REPUBLIC ACT NO. 1621 - AN ACT
CREATING THE CITY OF SILAY |
Section 1. This
Act shall be known as the Charter of the City of Silay.cralaw ARTICLE I General Provisions Sec. 2. Territory of the City of Silay. – The City of Silay, which is hereby created, shall comprise the present territorial jurisdiction of the municipality of Silay in the Province of Negros Occidental.cralaw Sec. 3. Corporate character of the City. – The City of Silay shall constitute a political body corporate, endowed with the attribute 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.cralaw Sec. 4. Seal and general powers of the City. – The City shall have a common seal, and may alter the same at pleasure. It may take, purchase, receive, hold, lease, convey and dispose of real and personal property 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 wherein said city is a party, and exercise all the powers hereinafter conferred.cralaw Sec. 5. The City not liable for damages. – The
City shall not be liable or held liable for damages or injuries to
persons or property arising from the failure of the Municipal Board,
the Mayor, or any other officer or employee, to enforce the provisions
of this Charter, or any other law or ordinance, or from negligence of
said Municipal Board, Mayor or other city officers or employees while
enforcing or attempting to enforce the provisions thereof. ARTICLE II The Mayor Sec. 7. The Mayor. – The Mayor shall be elected at large by the qualified voters of the city. He shall be at least thirty years of age, a resident of the city at least five years prior to his election, and a qualified voter therein: Provided, That the first election for Mayor shall be held at the general election for provincial and municipal officials next following the approval of this Act. He shall hold office for four years, unless sooner removed for just cause and with due process of law.cralaw He shall receive a salary of not exceeding four thousand eight hundred pesos per annum. With the approval of the President of the Philippines the Mayor may be provided, in addition to his salary, a non-commutable allowance of not exceeding two thousand pesos per annum.cralaw Sec. 8. The Vice-Mayor. – There shall be a
vice-mayor who shall perform the duties of mayor in the event of the
sickness, absence or other temporary incapacity of the mayor, or in the
event of a definite vacancy in the position of mayor, until said office
is filled in accordance with law. The vice-mayor shall also preside
over the meetings of the Municipal Board, but he shall have no right to
vote except in case of tie. If, for any reason, the vice-mayor is
temporarily incapacitated for the performance of the duties of the
Mayor, or said office of the vice-mayor is vacant, the duties of the
Mayor shall be performed by the City Treasurer. The acting Mayor shall
have the same powers and duties as the Mayor.cralaw Sec. 9. General powers and duties of the Mayor. –
Unless otherwise provided by law, the Mayor shall have immediate
control over the executive and administrative functions of the
different departments of the city, subject to the authority and
supervision of the President. He shall have the following general
powers and duties: Section 10. Secretary to the Mayor. – The Mayor shall
appoint one secretary who shall hold office at the pleasure of the
Mayor and who shall receive a compensation, to be fixed by ordinance
approved by the President of the Philippines, at not exceeding one
thousand eight hundred pesos per annum.cralaw ARTICLE III The Municipal Board Section 11. Constitution and organization of the Municipal Board. – Compensation of members thereof . – The Municipal Board shall be the legislative body of the city and shall be composed of the vice-mayor, who shall be its presiding officer, and eight councilors who shall be elected at large by popular vote during every election for provincial and municipal officials in conformity with the provisions of the Revised Election Code. The said presiding officer shall vote only in case of tie. In case of sickness, absence, suspension or other temporary disability of any member of the Board, or if necessary to maintain a quorum, the President of the Philippines may appoint a temporary substitute belonging to the same political party, who shall possess all the rights and perform all the duties of a member of the Board until the return to duty of the regular incumbent.cralaw If any member of the Municipal Board should 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 some disinterested elector of the city to act with the Board in such matters in his stead.cralaw The members of the Municipal Board shall receive a per diem in such amount as may be fixed by ordinance but in no case to exceed fifteen pesos for each day of attendance of the sessions of the Board: Provided, however, that the presiding officer shall receive a compensation of ten pesos in addition to his per diem.cralaw Section 12. Qualifications, suspensions and removal
of members of the Board. – The members of the Municipal Board shall be
qualified electors of the city, residents therein for at least one
year, and not less than twenty-three years of age. Upon qualifying, the
members-elect shall assume office on the date fixed in the Revised
Election Code until their successors are elected and have qualified.cralaw Section 13. Appointment, salary and duties of
Secretary of Board. – The Board shall have a secretary who shall be
appointed by it to serve during the term of office of the members
thereof. The compensation of the secretary shall be fixed by ordinance,
approved by the President of the Philippines, at not exceeding one
thousand eight hundred pesos per annum. A vacancy in the office of the
secretary shall be filled temporarily for the unexpired term in like
manner. Section 14. Method of transacting business by the
Board. – Veto; authentication and publication of ordinances. – Unless
the President of the Philippines orders otherwise, the Board shall hold
one ordinary session for the transaction of business during each week
on a day which shall be fixed by resolution, and such extraordinary
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 five members. It shall keep a record of its
proceedings and determine its rule of procedure not herein set forth.
