He shall have the following powers and duties: (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. (b) He shall, when requested, attend the meetings of the City Board, draw ordinances, contracts, bonds, leases, and other instruments involving any interest of the city and inspect and pass upon any such instrument already drawn. (c) He shall give his opinion in writing, when requested by the Mayor or the Board or any of the heads of the city departments, upon any question relating to the city or the rights or duties of any city officer. (d) He shall, whenever it is brought to his knowledge that any city officer or employee is guilty of neglect or misconduct in office or that any person, firm, or corporation holding or exercising any franchise or public privilege from the city, has failed to comply with any condition, or to pay any consideration mentioned in the grant of such franchise or privilege, investigate or cause to be investigated the same and report his findings and recommendations to the Mayor. (e) He shall, when directed by the Mayor, institute and prosecute in the city's interest a suit on any bond, lease, or other contract, and upon any breach or violation thereof; and shall prosecute and defend all civil actions related or connected with, any city office or interest. (f) He shall investigate all charges of crimes, misdemeanors, and violation of laws and city ordinances and complaints against the person accused. He or any of his assistants may conduct such investigation by taking oral evidence of witnesses and for this purpose may, by subpoena or subpoena duces tecum summon witnesses to appear and testify under oath before him or to produce documents and other evidence before him, and attendance of, or the production of documents and other evidence of an absent or recalcitrant witness may be enforced by application to the City Court or the Court of First Instance. No witness summoned to testify under this section shall be under obligation to give testimony tending to incriminate himself. (g) He shall have charge of the prosecution of all crimes, misdemeanors and violations of laws and city ordinances triable in the City Court and shall discharge all the duties in respect to criminal prosecution enjoined by law upon provincial fiscals. (h) 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 and in general, victims of violence, sex crimes, accidents, self-inflicted injuries, intoxication, drug addiction, state of malingering and mental disorders which occur within the jurisdiction of the city and the examination of evidences and tell-tale marks of crimes. 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 the purpose of such investigations and/or autopsies the aid of the health authorities. In case the City Fiscal 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, which shall thereupon, furnish the assistance required in accordance with its power and facilities. (i) He shall at all times render such professional services as the Mayor or Board may require, and shall have such powers and perform such duties as may be prescribed by law or ordinance. Sec. 44. Assistants and Employees. — To assist the
City Fiscal in the performance of his duties, he shall have such
assistants and clerks as may be provided for by the City Board. ARTICLE X Sec. 45. The City Health Officer — His Powers and Duties. — There shall be a City Health Officer who shall have charge of the Health Department. The Municipal Health Officer of the Surigao Rural Health Unit may be designated as ex-officio City Health Officer and in such a case he shall receive additional compensation as the Board may appropriate in accordance with law. The City Health Officer shall have the following general powers and duties: (a) He shall have general supervision and control over the health and sanitary conditions of the city, including the cleaning of crematories, cemeteries and markets. (b) He shall execute and enforce all laws, ordinances and regulations relating to public health. (c) He shall cause to be prosecuted all violations of sanitary laws, ordinances, or regulations. (d) He 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 inspectors and may be authorized by law or ordinance. (e) He shall keep a civil registry for the city and record therein all births, marriages and deaths with their respective dates. (f) He shall perform such other duties not repugnant to law or ordinance 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 interpreted as to curtail the powers and duties conferred existing law on the Director of Health Services over the City of Surigao as part of the Philippines, and that the Director of Health Services shall have technical control over the health work of the city. ARTICLE XI Sec. 46. The City Assessor — His Powers and Duties. — There shall be a City Assessor who shall have charge of the Assessment Department. He and his authorized deputies who are empowered to administer any oath authorized to be administered in connection with the valuation of real estate for the assessment and collection of taxes, shall appraise and value at their fair market value all the real estate in the city, and assess for taxation all such real estate in the city and the names of the owners shall be arranged in the order of the lot and block numbers, with a brief description of the property opposite each such name and the cash value thereof.n making the list, the City Assessor shall take into consideration and 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 representative may enter upon the real estate for the purpose of examining and measuring it, and may 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 in the Province of Surigao del Norte showing ownership of real estate in the city. The City Assessor shall have assistants and such other personnel to assist him with his duties as may be provided for from time to time by appropriation ordinances. Sec. 47. List of Taxable Real Estate, How Made; —
Examination of Witnesses and Register of Deeds Records. — The list of
the taxable real estate in the city and the names of the owners shall
