AN ACT CREATING THE CITY OF MUNICIPALITY OF MANDAUE

Case Overview and Summary

Summary of Republic Act No. 5519 (Charter of the City of Mandaue)

Creation and Corporate Character of the City of Mandaue (Sections 1-7)
• Creates the City of Mandaue as a political body corporate with perpetual succession.
• Defines the territorial jurisdiction of the city, comprising the former Poblacion and various barrios of the Municipality of Mandaue.
• Grants the city general powers, including the ability to acquire and dispose of property, contract, sue and be sued, and exercise powers conferred by the Charter.
• Limits the city's liability for damages arising from the failure of officials to enforce laws or ordinances.
• Establishes the city's jurisdiction for police purposes and water supply protection.
• Grants the city the sole authority to reclaim foreshore lands within its jurisdiction.

The Mayor, Vice-Mayor, and Secretary (Sections 8-11)
• Establishes the Mayor as the chief executive of the city, elected at large by qualified voters.
• Outlines the qualifications, election, and duties of the Mayor, including enforcing laws, managing city property, and preparing the annual budget.
• Establishes the Vice-Mayor, elected in the same manner as the Mayor, to perform the duties of the Mayor in case of absence or incapacity.
• Provides for the succession of the Vice-Mayor's duties by a City Council member or the order of succession among councilors in case of vacancies.
• Establishes the position of Secretary to the Mayor, appointed by the Mayor, to have custody of city records and perform duties assigned by the Mayor.

The City Council (Sections 12-17)
• Establishes the City Council as the legislative body, composed of the Vice-Mayor as the presiding officer and eight councilors elected at large.
• Outlines the qualifications, election, suspension, and removal of City Council members.
• Establishes the position of Secretary of the City Council, appointed by the Mayor upon recommendation of the Council.
• Outlines the legislative procedure, including the enactment of ordinances, resolutions, and motions, and the Mayor's veto power.
• Grants the City Council legislative powers, including levying taxes, establishing and maintaining public services and facilities, and enacting ordinances for the general welfare of the city.
• Prohibits the erection of commercial signs, signboards, or billboards on public lands without permission.

Barrios as Quasi-Municipal Corporations (Sections 18-21)
• Defines barrios as quasi-municipal corporations organized under the Revised Barrio Charter (Republic Act No. 3590).
• Outlines the process for creating or changing the name of a barrio, subject to certain population requirements.
• Establishes the election, powers, and duties of Barrio Captains in accordance with the Revised Barrio Charter.
• Provides for special elections of Barrio officials if no regular election is held in January.

Departments and Offices of the City (Sections 22-29)
• Establishes the following city departments under the direct control and supervision of the Mayor: Finance, Engineering and Public Works, Law, Health, Police, Fire, and Assessment.
• Outlines the powers and duties of department heads, including preparing estimates, submitting reports, and performing duties assigned by law or ordinance.
• Provides for the appointment, removal, and salaries of city officials and employees.
• Prohibits city officers from engaging in certain transactions with the city or having financial interests in city contracts.
• Establishes the General Auditing Office, with a City Auditor appointed by the Auditor General.
• Outlines the jurisdiction and powers of the Director of Public Schools and the City Superintendent of Schools over city schools.
• Establishes the Bureau of Supply Coordination for purchasing and supplying materials and property for the city.
• Requires the City Superintendent of Schools to report quarterly on the condition of city schools and buildings to the Mayor.

Department of Finance (Sections 30)
• Establishes the City Treasurer as the chief fiscal officer and custodian of city funds.
• Outlines the powers and duties of the City Treasurer, including collecting taxes, fees, and other charges; purchasing and issuing supplies; accounting for city funds; and disbursing funds in accordance with appropriations.

Department of Engineering and Public Works (Sections 31-33)
• Establishes the City Engineer, who shall have charge of the department of engineering and public works.
• Outlines the powers and duties of the City Engineer, including surveying, preparing plans and estimates for public works, maintaining public buildings and facilities, and regulating private construction.
• Grants the city the authority to undertake and execute public works projects financed by city funds or borrowed funds, subject to the approval of plans and specifications by the Mayor and City Engineer.
• Provides for the appointment of assistant engineers, superintendents, and other employees to assist the City Engineer.

Law Department (Sections 34-35)
• Establishes the City Fiscal (City Attorney) and two Assistant City Fiscals, appointed by the President of the Philippines.
• Outlines the powers and duties of the City Fiscal, including representing the city in civil cases, prosecuting violations of city ordinances, and providing legal opinions to city officials.
• Grants the City Fiscal the additional powers and duties of a Provincial Fiscal, including prosecuting crimes and conducting investigations, until a separate City Attorney position is created.
• Provides for the appointment of assistants and clerks to assist the City Fiscal.

Department of Health (Section 36)
• Establishes the City Health Officer, who shall have charge of the department of health.
• Outlines the powers and duties of the City Health Officer, including supervising the health and sanitary conditions of the city, enforcing health laws and ordinances, and maintaining civil registers.
• Grants the Director of Health Services control over the city's health and sanitation services during epidemics or infectious disease outbreaks.