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 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 or ordinance. Five 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, but 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 Board, signed by the presiding officer and
the secretary of the Board and recorded in a book kept 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.cralaw Section 15. General powers and duties of the Board. –
Except as otherwise provided by the law, and subject to the conditions
and limitations thereof, the Municipal Board shall have the following
legislative powers: Section 16. Restrictive provisions. – No commercial
sign, signboard, or billboard shall be erected or displayed on public
lands, premises, or buildings. If after due investigation and having
given the owners an opportunity to be heard, the Mayor shall decide
that any sign, signboard, or billboard displayed or exposed in public
view is offensive to the sight or is otherwise a nuisance, he may order
the removal of such sign, signboard, or billboard, and if same is not
removed within ten days after he has issued such order, he may himself
cause its removal, and the sign, signboard or billboard shall thereupon
be forfeited to the city and the expenses incident to the removal of
the same shall become a lawful charge against any person or property
liable for the creation or display thereof.cralaw ARTICLE IV Departments and Offices of the City Section 17. City departments. – There shall be a finance department, an engineering department, a law department, a health department, a police and fire department and an assessment department. Unless otherwise provided by law, the Mayor shall have general supervisory control over all the city departments.cralaw The Municipal Board may from time to time make such readjustment of the duties of the several departments as the public interest may demand, and with the approval of the President, may consolidate any department, division or office of the city with any other department division or office.cralaw Section 18. 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 pay rolls and vouchers of his department covering the payment of
money before payment, except as herein otherwise expressly provided. At
least four months before the beginning of each fiscal year, he shall
prepare and present to the Mayor 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 may desire. He shall submit to the Mayor as
often as required reports covering the operation of his department.cralaw Section 19. Appointment, removal and salaries of
officials and employees. – The President of the Philippines shall
appoint, with the consent of the Commission on Appointments, the judge
and auxiliary judge of the municipal court, the city treasurer, the
city engineer, the city attorney, the city health officer, the chief of
police and fire department, and other heads of such city departments as
may be created. Said officers shall not be suspended or removed except
in the manner and for causes provided by law. Sec. 21. Statement of assets. – Before assuming
office, every official and regular employee of the city government
shall file in the office of the City Attorney a sworn statement of his
assets and property holdings.cralaw ARTICLE V Finance Department Sec. 22. The City Treasurer – His powers, duties and compensation. – There shall be a city treasurer, who shall have charge of the department of finance and shall act as chief fiscal officer and financial adviser of the city and custodian of its funds. He shall receive a salary not exceeding four thousand two hundred pesos per annum. He shall have the following general powers and duties: (a) He shall collect all taxes due the city, all licenses 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 municipal court.cralaw (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, permits, licenses, and the installations, maintenance and services rendered in the operation of the private privy system.cralaw (c) He shall collect, as deputy of the Collector of Internal Revenue, by himself or through deputies, all taxes and charges imposed by the Government of the Republic of the Philippines upon property or persons in the City of Silay depositing daily such collections in any depository bank of the Government.cralaw (d) Unless otherwise specifically provided by law or resolution he shall perform in and for the city duties imposed by law or resolution upon provincial treasurers generally, as well as the other duties imposed upon him by law.cralaw (e) He shall purchase and issue all supplies, equipment or other property required by the city, through the Purchasing Agent, or otherwise, as may be authorized, subject to the general provisions of law relating thereto.cralaw (f) 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.cralaw (g) He shall deposit daily all city funds and collection in any bank duly designated as Government depository.cralaw (h) He shall disburse the funds of the city in accordance with duly authorized appropriations, upon 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 Municipal Board for their information a statement of the appropriation, expenditures and balances of all funds and accounts as of the last day of the month preceding.cralaw ARTICLE VI Law Department Sec. 23. The City Attorney and Register of Deeds ex officio – His compensation, power and duties. – The City Attorney shall be the Chief legal adviser of the City. He shall receive a salary of not exceeding three thousand six hundred pesos per annum. He shall act as City Register of Deeds ex officio with an additional compensation of six hundred pesos per annum. He shall have the following powers and duties: (a) He shall represent the city in all civil cases wherein the city or any officer thereof, in his official capacity, is a party.cralaw (b) He shall, when directed by the Mayor, institute and prosecute in the city's interest all suits on any bond, lease, or other contract and upon any breach or violation thereof.cralaw (c) He shall, when requested, attend meetings of the 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.cralaw (d) 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 thereof.cralaw (e) He shall, whenever it is brought to his knowledge that any person, firm or corporation holding or exercising any franchise or public privilege from the city, has failed to comply with any condition, or to pay any consideration mentioned in the grant of such franchise or privilege, investigate or cause to be investigated the same and report to the Mayor.cralaw (f) He shall investigate all charges of crimes, misdemeanors and violations of laws and city ordinances and prepare the necessary informations or make the necessary complaints against the persons accused. He may conduct such investigations by taking oral evidence of reputed witnesses and for this purpose may, by subpoena or subpoena duces tecum, summon witnesses to appear and testify under oath before him, or to produce documents and other evidence before him, and the attendance of, or the production of documents and other evidence by an absent or recalcitrant witness may be enforced by application to the Municipal Court or the Court of First Instance.cralaw (g) He shall have charge of the prosecution of all crimes, misdemeanors and violations of laws and city ordinances triable in the Court of First Instance of Negros Occidental and the municipal court of the city, and shall discharge all the duties in respect to criminal prosecutions enjoined by law upon provincial fiscals.cralaw (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. 