be arranged in the order of the lot and block numbers, with a brief
description of the property opposite each such name and the cash value
thereof.n making the 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 representative may enter
upon the real estate for the purpose of examining and measuring it, and
may 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 in the Province of Surigao del Norte showing
ownership of real estate in the city. Sec. 48. Real Estate Exempt from Taxation. — The
following shall be exempt from taxation: Sec. 49. 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 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 to the City Assessor within a period of sixty days, next succeeding such acquisition, construction or addition, a sworn declaration setting forth the value of the real estate acquired or the improvement constructed or addition made by him and 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. 50. Action When Owner Makes No Returns, or is Unknown, or Ownership is in Dispute or in Doubt or When Land 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 in unable to discover the owner of any real estate, he shall, upon discovery of such failure to declare, nevertheless, list the same for taxation, and charge the tax plus a compromise pay for late filing of return equivalent to twenty-five per centum of the annual tax exclusive of penalties provided in Section fifty-one hereof, against the true owner, if known, and if unknown, then as against the possessor 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. 51. 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 for all other years since the original assessment under the city charter was made, 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. However, if the failure to assess was solely due to any fault or negligence of the City Assessor, penalty shall likewise be added if said taxes are not paid before the operation of the next tax collection period next ensuing or if the property had originally become delinquent after assessment in the usual course. Sec. 52. When Assessment May Be Increased or Reduced. — The City Assessor shall, during the first fifteen days of December of each year, add to his list of taxable real estate in the city the value of the improvements placed upon each property during the preceding year, and any property which is taxable and which has therefore escaped taxation. He may during the same period revise and correct the assessed value of any or all parcels of real estate in the city which are not assessed at their true money value, by reducing or increasing the existing assessment, as the case may be. Sec. 53. Publication of Complete List and Proceedings Thereon. — The City Assessor shall, when the list shall be completed, inform the public by notice published once a week for two consecutive weeks in a newspaper of general circulation in the city, if any, and by notice posted for fourteen 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, which shall not be later than the tenth day of February and for five days thereafter, the City Assessor shall be present in his office to hear all complaints as to the accuracy of listing of the property and the assessed value thereof, filed within the specified period by persons against whom taxes have been assessed as owners of real estate, and he shall make his decision forthwith and enter the same in well-bound books, to be kept by him for that purpose, and if he believes that injustice had been done or errors have been committed he is authorized to amend the list in accordance with his findings.t shall be his duty to carefully preserve and record in his office copies of said notices. Sec. 54. 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 in
completed, by signing the following at the foot thereof: Sec. 55. Time and Manner of Appealing to Board of Assessment Appeals. — In case the City Board or 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, the City Board or such owner or agent may, within thirty days after the taxpayer received notice of such decision, appeal to the Board of Assessment Appeals. The appeal shall be perfected by filing a written notice of the same with the City Assessor and it shall be the duty of that office 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. 56. Constitution and Compensation of Member of the Board of Assessment Appeals. — There shall be a Board of Assessment Appeals which shall be composed of the Mayor, to act as Chairman, and four members, two of whom shall be owners of real estate in the city, to be chosen by the City Board without or with compensation as the City Board may fix and they shall serve at the pleasure of the City Board. The Mayor shall have the power to designate any city official or employee to serve as the Secretary of the Board of Assessment Appeals without additional compensation. Sec. 57. Oath to be Taken by Members of the Board
of Assessment Appeals. — Before organizing as such, the members of the
Board Assessment Appeals shall take of the following oath before the
City Judge or any other officer authorized to administer oaths: Sec. 58. Proceedings Before the Board of Assessment Appeals. — The Board of Assessment Appeals shall meet on the third Monday in January of each year, shall hear all appeals transmitted to it, shall decide the same forthwith and shall complete its work and adjourn on or before the thirty-first day of March of each year unless its session for any given year are extended to a later date by the City Board.t shall have authority to cause to be amended the listing and valuation of the property in respect to which appeals have been perfected by order signed by the Board or majority thereof, and transmit in the City Assessor who shall amend the tax list in conformity with said order.t shall also have power to revise and correct with the approval of the Department Head first had, any and all erroneous or unjust assessment and valuations for taxation, and make a correct and just assessment and state the true valuation, in each case where it decides that the assessment previously made are erroneous or unjust. The list when so corrected shall be as lawful and valid for all purposes as though the assessment had been made within the time herein prescribed. Such reassessment and revaluation shall be made on due notice to the individual concerned and he 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 Secretary of Finance forthwith declares the decision reopened for review by him, in which case be may make such revision or revaluation as in his opinion the circumstances justify. Such decision, approved by the President of the Philippines, shall be final. Sec. 59. Taxes on Real Estate — Extension and
