REPUBLIC ACT NO. 1368 - AN
ACT TO AMEND CERTAIN SECTION OF COMMONWEALTH ACT NUMBERED FIFTY-ONE, AS
AMENDED, OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF DAVAO |
Section 1.
Section seven of Commonwealth Act Numbered Fifty-one, as amended, is
further amended to read as follows: "Sec. 7.
Election and compensation. – The Mayor shall be the chief executive of
the city. "The Mayor shall be elected by
the qualified voters of the city during every regular election for
provincial and municipal officials in accordance with the provisions of
the Revised Election Code: Provided, That the first election for Mayor
shall be held simultaneously with the regular elections for provincial
and municipal officials to be held following the approval of this Act.
Pending the said next regular elections, the incumbent Mayor of the
city at the time of the approval of this Act shall continue to hold
office and in case said office be vacant at the time this Act takes
effect, the President shall appoint a person to act as Mayor until his
successor shall have been elected and have qualified. "No person shall be elected Mayor
unless he has been a citizen of the Philippines for at least five
years, is at least twenty-five years of age at the time of his
election, a resident of the city for not less than one year immediately
prior to his election and a qualified voter therein.cralaw "The Mayor shall receive a salary of eight thousand four hundred pesos a year. With the approval of the proper Head of Department, he may receive, in addition to his salary, a non-commutable allowance of two thousand pesos per annum. He shall also be entitled, at the discretion of the City Council, to quarters allowance. Sec. 2. Section eight of the same Act is amended to read as follows: "Sec. 8. The
Vice-Mayor. – There shall be a vice-mayor who shall perform the duties
of the Mayor, in the event of the sickness, absence or other temporary
incapacity of the Mayor, or in the event of a definitive vacancy in the
position of Mayor, until said office shall be filled in accordance with
law. If, for any reason, the vice-mayor is temporarily incapacitated
for the performance of the duties of the office of the Mayor, or said
office of the vice-mayor is vacant, the duties of the Mayor shall be
performed by the city engineer. The acting mayor shall have the same
powers and duties as the Mayor. "The vice-mayor shall be the
presiding officer of the City Council and shall perform such other
duties as may be assigned to him by the Mayor or prescribed by law or
ordinance. He shall be elected in the same manner as the Mayor and
shall at the time of his election possess the same qualifications as
the Mayor. He shall receive a salary of five thousand four hundred
pesos a year. Sec. 3. Section ten of the same Act is amended to read as follows: "Section 10.
City Secretary. – There shall be a city secretary who shall be
appointed by the Mayor; and who shall receive a salary of four thousand
two hundred pesos per annum. He shall be considered as head of a city
department and as such he shall have the following duties: "(a) He shall act as secretary of the Board of Tax Appeals, and such other boards or committees as may hereafter be created by law or ordinance, and shall keep a journal of their proceedings. "(b) He shall
have charge of all records and documents of the city for which
provision is not otherwise made.cralaw "(c) He shall keep the corporate seal and affix the same with his signature to all official acts of the Mayor and to all other official documents and papers of the government of the city as may be required by custom, in the discretion of the Mayor. "(d) He shall
be the local civil registrar and shall keep a civil register for the
city and record therein all births, marriages, and deaths with their
respective dates.cralaw "(e) He shall perform such other duties as the Mayor may direct or as may be required of him by law or ordinance. "(f) He shall
attest all orders, proclamations, ordinances and resolutions signed by
the Mayor.cralaw "(g) He shall, on demand, furnish certified copies of all records and documents in his charge which are not of a confidential character and shall collect twenty centavos for each one hundred words including the certificate, and all receipts shall be paid into the city treasury. He shall likewise perform with respect to his office, the duties similar to those imposed on heads of departments of the city government by section thirty-three hereof. Sec. 4. The provisions of section twelve of the same Act are repealed, and, in lieu thereof, the following new provisions are inserted: "Section 12.