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 or autopsies thed of the health officer.cralaw (i) He shall at all times render such professional service as the Mayor or Board may require, and shall have such powers and perform such duties as may be prescribed by law or ordinance.cralaw (j) He shall perform the duties prescribed by law for register of deeds.cralaw ARTICLE VII Engineering Department Sec. 24. The City Engineer – His power and duties. – There shall be a city engineer, who shall be in charge of the Department of Engineering and Public Works. He shall receive a salary not exceeding four thousand two hundred pesos per annum. He 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 proposed by the city, or any department thereof, as may require the skill and experience of a civil engineer.cralaw (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 buildings, streets, bridges, docks, and other public works and supervise the construction and repair of the same.cralaw (d) He shall make such tests and inspections 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.cralaw (e) He shall have the care of all public buildings, 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 or public buildings.cralaw (f) He shall have the care of all public streets, parks and bridges, and shall maintain clean, sprinkle and regulate the use of the same of 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.cralaw (g) He shall have the care and custody of all public docks, wharves, piers, levees, and landing places owned by the city.cralaw (h) He shall prevent the encroachment of private buildings and fences on the streets and public places of the city.cralaw (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 issue permits for the construction, repair and removal of the same.cralaw (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.cralaw (k) He shall supervise the laying of mains and connections for the purpose of supplying gas to the inhabitants of the city.cralaw (l) He shall inspect and report upon the conditions of public property and public works whenever required by the Mayor.cralaw (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 ordinance relating thereto. He is authorized to charge fees, at rates to be fixed by the Board with the approval of the Department Head, for the sanitation and transportation services and supplies furnished by his department.cralaw (n) He shall inspect and supervise the construction, removal and safety of private buildings, and regulate and enforce the numbering of houses, in accordance with the ordinances of the city.cralaw (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 or repair of any building or structure made in violation of said ordinances; and shall cause buildings and structures dangerous to the public to be made secure or torn down.cralaw (p) He shall file and preserve all maps, plans, notes, surveys and other papers and documents pertaining to his office.cralaw Sec. 25. Execution of authorized public works and
improvement. – All repair or construction of any work or public
improvement, except parks, boulevards, streets or alleys, involving an
estimated cost of three thousand pesos or more shall be awarded by the
Mayor upon the recommendation of the city engineer to the lowest
responsible bidder after public advertisement by posting notices of the
call for bids in conspicuous places in the City Hall and other public
places, which shall not be less than ten, and by publication in the
Official Gazette, both for not less than ten days: Provided, however,
That the city engineer may, with the approval of the President of the
Philippines upon the recommendation of the Secretary of Public Works
and Communications, execute by administration any such public work
costing three thousand pesos or more.cralaw ARTICLE VIII Health Department Sec. 26. The City Health Officer – His salary, powers and duties. – There shall be a city health officer, who shall have charge of the health department. He shall receive a salary not exceeding four thousand two hundred pesos per annum. The city health officer shall have the following general powers and duties: (a) He shall have general supervision over the health and sanitary conditions of the city. (b) He shall execute and enforce all laws, ordinances and regulations relating to the public health.cralaw (c) He shall recommend to the municipal board the passage of such ordinances as he may deem necessary for the preservation of the public health.cralaw (d) He shall cause to be prosecuted all violation of sanitary laws or ordinances or regulations.cralaw (e) He shall make sanitary inspections and may beded therein by such members of the police force of the city or the national police as shall be designated as sanitary police by the chief of police or proper national police officer and such sanitary inspector as may be authorized by law.cralaw (f) He shall keep a civil register for the city and shall record therein all births, marriages and deaths with their respective dates.cralaw (g) 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 shall direct.cralaw ARTICLE IX Police and Fire Department Sec. 27. The Chief of police – His powers, duties and compensation. – There shall be a chief of police who shall have charge of the police and fire department. He shall receive a salary of not exceeding three thousand six hundred pesos per annum. He shall have the following general powers and duties: (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 government of the city police and detective force.cralaw (b) He shall quell riots, disorders, disturbances of the peace, and shall arrest and prosecute violations 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 whenever found within the jurisdiction of the city, and shall arrest 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 have charge of the city prison; shall be responsible for the safekeeping of all prisoners until they shall be released from custody, in accordance with law, or delivered to the warden of the proper prison or penitentiary.cralaw (c) He may take good and sufficient bail for the appearance before the judge of the municipal court of any person arrested for violation of any city ordinance.cralaw (d) He shall have authority within the police limits of the city, to serve and execute criminal processes of any court.cralaw (e) He shall be the deputy sheriff of the city, and as such he shall, personally or by representative, attend the sessions of the municipal court, and shall execute promptly and faithfully, all writs and processes of said court.cralaw (f) He shall have charge of the fire-engine houses, fire engines, hose trucks, hooks and ladders, and all other fire apparatus.cralaw (g) He shall have full police powers in the vicinity of fires.cralaw (h) 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.cralaw (i) He shall investigate and report to the Mayor upon the origin and cause of all fires occurring within the city.cralaw (j) 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 (k) He shall have charge of the city fire alarm service.cralaw (l) He shall supervise and regulate the stringing, grounding, and installation of wires for all electrical connections with a view to avoiding conflagrations, interference with public traffic or safety, or the necessary operation of the police and fire department.cralaw (m) He shall supervise the manufacture, storage and use of petroleum, gas, acetylene, gunpowder and other highly combustible matter and explosives.cralaw (n) He shall have such other powers and perform such other duties as may be prescribed by law or ordinance.cralaw Sec. 28. Chief of the detective service. – There