remission of the payment of tax. — A tax, the annual rate of which
shall not exceed two per centum on the assessed value of all real
estate in the city subject to taxation as hereinabove provided may be
levied by the City Board. The tax for one year shall be due and payable
on the first day of January, and from the date of such taxes together
with all penalties accruing thereto shall constitute a lien on the
property subject to such taxation. Such lien shall be superior to all
other liens, mortgages or encumbrances of any kind whatsoever; and
shall be enforceable against the property whether in the possession of
the delinquent or any subsequent owner, and can only be removed by the
payment of tax and penalty. Sec. 60. Seizure of Delinquent's Personal Property to Satisfy Tax, Penalty and Costs. — After a property shall have become delinquent in the payment of 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 fully 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 in question not exempt from seizure, and these proceedings may be carried out by the City Treasurer, his deputy or any other officer authorized to carry out legal proceedings. Sec. 61. Personal Property Exempt from Seizure and Sale for Delinquency. — Personal properties which are exempt by provisions of law from seizure, sale and execution for delinquency in the payment of real estate taxes shall likewise be exempted under this Charter. Sec. 62. 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 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. 63. Sale of Seized Personal Property. —
Unless redeemed as hereinabove provided, the property seized through
proceedings under Section sixty hereof, shall after due advertisement,
be 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 sale shall acquire an
indefeasible title to the property sold. Sec. 64. 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. 65. Vesting Title to Real Estate in the 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. 66. Redemption of Real Estate Before Seizure. — At the 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 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. 67. 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 Surigao del Norte, in English or Pilipino language and in the dialect commonly used in the locality. Three copies of said notice shall 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 delinquency 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, forfeiture of the delinquent real estate to the city government shall become absolute. Sec. 68. 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 delinquency, and requesting him to eject from said property all the tenants or occupants thereon. 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 the end he may use the police force: provided, however, that if the property so seized is or includes a residential house, 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. 69. Redemption of Real Property Before Sale. — After the title to the property shall have become vested in the city government in the manner above provided and at any time prior to the sale or contract of sale by the City Treasurer to a 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 thereon 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 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 of 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, unless the total or the balance of the amount due on all seized property in the name of the taxpayer 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.n 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 effectivity of this Act. Sec. 70. 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, pursuant to the rules of procedure to be promulgated by the Department Head, 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 Pilipino language 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 of sale, the name of the taxpayer against whom the taxes are levied, and the approximate area, the lot number and district where the real estate to be sold is located. Sec. 71. Sale of Real Estate — Conditions. — At
the time of 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
entire sum due. 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.n case the purchaser fails to
relinquish possession of the property, the City Treasurer of his deputy
shall immediately takes steps to eject the tenants or occupants of the
property, in accordance with the procedure in section sixty-six and
sixty-seven of this Act. Sec. 72. 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, costs and interest at the rate of twelve per centum per annum on the purchase price, from the date of purchase to the date of redemption; 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, as provided for herein, and such property shall thereafter be free from the lien of such taxes and penalties. Sec. 73. 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 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. All balance remaining from the proceeds of the sale after deducting the amount of taxes and penalties due, and the costs, if any, shall be returned to the original owner or his representatives. Sec. 74. Taxes and Penalties which shall be Paid upon Redemption or Purchase. — 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 forfeiture of the real estate to the government. Sec. 75. Taxes — Legal Procedures. — (a) The
