AN ACT CREATING THE CITY OF LAOAG

Republic Act No. 4584

Summary of Republic Act No. 4584 (City Charter of Laoag)

Title and General Provisions
- This Act shall be known as the Charter of the City of Laoag. (Section 1)
- The City of Laoag is created, comprising the present territorial jurisdiction of the Municipality of Laoag, Province of Ilocos Norte. (Section 2)
- The City of Laoag is a political body corporate with perpetual succession and municipal corporation powers. (Section 3)
- 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 4)
- The city is not liable for damages arising from failure to enforce the Charter or laws, but officials can be personally sued. (Section 5)
- The city's jurisdiction for police purposes extends to 3 miles from shores and 100 meters from water sources. (Section 6)

The City Mayor and City Vice-Mayor
- The City Mayor is the chief executive, elected for 4 years, with a salary of ₱6,000 per annum plus ₱2,400 allowance. (Section 7)
- The City Vice-Mayor performs the duties of the Mayor in case of absence or vacancy, presides over the City Council without voting rights except in case of tie, and receives a salary of ₱4,200 per annum. (Section 8)
- The Mayor has executive and administrative control over city departments, enforces laws, safeguards city property and funds, institutes legal proceedings, supervises officers and employees, and performs other duties prescribed by the Charter. (Section 9)
- The Mayor shall appoint one secretary with a salary of at least ₱1,800 per annum. (Section 10)

The City Council
- The City Council is the legislative body, composed of the Vice-Mayor as presiding officer and 8 councilors elected at large, with a salary of ₱1,800 each per annum. (Section 11)
- Councilors must be qualified voters, residents for at least 2 years, and at least 25 years old. They can be suspended or removed like provincial officials. (Section 12)
- The Council shall have a secretary appointed by the Council, with a salary of at least ₱1,800 per annum. (Section 13)
- The Council's legislative procedure, including ordinance passage, veto power, and publication requirements, is detailed. (Section 14)
- The Council has legislative powers over taxation, appropriations, public works, public utilities, public order, and other matters necessary for the city's welfare, with penalties up to ₱200 fine or 6 months imprisonment. (Section 15)
- Commercial signs offensive to sight or causing nuisance can be ordered removed by the Mayor. (Section 16)

City Departments and Offices
- The city departments are Finance and Assessment, Engineering and Public Works, Law, Health, and Police and Fire. The Council can readjust duties and consolidate departments. (Section 17)
- Department heads control their departments under the Mayor's direction, certify payrolls and vouchers, prepare estimates, and submit reports. (Section 18)
- The President appoints the city judge, treasurer, engineer, fiscal, police chief, health officer, assessor, fire chief, school superintendent, and other department heads with consent of the Commission on Appointments. (Section 19)
- City officers cannot engage in business transactions with the city or have financial interests in city contracts. (Section 20)

Relation to National Government Bureaus
- The Auditor General audits city accounts, with the Ilocos Norte provincial auditor as ex-officio city auditor. (Section 21)
- The Director of Public Schools has jurisdiction over city schools, with the Ilocos Norte division superintendent as ex-officio city superintendent. (Section 22)
- The Land Registration Commission has jurisdiction in the city, with the Ilocos Norte register of deeds as ex-officio city register. (Section 23)

Finance and Assessment Department
- The City Treasurer is the chief fiscal officer, custodian of funds, and ex-officio city assessor, with a salary of ₱4,200 per annum. (Section 24)
- The Treasurer collects taxes, licenses, rents, fees, and fines, purchases supplies, keeps accounts, disburses funds, and prepares the budget. (Section 24)
- As ex-officio assessor, the Treasurer lists taxable real estate, values property, receives sworn statements, and examines records. (Section 24)
- Real estate exempted from taxation includes government property, religious/charitable property, property valued under ₱400, and new machinery for 2 years. (Section 25)
- Persons acquiring or improving real estate must declare its value to the assessor within 60 days. (Section 26)
- If the owner fails to make returns or ownership is disputed, the assessor shall list the property for taxation. (Section 27)
- If taxable real estate escaped listing, the assessor shall list and charge taxes for the current and last preceding year, plus penalties if due to owner's fault. (Section 28)
- The assessor shall annually add new improvements, revise incorrect assessments, inform the public, hear complaints, and authenticate the tax list. (Sections 29-31)
- Appeals from the assessor's decision can be made to the Board of Tax Appeals within 30 days. (Section 32)
- The Board of Tax Appeals has 5 members appointed by the President, with 3 government officials serving without additional pay and 2 property owners receiving ₱10 per session day. (Section 33)
- The Board hears appeals, can amend listings and valuations with the Department Head's approval, and the Department Head's decision is final unless reopened by the President. (Sections 34-35)
- An annual real estate tax not exceeding 2% ad valorem shall be levied, with payment due annually on June 1 and constituting a lien on the property. Penalties for delinquency are specified. (Section 36)
- Personal property can be seized for delinquent tax payment after 90 days, with exemptions for tools, animals, clothing, furniture, provisions, and libraries. (Sections 37-38)
- The owner can redeem seized personal property before sale by paying the tax, penalty, and costs. (Section 39)
- Seized personal property shall be sold at public auction after advertisement, with surplus returned to the taxpayer. (Sections 40-41)
- After 1 year of delinquency, the city acquires title to the real estate, subject to redemption rights. (Section 42)
- The owner or interested party can redeem the property before seizure by paying taxes and penalties. (Section 43)
- Notice of real estate seizure shall be published and sent to the owner, allowing 90 days to pay before forfeiture becomes absolute. (Section 44)
- After 90 days, the Mayor can eject occupants of seized property. (Section 45)
- The owner or interested party can redeem seized property before sale by paying taxes, penalties, and costs subject to existing leases. (Section 46)
- Redemption requires paying the original tax, penalties until forfeiture, and 12% interest on the purchase price if already sold. (Sections 47-49)
- If not redeemed within 1 year after sale, the Treasurer shall execute a deed conveying the property to the purchaser. (Section 50)
- Redemption or repurchase only requires paying the original tax and penalties until forfeiture. (Section 51)
- The assessment constitutes a lawful debt, enforceable by civil action. Validity cannot be questioned due to irregularities unless substantial rights were impaired. (Section 52)