shall be a chief of the detective service who shall, under the chief of
police, have charge of the detective work of the department and of the
detective force of the city, and shall perform such other duties as may
be assigned to him by the Chief of police or prescribed by law or
ordinance.cralaw Sec. 29. Peace Officers. – Their powers and
duties. – The Mayor, the chief of police, the chief of the detective
service, and all officers and members of the city police and detective
force shall be peace officers. Such peace officers are authorized to
serve and execute all processes of the municipal court and criminal
processes of all other court to whomsoever directed within the
jurisdictional limits of the city or within the police limits as
hereinabove defined, within the same territory, to pursue and arrest,
without warrant, any person found in suspicious places or under
suspicious circumstances reasonably tending to show that such person
has committed, or is about to commit, any crime or breach of peace; to
arrest or cause to be arrested, without warrant, any offender when the
offense is committed in the presence of a peace officer, any building,
ship, boat or vessel or take into custody any person therein suspected
of being concerned in such crime or breach of the peace, and any
property suspected of having been stolen, and to exercise such other
powers and perform such other duties as may be prescribed by law or
ordinance. They shall detain and arrest a 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 may call upon the provincial
commander or other members of the Armed Forces of the Philippines.cralaw ARTICLE X Assessment Department Sec. 30. The city treasurer as city assessor ex officio – His powers and duties. – The city treasurer shall act as the city assessor ex officio with an additional compensation of six hundred pesos per annum and shall have charge of the department of assessment. He and his authorized deputies are empowered to administer any oath authorized in connection with the valuation of real estate for the assessment and collection of taxes. He shall make the list of the taxable real estate in the city, arranging in the order of the lot and block numbers the names of the owners thereof, with a brief description of the property opposite each such name and the cash value thereof. In making this list, the city assessor shall take into consideration any sworn statement made by the owners of the property, but shall not be prevented thereby from considering other evidence on the subject and exercising his own judgment in respect thereto. For the purpose of completing this list, he and his representatives may enter upon the real estate for the purpose of examining and measuring it, and 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 of the Province of Negros Occidental showing the ownership of real estate in the city.cralaw Sec. 31. Real estate exemption from taxation. –
The following shall be exempt from taxation: Sec. 33. Action when owner makes no returns, or is unknown, or ownership is in dispute or in doubt, or when land and improvements are separately owned. – If the owner of any parcel of real estate shall fail to make a return thereof, or if the city assessor ex officio is unable to discover the owner of any real estate, he shall nevertheless list the same for taxation, and charge the tax against the true owner, if known, and if unknown then as against an unknown owner. In case of doubt or dispute as to ownership of real estate, the taxes shall be levied against the possessor or possessors thereof. When it shall appear that there are separate owners of the land and the improvements thereon, a separate assessment of the property of each shall be made.cralaw Sec. 34. Action in case estate has escaped taxation. – If it shall come to the knowledge of the city assessor ex officio that any taxable real estate in the city has escaped listing, it shall be his duty to list and assess the same at the time and in the manner provided in the next succeeding section and to charge against the owner thereof the taxes due for the current year and the last preceding one year, and the taxes thus assessed shall be legal and collectible by all the remedies herein provided, and if the failure of the city assessor to assess such taxes at the time when they should have been assessed was due to any fault or negligence on the part of the owner of such property, the penalties shall be added to such back taxes as though they had been assessed at the time when they should have been assessed.cralaw Sec. 35. When assessment may be increased or reduced. – The city assessor ex officio shall during the first fifteen days of January of each year add to his list of taxable real estate in the city the value of the improvements placed upon such property during the preceding year, and any property which is taxable and which has theretofore 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 assessed at their true money value, by reducing or increasing the existing assessment as the case may be.cralaw Sec. 36. Publication of complete list and
proceedings thereon. – The assessor ex officio shall, after the list
shall have been completed, inform the public by notice published for
seven days in a newspaper of general circulation in the city, if any,
and by notice posted for seven days at the main entrance of the City
Hall, that the list is on file in his office and may be examined by any
person interested therein, and that upon the date fixed in the notice,
which shall not be later than the tenth day of February, the city
assessor will be in his office for the purpose of hearing complaints as
to the accuracy of the listing of the property and the assessed value
thereof. He shall further notify in writing each person the amount of
whose tax will be changed by such proposed change, by delivering or
mailing at least 30 days in advance of the date fixed in the notice,
such notification to such person or his authorized agent at the last
known address of such owner or agent in the Philippines.cralaw Sec. 37. City assessor ex officio to authenticate
list of real estate assessed. – The City assessor shall authenticate
each list of real estate valued and assessed by him as soon as the same
is completed, by signing the following certificate at the foot thereof: Sec. 39. Composition and compensation of Board of
Tax Appeals. – There shall be a Board of Tax Appeals which shall be
composed of five members to be appointed by the President of the
Philippines with the consent of the Commission of Appointments. Three
members of the Board shall be selected from among government officials
in the city other than those in charge of assessment and they shall
serve without additional compensation. The two other members shall be
selected from among property owners in the city and they shall each
receive a compensation of ten pesos for each day of session actually
attended. The chairman of the Board shall be designated in the
appointment and shall have the power to designate any city official or