Constitution and organization of the City Council. – The City Council
shall be the legislative body of the city, and shall be composed of the
vice-mayor, as the presiding officer, and ten councilors, who shall be
elected at large by the voters of the city, in conformity with the
provisions of the Revised Election Code, and shall hold office for four
years unless sooner removed. The ten candidates receiving the greatest
number of votes shall be declared elected.cralaw "In case of sickness, absence, suspension or other temporary disability of any member of the council, or if for any reason it becomes necessary to maintain a quorum, the President of the Philippines may appoint a temporary substitute who shall possess all the rights and perform all the duties of a member of the Council until the return to duty of the regular incumbent. "If any member of the City
Council should be a candidate for office in any election, he shall be
incompetent to act with the City Council in the discharge of the duties
herein conferred upon it, and in such case the other members of the
Council shall discharge said duties without his assistance, or they may
choose some disinterested elector of the city to act on the Council in
such matters in his stead.cralaw "The members of the council shall each receive an annual compensation of three thousand six hundred pesos. Sec. 5. There are hereby inserted between sections twelve and thirteen of the same Act four sections, to be known as sections 12-A, 12-B, 12-C, and 12-D, which shall read as follows: "Section 12-A.
Qualification, election, suspension and removal of members of the
Council. – The members of the City Council shall be qualified electors
of the city, shall be residents thereof for at least one year, and be
not less than twenty-three years of age. The members-elect shall upon
qualifying assume office on the date fixed in the Revised Election Code
and hold office until their successors are elected and have qualified.cralaw "The members of the City Council may be suspended or removed from office under the same circumstances, in the same manner, and with the same effect, as elective provincial officers, and the provisions of law governing the suspension or removal of elective provincial officers are hereby made applicable to the suspension or removal of said members of the Council. "Section 12-B.
The Presiding Officer of the City Council. – The vice-mayor shall be
the presiding officer of the Council. In his absence, the Council shall
elect one of its members as temporary presiding officer. He shall sign
all ordinances, and all resolutions and motions directing the payment
of money or creating liability, enacted or adopted by the Council.cralaw "Section 12-C. Secretary of the City Council. – The City Council shall have a secretary who shall be elected by the Council to serve during the term of office of the members unless sooner removed. His compensation as secretary shall be fixed by the council at not exceeding three thousand six hundred pesos per annum. The secretary shall have the following duties: "(a) He shall act as secretary of the City Council and shall be in charge of the records thereof. "(b) He shall
keep a full record of the proceedings of the Council and shall file all
documents relative thereto.cralaw "(c) He shall record in a book kept for the purpose all ordinances and resolutions and motions directing the payment of money or creating liability enacted or adopted by the Council, with the dates of approval of the same, and of the publication of the ordinances.cralaw "(d) He shall keep a seal, circular in form with the inscription "City Council – City of Davao" and affix the same, with his signature, to all ordinances and official acts of the council, which he shall present for signature to the presiding officer of the Council. "(e) He shall
cause each ordinance passed by the Council to be published.cralaw "(f) He shall furnish on demand, certified copies of all records of public character in his charge, and collect and receive therefor such fees as may be prescribed by ordinance or resolution of the Council.cralaw "(g) He shall keep his office and all records therein which are not of a confidential character open to public inspection during the usual business hours. "Section 12-D.