Police Department (Sections 37-39)
• Establishes the Chief of Police, appointed by the City Mayor, who shall have charge of the police department.
• Outlines the powers and duties of the Chief of Police, including quelling riots and disorders, arresting violators of laws and ordinances, and maintaining the city prison.
• Establishes the Chief of Police as the ex-officio Chief of the Secret Service, responsible for detective work and the detective force.
• Defines the powers and duties of peace officers, including the Mayor, Chief of Police, and members of the city police and detective force.
• Allows the Mayor to call upon the Philippine Constabulary or Armed Forces for assistance in maintaining law and order when necessary.

Fire Department (Section 40)
• Establishes the Chief of the Fire Department, appointed by the City Mayor, who shall have management and control over all matters relating to the fire forces.
• Outlines the powers and duties of the Chief of the Fire Department, including issuing regulations, controlling fire equipment, exercising police powers at fires, and inspecting buildings for fire safety.
• Grants the Chief of the Fire Department the power to supervise and regulate electrical installations and the manufacture, storage, and use of combustible materials and explosives.

Department of Assessment (Sections 41-68)
• Establishes the City Assessor, appointed by the City Mayor, who shall have charge of the department of assessment.
• Outlines the powers and duties of the City Assessor, including listing and valuing taxable real estate, examining ownership records, and administering oaths.
• Defines real estate exempt from taxation, including government-owned lands, churches, and properties used for religious, charitable, scientific, or educational purposes.
• Requires persons acquiring or improving real estate to submit a sworn declaration of the property's value within 60 days.
• Outlines the procedures for assessing and collecting real estate taxes, including the tax rate, payment deadlines, penalties for delinquency, and the seizure and sale of personal property for unpaid taxes.
• Establishes the process for redeeming seized real estate before and after sale, including the execution of a deed of final sale if not redeemed within one year.
• Allows for the enforcement of tax assessments through civil action in court.
• Establishes a City Board of Tax Appeals to hear and decide appeals from tax assessments.

Tax Allotments and Special Assessments for Public Improvements (Sections 69-82)
• Entitles the city to receive a share of internal revenue and other taxes collected by the National Government, equal to what it would receive if it were a regularly organized province.
• Grants the City Council the power to levy special assessments on lands benefiting from public improvements, up to 60% of the cost of the improvements.
• Outlines the procedures for levying and collecting special assessments, including the enactment of an ordinance, publication of notices, hearing of protests, and appeals to higher authorities.
• Provides for the disposition of special assessment proceeds, with collections for national public works to be turned over to the National Treasurer.

City Budget (Sections 83-85)
• Requires the City Treasurer to present a detailed statement of receipts and expenditures and an estimate of revenues for the ensuing fiscal year to the Mayor.
• Requires the Mayor to formulate and submit a detailed budget to the City Council at least 1.5 months before the beginning of the ensuing fiscal year.
• Allows for the adoption of supplemental budgets when necessary.
• Provides for the re-enactment of the previous year's appropriation ordinance if the City Council fails to enact a new one before the end of the current year.

The City Court (Sections 86-92)
• Establishes a City Court with three branches and three judges appointed by the President of the Philippines.
• Outlines the procedures for designating judges to handle specific cases, such as traffic cases and juvenile delinquency cases.
• Provides for the appointment of a clerk and employees of the City Court, with the clerk also serving as the sheriff.
• Defines the jurisdiction of the City Court, including civil and criminal cases, as well as expropriation, land registration, and cadastral cases.
• Outlines the procedures for prosecuting violations of laws and ordinances, preliminary examinations, and the collection and disposition of costs, fees, fines, and forfeitures.
• Establishes the procedures for committing persons to prison by sentence of the City Court.

Ownership of Waterworks System, Water Springs, Water Sources, Roads, Streets, etc. (Section 93)
• Grants ownership of all existing waterworks systems, water springs, water sources, roads, streets, bridges, docks, piers, wharves, machinery, equipment, and other public works improvements to the City of Mandaue, notwithstanding other existing laws.

Ownership of Lands of the Public Domain within the City and its City Waters (Section 94)
• Cedes ownership and possession of all foreshore lands and submerged lands of the public domain within the city and its municipal or city waters to the City of Mandaue.

Final and Transitory Provisions (Sections 95-101)
• Provides for the continuation of incumbent elective officials of the Municipality of Mandaue as officials of the City of Mandaue until their successors are elected and qualified.
• Transfers all assets and liabilities of the Municipality of Mandaue to the new city government.
• Maintains the validity of existing municipal ordinances, resolutions, orders, and regulations until repealed, modified, or superseded by the City Council.
• Prohibits qualified voters of the city from voting in elections for provincial offices of Cebu but allows them to be candidates for such offices.
• Applies the provisions of the Local Autonomy Act (Republic Act No. 2264) and the Decentralization Act of 1967 (Republic Act No. 5185) to the City of Mandaue when they enhance its autonomy but not when they diminish it.
• Maintains the City of Mandaue as part of the Second Representative District of the Province of Cebu until otherwise provided by law.
• Includes a separability clause and repeals all inconsistent laws, executive orders, administrative orders, and proclamations.
• Sets the effectivity date of the Act upon its approval.