employee to serve as the secretary of the Board without additional
compensation.cralaw Sec. 40. Oath to be taken by members of the Board
of Tax Appeals. – Before organizing as such, the members of the Board
of Tax Appeals shall take the following oath before the Municipal Judge
or some other officer authorized to administer oaths: Sec. 42. Taxes on real estate – Extension and
remission of the tax. – A tax, the rate of which shall not exceed two
per centum ad valorem to be determined by the Municipal Board, shall be
levied annually on or before the second Monday of January on the
assessed value of all real estate in the city subject to taxation. All
taxes on real estate for any year shall be due and payable annually on
the first day of January and from this date such taxes together with
all penalties accruing thereto shall constitute a lien on the property
subject to such taxation.cralaw Sec. 43. Seizure of the personal property for delinquency in payment of the tax. – After a property shall have become delinquent in the payment of taxes and said taxes and the corresponding penalties shall remain unpaid ninety days after payment thereof shall have become due, the city treasurer, or his deputy, if he desires to compel payment through seizure of any personal property of any delinquent person or persons, shall issue a duly authenticated certificate, based on the records of his office, showing the fact of delinquency and the amount of the tax and penalty due from said delinquent person or persons or from each of them. Such certificate shall be sufficient warrant for the seizure of the personal property belonging to the delinquent person or persons in question not exempt from seizure; and these proceedings may be carried out by the city treasurer, his deputy, or any other officer authorized to carry out legal proceedings.cralaw Sec. 44. Personal property exempt from seizure and
sale for delinquency. – The following personal property shall be exempt
from seizure, sale and execution for delinquency in the payment of the
real estate tax: Sec. 45. The owner may redeem personal property before sale. – The owner of the personal property seized may redeem the same from the collecting officer at any time after seizure and before sale by tendering to him the amount of the tax, the penalty, and the costs incurred up to the time of tender. The costs to be charged in making such seizure and sale shall only embrace the actual expense 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.cralaw Sec. 46. Sale of seized personal property. –
Unless redeemed as hereinbefore provided, the property seized through
proceedings under section forty-three 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 same
shall be sold to the highest bidder. The purchaser at such sale shall
acquire an indefeasible title to the property sold.cralaw Sec. 47. 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.cralaw Sec. 48. Vesting title to real estate in the city government. – Upon the expiration of one year from the date on which the taxpayer has been delinquent, and in the event of continued default in the payment of the penalty, all private right, title 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 hereinafter provided for: 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.cralaw Sec. 49. Redemption of real estate before seizure. – At any time after the delinquency shall have occurred, but not after the expiration of ninety days from the date of publication of the advertisement provided for in the next succeeding section, 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.cralaw Sec. 50. Notice of seizure of real estate. – Notice of seizure of real estate shall be given by posting notice at the main entrance of the City Hall, the provincial building and all the municipal buildings in the Province of Negros Occidental in English and Spanish and in the dialect commonly used in the locality. A copy of said notice shall also be posted on the property subject to seizure. Such notice shall state the name of the delinquent person, the date on which such delinquency commenced, the amount of the taxes and penalties then due, and shall state that unless such taxes and penalties are paid within ninety days from the date of the publication of such notice, the forfeiture of the delinquent real estate to the city government shall become absolute.cralaw Sec. 51. Ejectment of occupants of seized property. – After the expiration of ninety days from the date of the publication of the notice of delinquency provided for in the next preceding section, the city treasurer, on his deputy, may issue to the Mayor or to other officers authorized by law to execute and enforce the laws, a certificate describing the parcel of real estate on which the taxes have been declared delinquent, stating the amount of taxes due, and the penalties and costs accrued by reason of the delinquency, and requesting him to eject from said property all the tenants and occupants thereof. Upon receiving such certificate, the Mayor or any other official authorized to enforce the law, shall forthwith have all the tenants and occupants who refuse to recognize the title of city expelled from the property in question, and to that end he may use the police force: Provided, however, That if the property so seized is or includes a residential home, the occupant thereof shall be given sufficient time, not exceeding ten days from the date of the notice of ejectment, to vacate the premises.cralaw Sec. 52. Redemption of real property before sale.
– After the title to the property shall have become vested in the city
government in the manner provided for in section forty-eight hereof,
and at any time prior to the sale or the execution of the contract of
sale by the city treasurer to a third party, the original owner or his
legal representative or any person having any lien, right, or other
legal interest or equity in said property, shall have the right to
redeem the entire property in question, by paying the full amount of
taxes and penalties due 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 sale may, at the discretion of the purchaser, be made in
installment, extending over a period not exceeding twelve months, but
initial payment, which must be made on the date of the filing of the
application for redemption, and every subsequent payment, shall not be
less than twenty-five per centum of the entire sum due, and shall in no
case be less than two pesos, unless the total or the balance of the
amount due on all seized property from 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 purchaser 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 purchaser, and in case he has taken
possession of the property, he shall forthwith surrender the same to
the city government. In case the purchaser should fail the 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 provision of this section shall apply to redemption of real
estate seized for delinquency in the payment of taxes thereon and not
redeemed up to the date of the approval of this Act. Sec. 54. Sale of real estate – Conditions. – At
any time during the sale or prior thereto, the taxpayer may stay the
proceedings by paying the taxes and penalties to the city treasurer or
his deputy. Otherwise the sale shall proceed and shall be held either
at the main entrance of the City Hall or on the premises of the real
estate to be sold as the city treasurer or his deputy may determine.
