AN ACT CREATING THE CITY OF LAPU-LAPU

Case Overview and Summary

Summary of Republic Act No. 3134 (Charter of the City of Lapu-Lapu):

Territory and Corporate Character (Sections 2-4):
- Creates the City of Lapu-Lapu comprising the former Municipality of Opon, Province of Cebu.
- Establishes the city as a political body corporate with perpetual succession and municipal powers.
- Grants the city powers to acquire property, enter into contracts, sue and be sued, and exercise other municipal powers.

City Government (Sections 7-19):
- Provides for the election of a Mayor and Vice-Mayor with specified qualifications, powers, and duties. (Sections 7-9)
- Establishes a Municipal Board as the legislative body, composed of the Vice-Mayor and 8 elected councilors. (Sections 11-16)
- Outlines the organization and duties of Barrio Councils in each barrio. (Sections 17-19)

City Departments and Officials (Sections 20-37):
- Establishes various city departments, including Finance, Engineering and Public Works, Law, Health, Police, Fire, and Assessment. (Section 20)
- Outlines the powers and duties of department heads. (Section 21)
- Provides for the appointment and removal of city officials and employees. (Sections 22-23)
- Establishes the relationship with national bureaus and offices, such as the General Auditing Office, Bureau of Public Schools, and Bureau of Supply Coordination. (Sections 24-27)
- Outlines the powers and duties of the City Treasurer, City Engineer, City Fiscal, City Health Officer, Chief of Police, Chief of Fire Department, and City Assessor. (Sections 28-37)

Taxation and Public Improvements (Sections 38-78):
- Specifies real estate exempt from taxation. (Section 38)
- Outlines procedures for assessment, collection, and enforcement of real estate taxes, including penalties for delinquency, seizure of personal property, and forfeiture of real estate to the city. (Sections 39-64)
- Provides for the allotment of internal revenue and other taxes to the city. (Section 65)
- Grants the power to levy special assessments for public improvements, such as roads, bridges, and utilities, and outlines the procedures for levying and collecting such assessments. (Sections 66-78)

City Budget (Sections 79-81):
- Requires the Mayor to submit an annual budget to the Municipal Board based on estimates from the City Treasurer and department heads. (Section 79)
- Allows for supplemental budgets in special circumstances. (Section 80)
- Provides for the re-enactment of the previous year's appropriation ordinance if a new one is not enacted. (Section 81)

Municipal Court (Sections 82-88):
- Establishes a Municipal Court with a judge, auxiliary judge, and clerk, and outlines their qualifications, appointment, and duties. (Sections 82-83)
- Defines the jurisdiction of the Municipal Court in civil and criminal cases. (Section 84)
- Outlines procedures for prosecutions, preliminary examinations, costs, fees, fines, forfeitures, and commitments to prison. (Sections 85-88)

Final and Transitory Provisions (Sections 89-92):
- Provides for the continuation of incumbent officials until the expiration of their terms. (Section 89)
- Allows voters of the City of Lapu-Lapu to vote in the election of the Provincial Governor and members of the Provincial Board of Cebu. (Section 90)
- Maintains the city as part of the second representative district of Cebu until otherwise provided by law. (Section 91)
- Sets the effective date of the Act upon its approval. (Section 92)