AN ACT CREATING THE CITY OF GENERAL SANTOS

Case Overview and Summary

Summary of Republic Act No. 5412 (Charter of the City of General Santos):

Territory and Corporate Character of the City
- The City of General Santos is created, comprising the present territorial jurisdiction of the Municipality of General Santos in South Cotabato Province, except certain barrios and sitios (Section 2).
- The City is a political body corporate with perpetual succession and municipal corporation powers (Section 3).
- The City has a common seal, can acquire property, sue and be sued, and exercise powers conferred by the Charter (Section 4).

The Mayor and Vice-Mayor
- The Mayor is the chief executive, elected at large for 4 years, with qualifications and salary specified (Section 8).
- The Vice-Mayor performs mayoral duties in case of absence or vacancy, elected similarly, with specified salary (Section 9).
- The Mayor has executive and administrative control over city departments, with specified powers and duties (Section 10).

The City Council
- The legislative body comprises the Vice-Mayor as presiding officer and 12 elected councilors, with qualifications, election, suspension, and removal provisions (Sections 12-13).
- The Council has a Secretary with specified duties and salary (Section 14).
- Legislative procedures, including ordinance passage, veto, and appeal processes, are detailed (Section 15).
- The Council has specified legislative powers over taxation, public works, utilities, public order, and general welfare (Section 16).

City Departments and Offices
- The specified city departments are Finance, Engineering and Public Works, Law, Prosecution, Health, Police, Fire, and Assessment (Section 18).
- Heads of departments have control, certification of payrolls and vouchers, budget estimates, and reporting duties (Section 19).
- Appointment, removal, and asset disclosure provisions for officials and employees (Sections 20-22).

Department of Finance
- The City Treasurer is the chief fiscal officer, with specified powers and duties over tax collection, fund custody, disbursement, and purchasing (Section 23).

Department of Engineering and Public Works
- The City Engineer has charge over surveying, public works, buildings, streets, parks, bridges, wharves, waterworks, sewers, and private construction regulation, with specified powers and duties (Section 24).
- Public works execution can be by administration or contract (Section 25).

Law Department
- The City Attorney is the legal adviser, with specified powers and duties over litigation, legal opinions, and investigations (Section 26).

Prosecution Department
- The City Fiscal and assistants, under the Secretary of Justice, handle criminal prosecutions and investigations, with specified powers and duties (Section 27).

Department of Health
- The City Health Officer oversees public health, sanitation, cemeteries, and civil registration, with specified powers and duties (Section 28).

Police Department
- The Chief of Police heads the police force, with specified powers and duties over law enforcement, public order, and the city prison (Section 29).
- The Deputy Chief of Police acts as Chief in absence, with specified salary (Section 30).
- The Chief of Secret Service handles detective work, with specified salary (Section 31).
- Peace officer powers and duties, assistance from other forces, and suspension provisions (Sections 32-33).

Fire Department
- The Chief of Fire Department manages the fire forces, with specified powers and duties over fire prevention, inspections, electrical installations, and permits (Section 34).
- The Deputy Chief acts as Chief in absence, with specified salary (Section 35).

Department of Assessment
- The City Assessor handles real estate assessment and valuation for taxation, with specified powers and duties (Section 36).
- Real estate exemptions from taxation are specified (Section 37).
- Provisions for property declarations, unknown owners, escaped taxation, and assessment increases or decreases (Sections 38-41).
- Procedures for publishing assessment lists, hearing complaints, and appeals to the Board of Tax Appeals (Sections 42-49).

Real Estate Taxation
- Provisions for tax rates, payment deadlines, penalties, liens, seizure and sale of personal property, redemption, and legal procedures (Sections 48-64).

Tax Allotments and Special Assessments
- The City receives a share of internal revenue and other taxes equal to a province (Section 65).
- The Council can levy special assessments for public improvements, with specified procedures and provisions (Sections 66-78).

City Budget
- The Mayor formulates and submits an annual budget based on estimates, with provisions for supplemental budgets and failure to enact appropriations (Sections 79-81).

The City Court
- The City Court has 3 branches with judges appointed by the President, with specified jurisdiction, procedures, costs, fees, fines, and commitment provisions (Sections 82-88).

Bureaus Performing Municipal Duties
- Provisions for the General Auditing Office, City Auditor, Register of Deeds, Bureau of Supply Coordination, Bureau of Public Schools, Motor Vehicle Registrar, and their respective powers and duties (Sections 89-94).

Regulation of Amusements, Liquor Sales, Subdivisions, and Street Dedications
- The Council has power over regulating amusement places and liquor sales (Section 95).
- The Council has power over approving subdivision plans and street dedications, with specified regulations (Sections 96-97).

Ownership of Public Lands
- The National Government cedes ownership of public lands within the City to the City (Section 98).

Miscellaneous Provisions
- The City can own and operate public utilities, with rate-setting and contracting provisions (Section 99).
- Existing municipal ordinances remain in force until repealed (Section 100).
- The City owns existing waterworks, electric, telephone systems, roads, assets, and liabilities (Section 101).

Final and Transitory Provisions
- Incumbent municipal officials continue as city officials until term expiration, with additional councilors appointed (Section 102).
- Voters cannot vote for South Cotabato provincial officials (Section 103).
- The City remains part of the South Cotabato congressional district until changed (Section 104).
- Existing barrio councils remain governed by the Barrio Charter (Section 105).
- Separability clause and effectivity date provisions (Sections 106-107).