The payment of the sale price may, at the option of the purchaser, be
made in installments covering a period not exceeding twelve months, but
the initial payment which shall be made at the time of the sale, and
each subsequent payment shall be less than twenty-five per centum of
the sale price, and shall in no case be less than two pesos, unless the
total or the balance of the amount due on all seized property in the
name of the 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 following that in which the
sale took place. Any failure of the purchaser to pay the total price of
the sale within twelve months from the date thereof, shall be
sufficient ground for its cancellation, and any part payment made shall
revert to the city government and if the purchaser has taken possession
of the property he shall forthwith surrender the same to the city
government. In case the purchaser should fail to relinquish possession
of the property, the city treasurer or his deputy shall immediately
take steps to eject the tenants or occupants of the property, in
accordance with the procedure prescribed in section fifty-one of this
Act.cralaw Sec. 55. 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 interests at the rate of twelve per centum per annum on the purchase price, if paid in whole, or on any portion thereof as may have been paid by the purchaser and such payment shall invalidate the certificate of sale issued to the purchaser, if any, and shall entitle the person making such payment to a certificate to be issued by the city treasurer or his deputy, stating that he has thus redeemed the property, and the city treasurer or his deputy, upon the return by the purchaser of the certificate of sale previously issued to him shall forthwith refund to the purchaser the entire sum paid by him with interest at twelve per centum per annum, as provided for herein, and such property shall thereafter be free from the lien of such taxes and penalties.cralaw Sec. 56. 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 has been sold, and said deed shall succinctly recite all the proceedings upon which the validity of the sale depends. Any balance remaining from the proceeds upon which the validity of, the sale after deducting the amount of the taxes and penalties due, and the costs, if any, shall be returned to the original owner or his representatives.cralaw Sec. 57. Taxes and penalties which shall be paid upon redemption or repurchase. – The taxes and penalties to be paid by way of redemption or repurchase, shall comprise in all cases only the original tax by virtue of the failure to pay which the seizure was made, and its incidental penalties, up to the date of the forfeiture of the real estate to the Government.cralaw Sec. 58. Taxes-Legal procedure. – (a) The
assessment of a tax shall constitute a lawful indebtedness of the
taxpayer to the city which may be enforced by a civil action in any
court of competent jurisdiction, and this remedy shall be in addition
to all remedies provided by law.cralaw ARTICLE XI Tax allotments and special assessment for public improvements Sec. 59. Allotment of internal revenue and other taxes. – Of the internal revenue accruing to the National Treasury under Chapter II, Title XII of Commonwealth Act Numbered Four hundred and sixty-six, and other taxes collected by the National Government and allotted to the various provinces, as well as the National and for schools, the City of Silay shall receive a share equal to what it would receive if it were a regularly organized province.cralaw Sec. 60. Power to levy special assessments for
certain purposes. – The Municipal Board may, by ordinance, provide for
the levying and collection, by special assessment of the lands
comprised within the district or section of the city specially
benefited, of a part not to exceed sixty per centum of the cost of
laying out, opening, constructing, straightening, widening, extending,
grading, paving, curbing, walling, deepening or otherwise establishing,
repairing, enlarging, or improving public avenues, roads, streets,
alleys, sidewalks, parks, plazas, bridges, landing places, wharves,
piers, docks, levees, reservoirs, waterworks, water mains, water
courses, esteros, canals, drains and sewers including the cost of
acquiring the necessary land and public improvements thereon, as
hereinafter provided.cralaw Sec. 61. Property subject to special assessment. – All lands comprised within the district or section benefited except those owned by the Republic of the Philippines shall be subject to the payment of the special assessment.cralaw Sec. 62. Basis of apportionment. – The amount of the special assessment shall be apportioned and computed according to the assessed valuation of such lands as shown in the book of the city assessor. If the property has not been declared for taxation purposes, the city assessor shall immediately declare it for the owner and assess its value, and such value shall be the basis of the apportionment and computation of the special assessment due thereon.cralaw Sec. 63. Ordinance levying special assessment. –
The ordinance providing for the levying and collection of a special
assessment shall describe with reasonable accuracy the nature, extent
and location of the work to be undertaken; the probable cost of the
work; the percentage of the cost to be defrayed by special assessment;
the district or section which shall be subject to the payment of the
special assessment, the limits whereof shall be stated by metes and
bounds if practicable, and by other reasonable 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.cralaw Sec. 65. Protest against special assessment. – Not later than ten days after the last publication of the ordinance and the list of landowners, as provided in the preceding section, the landowners affected, if they compose a majority whose holdings represent more than one-half of the total assessed value of said lands, may file with the Municipal 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 signers and the arguments in support of their objection or protest against the special assessment established in the ordinance. If no protest is filed within the time and under the condition above specified, the ordinance shall be considered approved as published.cralaw Sec. 66. Hearing of protest. – The Municipal 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 to all landowners affected by any protest or protests, and shall order the publication once a week for two consecutive weeks, of a notice of the place and date of the hearing in the same manner herein provided for the publication of the proposed special assessment ordinance. All pertinent arguments and evidence presented by the landowners interested or their attorney shall be attached to the proper records. After the hearing, the Municipal Board shall either modify its ordinance or approve it in toto and send notice of its decisions to all interested parties who have given their addresses, and shall order the publication of the ordinance as approved finally together with a list of the owners of the parcels of land affected by the special assessment, three times weekly, for two consecutive weeks, in the same manner hereinabove prescribed. The ordinance finally passed by said body shall be sent to the Mayor with all the papers pertaining thereto, for his approval or veto as in the case of other city ordinance. If the Mayor approves it, the ordinance shall be published as above provided, but if he vetoes it, the procedure in similar cases provided in this Act shall be observed.cralaw Sec. 67. When ordinance is to take effect. – Upon the expiration of thirty days from the date of the last