assessment of a tax shall constitute a lawful indebtedness of the
taxpayer to the city which may be enforced by an action in any court of
competent jurisdiction, and this remedy shall be in addition to all
remedies provided by law. Sec. 76. Power to Levy Special Assessment for
Certain Purposes. — The City Board may, by ordinance, provide for the
levying and collection by special assessment of the land comprised
within the district or section of the city specially benefited, or a
part thereof 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, piers, docks, levees, reservoirs, waterworks, water mains,
water courses, esteros, canals, drains and sewers, including the cost
of acquiring the necessary land and public improvement thereon, as
hereinafter provided. Sec. 77. Property Subject to Special Assessment. — All lands comprised within the district, or section benefited, except those owned by the Republic of the Philippines, the Province of Surigao del Norte and the City of Surigao, shall be subject to the payment of the special assessment. Sec. 78. Basis of Apportionment. — The amount of special assessment shall be apportioned and computed according to the assessed valuations of such lands as shown in the books of the City Treasurer.f 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. 79. Ordinance Levying Special Assessment. —
The ordinance 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, delimiting the same by metes and bounds, if
practicable, and by other 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 assessment need not be established,
but different rates for different parts or sections of the city
according as said property will derive greater or less benefit from the
proposed work, may be fixed. Sec. 80. Publication of Proposed Ordinance Levying
Special Assessment. — The proposed special assessment ordinances shall
be published, with a list of the owners of the land affected thereby,
once a week for two consecutive weeks in any newspaper published in the
city, one in English or Pilipino language and the local dialect and
shall also be posted in places where public notices are generally
posted in the city and in the district or section where the public
improvement is to be constructed. Sec. 81. Protest Against Special Assessment. — Not later than ten 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 half of the total assessed value of said land, may file with the City Board a protest against the enactment of the ordinance. The protest shall be duly signed by them and shall set forth the addresses of the signatories and the arguments in support of their objection or protest against the special assessment established in the ordinance.f no protest is filed within the time and under the conditions above specified, the ordinance shall considered approved as published. Sec. 82. Hearing of Protest. — The City Board 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 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 evidences presented by the landowners interested or their attorneys shall be appended to the proper records. After the hearing, the City Board 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. 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.f 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. 83. Proceeds from Special Assessments. — The proceeds of the special assessments and penalties thereon shall be exclusive to the purpose or purposes for which the assessments were levied.t shall be the duty of the City Treasurer to turn over to the National Treasury all collections made by him from special assessments and levies from national public works. Sec. 84. When Ordinance is to Take Effect. — The
ordinance levying special assessment shall take effect not later than
thirty days after its approval and same shall be effective in the
respects. ARTICLE XII Sec. 85. Annual Budget. — The City Board shall make all appropriations for the expenses of the government of the city. At least two months before the beginning of each fiscal year, the City Treasurer shall present to the Mayor a certified detailed statement by department of all receipts and expenditures of the city pertaining to the preceding fiscal year, and to the first nine months of the current fiscal year, together with an estimate of the receipts and expenditures for the remainder of the current fiscal year; and he shall submit with this statement a detailed estimate of the revenues and receipts of the city from all sources for the ensuing fiscal year. Upon receipt of this statement and estimate and the estimates of the department heads as acquired by Section thirty-two of this Charter, the Mayor shall formulate and submit to the City Board at least one month before the beginning of the ensuing fiscal year, a detailed budget covering the estimated necessary expenditures for the said ensuing fiscal year, which shall be the basis of the annual appropriations ordinance: provided, however, that in no case shall the aggregate amount of such appropriation exceed the estimate of revenues and receipts submitted by the City Treasurer as provided above. Sec. 86. Supplemental Budget. — Supplemental budget formulated in the same manner as the annual budget may be adopted at any time when special or unforeseen circumstances make such action necessary. Sec. 87. Failure to Enact an Appropriation
Ordinance. — Whenever the Board fails to enact an appropriation
ordinance for any fiscal year before the end of the current fiscal
year, the several sums appropriated in the last appropriation ordinance
for the objects and purposes therein specified, so far as they may be
done, shall be deemed to be reappropriated for the several objects and
purposes specified in said last appropriation ordinance, and shall go
into effect on the first day of the new fiscal year as the
appropriation ordinance for that year, until a new appropriation