Method of transacting business of the Council – Veto authentication and
publication of ordinances. – Unless the proper Head of Department
orders otherwise, the Council shall hold one regular session for the
transaction of business during each week on a day which it shall fix by
resolution, and such special sessions, not exceeding thirty during any
one year, as may be called by the Mayor. It shall sit with open doors,
unless otherwise ordered by an affirmative vote of six members. It
shall keep a record of its proceedings and determine its rules of
procedure not herein set forth. Six members of the council shall
constitute a quorum for the transaction of business. But a smaller
number may adjourn from day to day and 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. Six affirmative votes shall be necessary for the passage
of any ordinance, or of any resolution or motion directing the payment
of money or creating liability by any other measures shall prevail upon
the majority votes of the members present at any meeting duly called
and held. The ayes and nays shall be taken and recorded upon the
passage of all ordinances, upon all resolutions or motions directing
the payment of money or creating liability, and, at the request of any
member, upon any other resolution or motion. Each approved ordinance,
resolution or motion shall be sealed with the seal of the city, signed
by the presiding officer and the secretary of the Council and recorded
in a book for the purpose, and shall, on the day following its passage,
be posted by the secretary at the main entrance to the city hall, and
shall take effect and be in force on and after the tenth day following
its passage unless otherwise stated in said ordinance, resolution or
motion or vetoed by the Mayor as hereinafter provided. A vetoed
ordinance, if repassed, shall take effect ten days after the veto is
overridden by the required votes unless otherwise stated in the
ordinance or again disapproved by the Mayor within said time. "Each ordinance and each
resolution or motion directing the payment of money or creating
liability enacted or adopted by the Council shall be forwarded to the
Mayor for his approval. Within ten days after the receipt of the
ordinance, resolution or motion, the Mayor shall return it 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 be again enacted by
the affirmative votes of seven members of the Council, and again
forwarded to the Mayor for his approval, and if within ten days after
its receipt 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 shall be forwarded forthwith to the proper head of department
for his approval or disapproval, which shall be final. The Mayor shall
have the power to veto any particular item or items of an appropriation
ordinance, or of an ordinance, resolution or motion directing the
payment of money or creating liability, but the veto shall not affect
the item or items to which he does not object. The item or items
objected to shall not take effect except in the manner heretofore
provided in this section as to ordinances, resolutions, and motions
returned to the council with his veto, but should an item or items in
an appropriation ordinance be disapproved by the Mayor, the
corresponding item or items in the appropriation ordinance of the
previous year collecting agencies, mercantile agencies, shipping and
intelligence offices, private detective agencies, advertising agencies
shall be restored unless otherwise expressly directed in the
veto." Sec. 6. Sub-section (l) of section fourteen of the same Act is amended to read as follows: "(l) To
regulate and fix the amount of license fees for the following: hawkers,
peddlers, hucksters, not including hucksters or peddlers who sell only
native vegetables, fruits, or goods, personally carried by the
hucksters or peddlers, auctioneers, plumbers, barbers, embalmers,
colcies, massagists, tattooers, jugglers, acrobats, hotels, clubs,
restaurants, cafes, lodging houses, boarding houses, dealers in large
cattle, public billiard tables, laundries, cleaning and dyeing
establishments, public warehouses, dance halls, cabarets, circuses and
other similar parades, public vehicles, race tracks, horse races,
bowling alleys, shooting galleries, slot machines, merry-go-rounds,
pawnshops, dealers in second-hand merchandise, junk dealers, brewers,
distillers, rectifiers, money changers and brokers, jewelry dealers,
owners or proprietors of bodegas or warehouses, owners or dealers of
real estate for rent, public ferries, theaters, theatrical
performances, cinematographs, public exhibitions, circuses, and all
other performances and places of amusement, and the keeping,
preparation, and sale of meat, poultry, fish, game, butter, cheese,
lard, vegetables, bread, and other provisions." Sec. 7. Section sixteen of the same Act is amended to read as follows: "Section 16.
City departments – Municipal Court. – There shall be a department of
engineering and public works headed by the city engineer; a law
department headed by the city attorney; a finance department headed by
the city treasurer; a police department headed by the chief of police;
and a fire department headed by the chief of the fire department, and
such other departments as may from time to time be established by law
or ordinance approved by the proper Head of Department. Pending the
establishment of such departments, the existing officials who perform
functions for or in behalf of the municipal government of Davao shall
continue to perform their respective functions and receive their
present compensation. "The City Council may, by ordinance, approved by the proper Head of Department, make from time to time such readjustment of the duties of the several departments, as the public interest may demand, or alter, consolidate or abolish them.cralaw "There shall be a Municipal Court which shall have three branches, for which three judges shall be appointed, who shall be known, respectively, as judge of the first, second and third branch. Sec. 8. Section twenty of the same Act is amended to read as follows: "Sec. 20.
The Assistant City Attorneys. – The city attorney shall have two
assistants who shall each receive a compensation as follows: the first
assistant, three thousand six hundred pesos, and the second assistant,
three thousand pesos. Sec. 9. A new section is inserted between sections twenty-three and twenty-four of the same Act, to be known as section 23-A, which shall read as follows: "Sec. 23-A.