publication of the ordinance as finally approved, the same shall be effective in all respects, if no appeal therefrom is taken to the proper authorities in the manner hereinafter prescribed.cralaw Sec. 68. Appeals. – Any time before the ordinance providing for the levying and collection of special assessment becomes effective in accordance with the preceding section, appeals from such special assessment may be filed with the President of the Philippines in the case of public works undertaken or contemplated to be undertaken by the National Government, and with the Secretary of Finance in the case of public works undertaken or contemplated to be undertaken by the city. In all cases the appeal shall be in writing and signed by at least a majority of the owners of the lands situated in the special assessment zone whose holdings represent more than one-half of the total assessed value of the lands affected. The appellants shall immediately give the Board a written notice of the appeal, and the secretary of said board, shall, within ten days after receipt of the notice of appeal, forward to the officer who has jurisdiction to decide the appeal an excerpt from the minutes of the board relative to the proposed special assessment and all the documents in connection therewith.cralaw Sec. 69. Decision of the appeal. – Only appeals
made within the time and in the manner prescribed in this Act shall be
entertained, and the officer to whom the appeal is made may call for
further hearing or decide the same in accordance with its merits as
shown in the papers or documents submitted to him. All appeals shall be
decided within sixty days after receipt by the appellate officer of the
docket of the case, and such decision shall be final. Sec. 71. Payment of special assessment. – All sums due from any landowner or owners as the result of any action taken pursuant to this Article shall be payable to the city treasurer in the same manner as the annual ordinary tax levied upon real property, and shall be subject to the same penalties for delinquency and be enforced by the same means as said annual ordinary tax; and all said sums together with any of said penalties shall, from the dates on which they are assessed, constitute special lien on said land, with sole exception of the lien for the nonpayment of the ordinary real property tax. If, upon recomputation of the amount of special assessment in accordance with the next preceding section it appears that the landowner has paid more than what is correctly due from him the amount paid in excess shall be refunded to him immediately upon demand; in the other case, the landowner shall have one year within which to pay without penalty the amount still due from him. Said period shall be counted from the date the landowner received the proper notice.cralaw Sec. 72. Disposition of proceeds. – The proceeds
of the special assessment and penalties thereon shall be applied
exclusively to the purposes for which the assessments were levied. It
shall be the duty of the city treasurer to turn over to the National
Treasury all collections made by him from special assessment levies for
national public works.cralaw ARTICLE XII City Budget Sec. 73. Annual Budget. – At least three 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 seven 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 the receipt of this statement and estimate and the estimates of department heads as required by section eighteen of this Charter, the Mayor shall formulate and submit to the Municipal Board at least two and a half months before the beginning of the ensuing fiscal year, a detailed budget covering the estimated necessary expenditure for the said ensuing fiscal year, which shall be the basis of the annual appropriation ordinance: Provided, however, That in no case shall the aggregate amount of such appropriation exceed the estimate or revenues and receipts submitted by the city treasurer as provided above: Provided, further, That not less than 15 per cent of the expected revenue of the city for any fiscal year shall be appropriated for public improvements of the said fiscal year.cralaw Sec. 74. Supplemental Budget. – Supplemental budget formulated in the same manner may be adopted when special or unforeseen circumstances make such action necessary.cralaw Sec. 75. Failure to enact an appropriation
ordinance. – Whatever the Board fails to enact an appropriation
ordinance for any fiscal year before the end of the previous fiscal
year the several sums appropriated in the last appropriation ordinance,
for the objects and purposes therein specified 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 the year,
until a new appropriation ordinance is duly enacted.cralaw ARTICLE XIII The Municipal Court Sec. 76. Regular, auxiliary and acting judges of Municipal Court. – There shall be a municipal court for the City of Silay for which there shall be appointed a municipal judge and an auxiliary municipal judge.cralaw The municipal judge may, upon proper application, be allowed a vacation of not more than thirty days every year with salary. The auxiliary municipal judge shall discharge the duties of the municipal judge in case of absence, incapacity or inability of the latter until he assumes his post, or until a new judge shall have been appointed. During his incumbency the auxiliary municipal judge shall enjoy the powers, emoluments and privileges of the municipal judge who shall not receive any remuneration therefor except the salary to which he is entitled by reason of his vacation provided for in this Charter. In case of absence, incapacity or inability, of both the municipal judge and the auxiliary municipal judge, the Secretary of Justice shall designate the justice of the peace of any of the adjoining municipalities to preside over the municipal court, and he shall hold the office temporarily until the regular incumbent or the auxiliary judge thereof shall have resumed office, or until another judge shall have been appointed in accordance with the provisions of this Charter. The justice of the peace so designated shall receive his salary as justice of the peace plus seventy per cent of the salary of the municipal judge whose office he has temporarily assumed.cralaw The municipal judge shall receive a salary of not exceeding four thousand two hundred pesos per annum. He shall have his residence in the city.cralaw Sec. 77. Clerk and employees of the Municipal Court. – There shall be a clerk of the municipal court who shall be appointed by the municipal judge in accordance with Civil Service Law, rules and regulations, and who shall receive a compensation, to be fixed by ordinance approved by the Secretary of Justice, at not exceeding one thousand two hundred pesos per annum. He shall keep the seal of the court and affix it to all orders, judgments, certificates, records, and the other documents issued by the court. He shall keep a docket of the trials in the court, in which he shall record in a summary manner the names of the parties and the various proceedings in civil cases, and in the criminal cases, the name of the defendant, the charge against him, the names of the witnesses, the date of the arrest, the appearance of the defendant, together with the fines and costs adjudged or collected in accordance with the judgment. He shall have the power to administer oath. The clerk of the municipal court shall at the same time be sheriff to the city and shall as such have the same powers and duties conferred by existing law to provincial sheriffs. The Municipal Board may provide for such number of clerks in the office of the clerk of the municipal court as the needs of the service may