ordinance is duly enacted. ARTICLE XIII Sec. 88. Regular, Auxiliary, and Acting Judges of the City Court. — There shall be a city court for the City of Surigao for which there shall be appointed and designated a City Judge and a City Auxiliary Judge. 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 or this Charter. The Auxiliary City Judge shall discharge the duties in case of absence, incapacity, or inability of the City Judge until the latter reassumes his post, or until a new Judge shall be appointed. During his incumbency the Auxiliary City Judge shall enjoy the powers, emoluments and privileges of the City Judge. In case of absence, incapacity or inability of both the City Judge and the Auxiliary City Judge, the Executive Judge of the Court of First Instance of the Province of Surigao del Norte shall designate the Municipal Judge of any of the adjoining municipalities to preside over the City Court, and he shall hold office temporarily until the regular incumbent or the auxiliary judge reassumes his post or any other shall have been appointed in accordance with the provisions of this Act. The Acting City Judge so designated shall receive his salary as provided for by existing laws. Sec. 89. Clerks and Employees of the City Court. —
The City Court shall have such clerks of court, stenographers and other
employees as may be necessary, to be appointed by the City Judge, and
their salaries shall be paid by the National Government. Sec. 90. Incidental Powers of the 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 order and judgment; to compel the attendance or witnesses; to punish contempts of court by fine or imprisonment, or both, within the limitations imposed by the Rules of Court; and to require of any person arrested a bond for good behavior, 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. 91. Procedure in the City Court in Prosecution for Violations of Law and Ordinances. — In a prosecution for the violation of any ordinance, the first process shall be summons; except that a warrant for the arrest of the offender may be issued in the first instance upon the affidavit of any person that such ordinance has been violated and that the person making the complaint has reasonable grounds to believe that the party charged is guilty thereof, which warrant shall conclude: "Against the ordinance of the city in such case made and provided." All proceedings and prosecutions for offenses against the laws of the Philippines shall conform with the rules relating to process, pleading, 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. 92. Costs, Fees, Fines, and Forfeitures in City Court. — There shall be taxed against, and collected from the defendant, in case of conviction, in the City Court, such costs and fees as may be prescribed by the City Board not exceeding the amount charged in municipal courts for criminal cases. 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 turn over the collections of the same to the City Treasurer, for the benefit of the city, on the next business day after the same are collected, and take receipts therefrom. The City Judge shall examine said docket each day compare the same with the amount receipted for the City Treasurer, and satisfy himself that all such costs, fees, fines, and forfeitures have been duly accounted for. Sec. 93. No Person Sentenced by the City Court can be Confined without Commitment. — No person shall be confined in prison by sentence of the City Court until the warden or officer in charge of prison shall receive a written commitment showing the offense for which the prisoner was tried, the date of the trial, the exact terms of judgment or sentence, and the date of the order of the commitment. The clerk shall, under seal of the Court, issue such a commitment in each case of sentence to imprisonment. Sec. 94. Procedure on Appeal from the City Court.
— An appeal from the decision of the City Court shall proceed in the
manner as provided for by existing law relating to appeals from
municipal courts. ARTICLE XIV Sec. 95. The General Auditing Office. — There shall be a City Auditor who shall have charge of the city auditing department. He shall receive and audit all accounts of the city in accordance with the provisions of law relating to Government accounts and accounting rules and regulations promulgated by the General Auditing Office. Sec. 96. The Bureau of Public Schools. — The
Director of Public Schools shall exercise the same jurisdiction and
powers in the city as elsewhere in the Philippines and the Division
Superintendent of Schools for the Province of Surigao del Norte shall
have all the powers and duties with respect to the schools in the city
as are vested in division superintendent with respect to the schools of
their division. ARTICLE XV Sec. 97. Restrictive Provisions. — No commercial sign, signboard, or billboard shall be erected or displayed on public land, premises, or buildings.f after due investigation and having given the owners an opportunity to be heard, the Mayor of the city decides that any sign, signboards, or billboard displayed or exposed to the public view is offensive to the sight or is otherwise, a nuisance, he may order the removal of such sign, signboard or billboard, and if same is not removed within ten days after he has issued such order, he may himself cause its removal, and the sign, signboard, or billboard shall thereupon be forfeited to the city, and the expenses incident to the removal of the same shall become a lawful charge against any person or property liable for the erection or display thereof. Sec. 98. Allotments of Internal Revenue and Other Taxes. — The present apportionments of internal revenue and other taxes accruing to the National Treasury under Chapter II, Title XII, of Commonwealth Act Numbered Four hundred sixty-six, as amended, shall remain the same, and the share accruing to the province shall be maintained. Sec. 99. 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.t 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 public utility shall be consummated unless the city has the
money in the treasury to pay for the acquisition or has made provisions
for paying for the property proposed to be acquired. Approved: August 31, 1970 |
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