The Chief of the Fire Department. – There shall be a chief of the fire
department who shall have charge of said department, and who shall have
the following powers and duties: "(a) 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 force.cralaw "(b) He shall charge of the fire-engine houses, fire-engines, hose carts, hooks and ladders, trucks, and all other fire-fighting apparatus. "(c) He shall have police powers in the vicinity of fires.cralaw "(d) He 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. "(e) He shall
inspect all buildings erected or under construction or repair within
the city and determine whether they provide sufficient protection
against fire and comply with the ordinances relating thereto.cralaw "(f) He shall have charge of the city fire alarm service.cralaw "(g) He shall supervise the manufacture, storage and use of petroleum, gas, acetylene, gun powder, and other highly combustible matter and explosives.cralaw "(h) He shall have such other powers and perform such other duties as may be prescribed by law or ordinance. Section 10. Section thirty-four of the same Act, as amended, is further amended to read as follows: "Sec. 34.
Appointment and removal of officials and employees – Compensation. –
The President shall appoint, with the consent of the Commission on
Appointments, the judges and auxiliary judges of the Municipal Court,
the city engineer, the city treasurer, the city assessor, the city
attorney and his assistants, the chief of police, the chief of the fire
department and the other heads of the city departments as may be
created from time to time, and he may remove at pleasure any of the
said appointive officers, except the judges and auxiliary judges of the
Municipal Court, who may be removed only according to law. "Subject to the provisions of the Civil Service Law, the Mayor shall appoint all other officers and employees of the city whose appointment is not otherwise provided for by law. The Mayor may suspend and remove any appointive city officer or employee not appointed by the President, and may recommend to the President the suspension or removal of any city officer or employee appointed by him. Any suspension or removal by the Mayor shall be appealable to the proper Head of Department, whose determination on the matter shall be final. "The municipal judges and city
attorney shall each receive six thousand pesos per annum. The city
engineer and the city treasurer, whether acting or not as city
assessor, shall each receive six thousand pesos per annum. The chief of
police, the city superintendent of schools and the chief of the fire
department shall each receive a compensation of not more than five
thousand one hundred pesos per annum.cralaw "The compensation of other officers and employees of the city shall be determined by ordinance and approved by the proper Head of Department." Section 11. Sections thirty-six and thirty-eight of the same Act are amended to read as follows: "Sec. 36.
The General Auditing Office. – The Auditor General, shall, directly or
through an auditor for the City of Davao, who shall be appointed by
him, receive and audit all accounts of the city, in accordance with the
provisions of law relating to the Government accounts and accounting.
Said city auditor shall have the rank of a city department head and
shall receive a salary of not more than five thousand four hundred
pesos per annum, payable from the funds of the city." "Sec. 38.
The Bureau of Public Schools. – The Director of Public Schools shall
have the same jurisdiction and exercise the same powers in the city as
elsewhere in the Philippines, and the city superintendent of schools
shall have all the powers and duties in respect to the schools of the
city as are vested in division superintendents in respect to the
schools of their divisions.cralaw "A city school board of six members, two of whom shall be women, and who shall serve without salary, shall be selected and removed in the same manner, and shall have the same powers and duties, as local school boards in municipalities.cralaw "The City Council shall have the same powers in respect to the establishment of schools in the City of Davao as are conferred by law on municipal councils." Section 12. A new section is inserted between sections forty-seven and forty-eight of the same Act, to be known as section 47-A, which shall read as follows: "Sec. 47-A.
Right of city to vote in election of Governor and Members of the
Provincial Board of the Province of Davao. – The qualified voters of
the City of Davao shall be entitled to vote in the election of the
Provincial Governor and Members of the Provincial Board of the Province
of Davao." Section 13. The provisions of Commonwealth Acts Numbered Four hundred and nine and Four hundred and twenty-four to the contrary notwithstanding, there shall be a city attorney and a city engineer for the City of Davao.cralaw Section 14. This Act shall take effect upon its
approval.cralaw Approved: June 18, 1955 |