AN ACT CREATING THE CITY OF DAPITAN

Case Overview and Summary

Title of Act
ARTICLE I
- Section 1: This Act shall be known as "The Charter of the City of Dapitan."

ARTICLE II - General Provisions
- Section 2: The City of Dapitan is created, comprising the present territorial jurisdiction of the Municipality of Dapitan, Province of Zamboanga del Norte.
- Section 3: The City of Dapitan is a political body corporate with perpetual succession and municipal powers.
- Section 4: The city has a common seal, can acquire and dispose of property, contract, sue and be sued, and exercise powers conferred by the Charter.
- Section 5: The city is not liable for damages arising from failure to enforce the Charter or laws by city officials or employees.
- Section 6: The city's jurisdiction for police purposes extends to 3 miles from shores and over water supply areas.

ARTICLE III - The City Mayor and the City Vice-Mayor
- Section 7: The City Mayor is the chief executive, elected for 4 years, with qualifications and salary specified. • Salary: ₱6,000 per annum plus ₱2,400 allowance.
- Section 8: The City Vice-Mayor acts as Mayor in case of vacancy or incapacity, presides over the City Council, and performs duties assigned by the Mayor or law. • Salary: ₱4,200 per annum.
- Section 9: Powers and duties of the City Mayor are listed in detail, including enforcing laws, managing city property and finances, instituting legal proceedings, supervising employees, and submitting reports and budgets.

ARTICLE IV - The City Council
- Section 11: The City Council is the legislative body, composed of the City Vice-Mayor and 8 elected councilors. • Councilors' salary: ₱1,800 per annum.
- Section 12: Qualifications, election, suspension and removal of councilors are specified.
- Section 13: The Council has a secretary appointed by it. • Secretary's minimum salary: ₱1,800 per annum.
- Section 14: Legislative procedures, including sessions, quorum, voting, ordinance passage, veto power, and publication requirements, are detailed.
- Section 15: General legislative powers of the Council are listed in detail, covering taxation, licensing, public works, public utilities, public order, and other matters.

ARTICLE V - Departments and Offices of the City
- Section 17: The city departments are Finance and Assessment, Engineering and Public Works, Law, Health, and Police and Fire.
- Section 18: Powers and duties of department heads are specified.
- Section 19: Appointment and removal of officials and employees are governed by the Civil Service Law.
- Section 20: City officers are prohibited from engaging in certain business transactions with the city.

ARTICLE VI - Relation to Bureaus and other Offices
- Section 21: The Auditor General audits city accounts through the provincial auditor.
- Section 22: The Director of Public Schools exercises jurisdiction over city schools through the provincial division superintendent as ex-officio city superintendent.
- Section 23: The Commissioner of the Land Registration Commission exercises jurisdiction over the city through the provincial registrar of deeds as ex-officio city registrar.

ARTICLE VII - Finance and Assessment Department
- Section 24: The City Treasurer is the chief fiscal officer and custodian of funds, with specified powers and duties. • Salary: ₱4,200 per annum.
- Section 25: Real estate exempted from taxation is listed.
- Section 26-32: Procedures for real estate assessment, declaration, appeals, and the Board of Tax Appeals are detailed.
- Section 33: The Board of Tax Appeals is composed of 5 members appointed by the President, with 2 property owners receiving ₱10 per session attended.
- Section 34-35: Oath and proceedings of the Board of Tax Appeals are specified.
- Section 36-52: Provisions for real estate taxation, payment, penalties, seizure, sale, redemption, and legal procedures are comprehensively covered.

ARTICLE VIII - Tax Allotments and Special Assessment for Public Improvements
- Section 53: The city receives a share of internal revenue and other taxes equal to what a province would receive.
- Section 54-66: Provisions for levying and collecting special assessments for public improvements, including procedures, appeals, and use of funds, are detailed.

ARTICLE IX - City Budget
- Section 67: The City Treasurer submits estimates, and the Mayor formulates and submits the annual budget to the Council at least 2.5 months before the fiscal year.
- Section 68: Supplemental budgets may be adopted when necessary.
- Section 69: If no appropriation ordinance is enacted, the previous year's appropriations are deemed re-appropriated.

ARTICLE X - Engineering and Public Works Department
- Section 70: The City Engineer heads this department with specified powers and duties. • Salary: ₱4,200 per annum.
- Section 71: Procedures for awarding and executing public works and improvements are specified.

ARTICLE XI - Law Department
- Section 72: The City Fiscal is the legal adviser with specified powers and duties. • Salary: ₱4,200 per annum.

ARTICLE XII - Health Department
- Section 73: The City Health Officer heads this department with specified powers and duties. • Salary: ₱4,200 per annum, with half paid by the National Government.

ARTICLE XIII - Police Department
- Section 74: The Chief of Police heads this department and is ex-officio Chief of Fire Department, with specified qualifications and powers. • Salary: ₱3,700 per annum.
- Section 75: The Chief of Police is ex-officio chief of the secret service.
- Section 76: Powers and duties of peace officers, including the Mayor, Chief of Police, and police force, are specified.
- Section 77: Powers and duties of the Chief of Police as ex-officio Chief of Fire Department are listed.

ARTICLE XIV - The Municipal Court
- Section 78: There is a Municipal Court with a judge, auxiliary judge, and provisions for temporary appointments. • Judge's maximum salary: ₱5,400 per annum paid by National Government.
- Section 79: The clerk of the Municipal Court is appointed by the judge. • Clerk's maximum salary: ₱1,800 per annum.
- Section 80: Jurisdiction of the Municipal Court in civil and criminal cases is specified.
- Section 81: Incidental powers of the Municipal Court are listed.
- Section 82: Procedures for prosecuting violations of laws and ordinances are outlined.
- Section 83: Provisions for costs, fees, fines, and forfeitures in the Municipal Court are stated.
- Section 84: Requirements for committing persons sentenced by the Municipal Court are given.
- Section 85: Procedures for appeals from the Municipal Court to the Court of First Instance are detailed.

ARTICLE XV - Transitory Provisions
- Section 86: The incumbent municipal officials continue in office until expiration of their terms.
- Section 87: Qualified voters of the City of Dapitan can vote in the election of provincial officials of Zamboanga del Norte.
- Section 88: The City of Dapitan remains part of the lone congressional district of Zamboanga del Norte until otherwise provided by law.
- Section 89: Inconsistent laws, orders, and proclamations are repealed or modified accordingly.