Tax Allotments and Special Assessments
- The city shall receive a share of internal revenue taxes and national aid equal to what it would receive as a province. (Section 53)
- The Council can levy special assessments up to 60% of the cost for public works benefiting certain lands, including acquiring land. (Section 54)
- All benefited lands except government property are subject to the special assessment. (Section 55)
- The assessment is apportioned based on the assessed valuations of the lands. (Section 56)
- The assessment ordinance shall describe the work, cost, percentage assessed, benefited district, and payment period of 5-10 years. (Section 57)
- The proposed ordinance shall be published with a list of affected landowners, allowing them to protest if comprising a majority representing over half the value. (Section 58)
- Landowner protests shall be heard, and the Council can modify or approve the ordinance, which is then published and can be appealed. (Sections 59-60)
- The ordinance takes effect 30 days after last publication if no appeal, which can be made by a majority of landowners representing over half the value. (Sections 61-62)
- Appeals are decided by the President for national works or the Secretary of Finance for city works, with decisions being final. (Section 63)
- The Treasurer determines each landowner's annual installment, with adjustments if the actual cost differs from the estimate. (Section 64)
- Installments are payable like real estate taxes, with liens and enforcement by the same means. Overpayments are refunded. (Section 65)
- Assessment proceeds are applied exclusively to the purpose levied, with the Treasurer remitting national work proceeds to the National Treasury. (Section 66)

City Budget
- The Treasurer presents receipts, expenditures, and revenue estimates to the Mayor, who submits a budget to the Council at least 2.5 months before the fiscal year. (Section 67)
- Supplemental budgets can be adopted when necessary. (Section 68)
- If no appropriation ordinance is enacted, the previous year's appropriations are deemed re-appropriated. (Section 69)

Engineering and Public Works Department
- The City Engineer heads this department with a salary of ₱4,200 per annum and has various duties related to surveying, public works, buildings, streets, parks, docks, water supply, sewers, and private construction. (Section 70)
- Public works over ₱3,000 shall be awarded to the lowest bidder after advertisement, unless executed by administration with Presidential approval. Works under ₱3,000 can be contracted or self-executed. (Section 71)

Law Department
- The City Fiscal is the legal adviser with a salary of ₱4,200 per annum, represents the city in civil cases, prosecutes violations of franchises/privileges, drafts instruments, investigates officer misconduct, and prosecutes crimes and ordinance violations. (Section 72)

Health Department
- The City Health Officer heads this department with a salary of ₱4,200 per annum (half paid by National Government), supervises health and sanitation, enforces laws, recommends ordinances, prosecutes violations, inspects, keeps civil registers, and manages health services. (Section 73)

Police Department
- The Chief of Police heads this department with a salary of ₱3,700 per annum, must be a former military officer with minimum rank of captain or have the civil service eligibility, issues regulations, maintains order, makes arrests, has jurisdiction over waters, serves court processes as deputy sheriff, supervises the police training school, and is ex-officio chief of the fire department. (Sections 74-75)
- Peace officers can serve processes, arrest without warrant in certain cases, enter premises, and use necessary force to avert danger, calling the military if needed. (Section 76)
- As ex-officio fire chief, the Chief of Police governs the fire force, has police powers at fires, can demolish buildings to stop fire spread, investigates fire causes, inspects buildings, manages fire alarms and wiring, regulates combustibles and explosives, and approves building permits. (Section 77)

The City Court
- There shall be a City Court with a judge appointed by the President receiving up to ₱5,400 per annum from the National Government, and an auxiliary judge to serve in case of absence or vacancy. (Section 78)
- The court shall have a clerk appointed by the judge, receiving up to ₱1,800 per annum set by ordinance approved by the Secretary of Justice. (Section 79)
- The City Court has jurisdiction over certain criminal cases concurrent with the Court of First Instance, can conduct preliminary investigations, and has incidental powers like administering oaths and punishing contempt. (Sections 80-81)
- Procedures for prosecuting violations of laws and ordinances, imposing costs/fees/fines, issuing commitments, and appealing to the Court of First Instance are specified. (Sections 82-85)

Transitory Provisions
- The new city government shall be organized upon the Act's effectivity, with incumbent municipal officials continuing until their term expires. (Section 86)
- Qualified city voters shall vote in the election for Ilocos Norte provincial officials. (Section 87)
- Until otherwise provided, the city shall remain part of the first congressional district of Ilocos Norte. (Section 88)
- This Act shall take effect on January 1, 1966, if a majority votes in favor of converting the municipality into a city in a plebiscite held simultaneously with the 1965 national election. (Section 90)