demand.cralaw Sec. 78. Jurisdiction of Municipal Court. – The municipal court shall have the same jurisdiction in civil and criminal cases and the same incidental powers as at present conferred upon them by law. It shall have concurrent jurisdiction with the Court of First Instance over all criminal cases arising under the laws relating to gambling and management of lotteries, to assaults where the intent to kill is not charged or evident upon the trial, to larceny, embezzlement and estafa where the amount of money or property stolen, embezzled or otherwise involved does not exceed the sum of value of two hundred pesos, to the sale of intoxicating liquors, to falsely impersonating an officer, to malicious mischief, to trespass on government or private property, and to threatening to take human life. It may also conduct preliminary investigations for any offense, without regard to the limits of punishment and may release of commit and bind over any person charged with such offense to secure his appearance before the proper court.cralaw Sec. 79. Incidental power of Municipal Court. – The municipal court shall have power to administer oaths and to give certificates thereof; to issue summons, writs, warrants, executions and all other processes necessary to enforce its orders and judgments; to compel the attendance of witnesses; to punish contempts of court by fine or imprisonment, or both, within the limitation imposed by law; and require of any person arrested a bond for good behavior or to keep the peace, or for the further appearance of such person before a court of competent jurisdiction. But no such bond shall be accepted unless it be executed by the person in whose behalf it is made, with sufficient surety or sureties to be approved by said court.cralaw Sec. 80. Procedure in Municipal Court in prosecutions for violations of law and ordinance. – In a prosecution for the violation of any ordinance, the first process shall be a summons; except that a warrant for the arrest of the offender may be issued in the first instance upon the affidavit of any person that such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe that the party charged is guilty thereof, which warrant shall conclude: "Against the ordinances of the city in such cases made and provided." All proceedings and prosecutions for offenses against the laws of the Philippines shall conform to the rules relating to process, pleading, practice, and procedure for the judiciary of the Philippines, and such rules shall govern the municipal court and its officers in the cases in so far as the same may be applicable.cralaw Sec. 81. Coats, fees, fines and forfeitures in
Municipal Court. – There shall be taxed against and collected from the
defendant, in case of his conviction in the municipal court, such costs
and fees as may be prescribed by law in criminal cases in justice of
the peace courts. All costs, fines and forfeitures shall be collected
by the clerk of courts, who shall keep a docket of those imposed and of
those collected, and shall pay 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 therefor. The municipal judge
shall examine said docket each day, compare the same with the amount
receipted for by the city treasurer and satisfy himself that all such
cost, fees, fines and forfeitures have been dully accounted for. Sec. 83. Procedure on appeal from Municipal Court
to Court of First Instance. – An appeal shall lie to the Court of First
Instance in all cases where fine or imprisonment, or both, is imposed
by the municipal court. The party desiring to appeal shall, before six
o'clock post meridian of the fifteenth day after notice of the judgment
by the municipal court, file with the clerk of the court a written
statement that he appeals to the Court of First Instance. The filing of
such statement shall perfect the appeal. The judge of the court from
whose decision appeal is taken shall, with five days after the appeal
is taken, transmit to the clerk of the Court of First Instance a
certified copy of the record of proceedings and all the original papers
and processes in the case. A perfected appeal shall operate to vacate
the judgment of the municipal court, and the action, when duly entered
in the Court of First Instance, shall stand for trial de novo upon its
merits as though the same had never been tried. Pending an appeal, the
defendant shall remain in custody unless released in the discretion of
the judge of the municipal court or of the judge of the Court of First
Instance, upon sufficient bail in accordance with procedure in force,
to await the judgment of the appellate court.cralaw Sec. 84. Judicial notice of ordinance. – All courts sitting in the city shall take judicial notice of the ordinances passed by the city council.cralaw Sec. 85. Attendance in Court, permission to pursue
other vocation. – The Municipal or auxiliary municipal judge when
discharging the duties of the municipal judge shall be present at least
four hours on each business day in his office or at the place where the
court is held, but he may, after office hours, with the permission of
the Secretary of Justice, pursue any other vocation or hold any other
office or position.cralaw ARTICLE XIV Bureaus Performing Municipal Duties Sec. 86. General Auditing Office – City Auditor. – The City Auditor, under the supervision of the Auditor General, shall receive and audit all accounts of the city, in accordance with the provisions of law relating to government accounts and accounting. He shall be appointed by the Auditor General and shall receive a salary of three thousand nine hundred pesos per annum, payable half by the national government and half from the funds of the city.cralaw Sec. 87. The Division of Purchase and Supply. – The purchasing agents shall purchase and supply in accordance with law all supplies, equipment, materials and property of every kind, except real estate for the use of the city and its departments and offices. But contracts for completed work of any kind for the use of the city, or any of its departments or offices, involving both labor and materials, where the materials are furnished by the contractor shall not be deemed to be within the purview of this section.cralaw Sec. 88. The Bureau of Public Schools. – The
Director of the Bureau of Public Schools shall exercise the same
jurisdiction and power in the city as elsewhere in the Philippines and
the division superintendent of schools for the Province of Negros
Occidental shall have all the powers and duties in respect to the
schools of the city as are vested in division superintendents in
respect to schools of their divisions. ARTICLE XV Transitory Provisions Sec. 90. Change of Government. – The city government provided for in this Charter shall be organized on such a date as may be fixed by the President of the Philippines.cralaw The incumbent Mayor, Vice-Mayor and members of the Municipal Council of the Municipality of Silay shall continue in office as the Mayor, Vice-Mayor and members of the Municipal Board of the City, respectively, until the expiration of their present terms of office.cralaw Sec. 91. Election of Provincial Governor and Members of the Provincial Board of Negros Occidental. – The voters of the City of Silay shall be qualified and entitled to vote in the election of the Provincial Governor and the members of the Provincial Board of the Province of Negros Occidental.cralaw Sec. 92. Representative District. – Until otherwise provided by law, the City of Silay shall continue as part of the First Representative District of the Province of Negros Occidental.cralaw Sec. 93. This Act shall take effect upon its
approval.cralaw Approved: June 12, 1957 |