AN ACT TO REVISE THE CHARTER OF THE CITY OF TACLOBAN

Case Overview and Summary

Summary of Republic Act No. 3068 (Revised Charter of the City of Tacloban)

Corporate Character and General Powers
- The City of Tacloban is a political body corporate with perpetual succession and municipal corporation powers. (Sec. 2)
- It has a common seal, can acquire property, contract, sue and be sued, and exercise powers conferred by the Charter. (Sec. 3)

Territory and Jurisdiction
- The city comprises the former Municipality of Tacloban in Leyte Province, divided into barrios. (Sec. 5)
- Its jurisdiction for police purposes extends to mid-channel of San Juanico Strait, 3 miles into San Pedro Bay, and areas affecting water supply. (Sec. 6)

The Mayor and Vice-Mayor
- The Mayor is the chief executive, elected at large for 4 years, with a salary of ₱9,600 per annum. (Sec. 7)
- The Vice-Mayor performs duties of the Mayor in case of absence or vacancy, elected same way as Mayor, with a salary not less than ₱4,800 nor more than ₱5,400 per annum. (Sec. 8)
- The Mayor has executive and administrative control over city departments, enforces laws, safeguards city property, collects taxes, institutes legal proceedings, and exercises powers prescribed by the Charter. (Sec. 9)

The Municipal Board
- The Municipal Board is the legislative body, composed of the Vice-Mayor as presiding officer and 8 councilors elected at large. (Sec. 11)
- Councilors must be qualified electors, residents for at least 2 years, and at least 23 years old. They can be suspended or removed like provincial officers. (Sec. 12)
- The Board has legislative powers including levying taxes, fixing fees, providing for public works and improvements, regulating businesses, and enacting necessary ordinances. (Sec. 15)

Barrio Councils
- Each barrio has a council composed of a barrio lieutenant, sub-lieutenant, and councilors for livelihood, education, and health, elected annually by residents. (Sec. 17)
- Barrio lieutenants assist the assigned councilor and perform duties in the barrio. (Sec. 18)
- There is a barrio police force appointed by the Mayor. (Sec. 19)

City Departments
- The city has departments of Finance, Engineering and Public Works, Law, Health, Police, Fire, and Assessment, headed by appointed officials. (Sec. 20)
- Department heads control their departments under the Mayor's supervision, prepare estimates, and submit reports. (Sec. 21)
- The President appoints the judge, treasurer, engineer, fiscal, police chief, health officer, assessor, fire chief, and school superintendent with consent of the Commission on Appointments. (Sec. 22)

Relation to National Government Bureaus
- The General Auditing Office audits city accounts. (Sec. 24)
- The Bureau of Public Schools has jurisdiction over city schools. (Sec. 25)
- The Register of Deeds of Leyte Province acts as City Register of Deeds. (Sec. 26)
- The Division of Purchase and Supply handles city purchases. (Sec. 27)

Department of Finance
- The City Treasurer is the chief fiscal officer, collects taxes and fees, administers markets and slaughterhouses, and disburses funds. (Sec. 29)

Department of Engineering and Public Works
- The City Engineer oversees surveying, public works, buildings, streets, parks, bridges, waterworks, sewers, and private construction. (Sec. 30)
- There is an Assistant City Engineer. (Sec. 31)
- Public works over ₱3,000 are awarded to the lowest bidder after public advertisement, unless executed by administration. (Sec. 32)

Law Department
- The City Fiscal and Assistant City Fiscals represent the city in legal matters, prosecute crimes, and advise the city government. (Sec. 33-34)

Department of Health
- The City Health Officer oversees public health, enforces sanitary laws, keeps civil registers, and manages puericulture centers. (Sec. 35)
- There is an Assistant City Health Officer. (Sec. 36)

Police Department
- The Chief of Police heads the police force, quells disorders, arrests violators, has police supervision, and manages the city prison. (Sec. 37)
- There is a Deputy Chief of Police and Chief of Secret Service. (Sec. 38-39)
- Peace officers can serve processes, arrest without warrant in certain cases, and exercise powers prescribed by law. (Sec. 40)

Fire Department
- The Chief of Fire Department manages the fire force, issues regulations, has police powers at fires, inspects buildings, supervises electrical installations, and regulates combustibles and explosives. (Sec. 41)
- There is a Deputy Chief of Fire Department and City Electrician. (Sec. 42-43)

Department of Assessment
- The City Assessor lists taxable real estate, values property, and applies exemptions. (Sec. 44)
- Real estate exemptions include government property, churches, charitable institutions, personal residences up to ₱400 value, and new machinery for 5 years. (Sec. 45)
- Procedures for assessment, appeals, and reassessment are prescribed. (Sec. 46-54)
- Real estate tax rate is up to 2% ad valorem, payable annually or semi-annually with penalties for delinquency. (Sec. 55)
- Provisions for seizure and sale of personal and real property for tax delinquency, redemption, and legal procedures are detailed. (Sec. 56-71)

Tax Allotments and Special Assessments
- The city receives a share of internal revenue and other taxes equal to what a province would receive. (Sec. 72)
- The Municipal Board can levy special assessments up to 60% of the cost of public works on benefited lands through prescribed procedures. (Sec. 73-85)

City Budget
- The Mayor submits an annual budget based on estimates from the Treasurer and department heads, not exceeding estimated revenues. (Sec. 86)
- Supplemental budgets can be adopted for special circumstances. (Sec. 87)
- If no appropriation ordinance is enacted, the previous year's ordinance is reenacted. (Sec. 88)

Municipal Court
- There is a Municipal Court with a judge, auxiliary judge, clerk, and sheriff, having jurisdiction over civil and criminal cases. (Sec. 89-91)
- Procedures for prosecutions, preliminary examinations, costs, fines, and imprisonment are prescribed. (Sec. 92-95)

Final and Transitory Provisions
- Incumbent officials continue until expiration of their terms. (Sec. 96)
- Voters can vote for Leyte's Provincial Governor and Board. (Sec. 97)
- Tacloban remains part of Leyte's first representative district and provincial capital until changed. (Sec. 98-99)
- Salaries are implemented by ordinance. (Sec. 100)
- Inconsistent laws are repealed. (Sec. 101)
- The Act takes effect upon approval. (Sec. 102)