AN ACT CREATING THE CITY OF GENERAL SANTOS

• Number: Republic Act No. 5412
• Sections: 107

Section 1 Title.

SECTION 1. Title.—This Act shall be known as the “Charter of the City of General Santos.”

Section 2 Territory of the City of General Santos.

SEC. 2. Territory of the City of General Santos.—The City of General Santos, which is hereby created, shall comprise the present territorial jurisdiction covering all the barrios and sitios comprising the Municipality of General Santos in the Province of South Cotabato, except the barrios and sitios of Upper Malungon, Tagaytay, Malalag-Cogon, Malungon, Diangan, Manteo, Lower Manteo, Mainit, Kiblat, Upper Mainit,Kabang, Kitakal, Lumabat,Cabatuan, Lutay, Tamban, Lampanal, Labay, Malandag, Alta-i, Lambatot and Lul.ay.

Section 3 Corporate Character.

SEC. 3. Corporate Character.—The City of General Santos, hereinafter called the city,constitute a political body corporate and as such is endowed with the attribute of perpetual succession and possessed of the powers which pertain a municipal corporation, to be exercised in conformity with the provisions of this Charter.The provisions of this Charter shall be liberally construed in favor of the city, to the end that it may have all the necessary powers for the efficient conduct of its city affairs.The specific mention of particular powers in other sections Charter shall not be construed as limiting the powers of the city in the premises to those thus mentioned.

Section 4 Seal and General Powers.

SEC. 4. Seal and General Powers.—The City shall a common seal, and may alter the same at pleasure may take, purchase, receive, hold, lease, convey, and pose of real and personal property for the general inter of the city, condemn private property for public use tract and be contracted with, sue and be sued, prosecute as well as defend to final judgment and execution, actions where its interests are involved, and exercise all the powers hereinafter conferred.

Section 5 The City not liable fordamages.

SEC. 5. The City not liable fordamages.—Theft shall not be liable or held for damages or injuries to persons or property arising from the failure of the City Mayor the City Council, or any other city officer or employee, to enforce the provisions of this Charter, or of any law or ordinance, or from the negligence of said Mayor, city council or other city officers or employees while enforcing or attempting to enforce said provisions:Provided, however, That nothing herein contained shall prevent any aggrieved party from filing a personal action in the proper com against any official or employee of the city government any act or omission in the performance of his duties.

Section 6 Police jurisdiction of the City.

SEC.6. Police jurisdiction of the City.—The jurisdiction of the City for police purposes shall be co-extensive with its territorial jurisdiction and shall extend to three miles from the snores of the city; and for the purpose protecting and insuring the purity of the water supply the city, such police jurisdiction shall also extend over all territories within the drainage area of such water supply or within five-hundred meters of any reservoir, canal, aqueduct, or pumping station used in connection the water service.The City Court shall have concurrent jurisdiction with the municipal courts of the respective municipalities to try crimes and misdemeanors committed within said drainage area, or within said spaces of five hundred meters. The courts first taking jurisdiction of such an offense shall thereafter retain exclusive jurisdiction thereof. The police forces of the several municipalities concerned shall have concurrent jurisdiction with the force of the city for the maintenance of order and the enforcement of ordinances throughout said zone, area aces.But any license that may be issued within

said zonearea or spaces shall be granted by the proper authorities of the municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said municipality concerned and not to that of the city.

Section 7

SEC. 7. Income, receipts and profits derived from sale and/ or administration of alienable and disposable lands of the public domain.—All incomes, receipts and profits ded from the sale, disposition and/or administration of alienable and disposable lands of the public domain within the City shall accrue to the city notwithstanding any provision of law to the contrary.

Section 8

SEC. 8. The Mayor,—The Mayor shall be the chief executive of the city.He shall be elected at large by the qualified voters of the city.No person shall be eligible for the position of mayor unless at the date of the election he is at least twenty-five years of age, a resident of the city or at least two years prior to his election, and a qualified voter therein.He shall hold office for four years until his

successor shall have been duly elected and qualified, unless sooner removed for cause, and shall receive a salary of ten thousand eight hundred pesos per centum and a "Mutable house allowance of five hundred pesos monthly.

Section 9 The Vice-Mayor.

SEC. 9. The Vice-Mayor.—There shall be a vice-mayor hall perform the duties and exercise the powers of mayor, in the event of the death, sickness, absence or temporary incapacity of the mayor, or in the event definite vacancy in the position of mayor, until said shall be filled, in accordance with law. The Vice-Mayor shall be elected in the same manner as the City Mayor and shall possess the same qualifications as the latter. If, for any reason, the vice-mayor is temporarily incapacitated for the performance of the duties of the City Mayor, or said office of the vice-mayor is vacant, the duties and powers of the mayor shall be performed and executive a member of the City Council who obtained the highest number of votes during the elections for members City Council. Whenever the vice-mayor performs the duties and exercises the powers of the mayor, he automatically ceases to be the presiding officer of the City Council. Where a member of the city council exercises the functions of the vice-mayor, said member ceases temporarily to take part in the deliberations of the city council except to preside.Where the offices of the city mayor and the vice-are left vacant by virtue of the death or permanent d ability of the incumbents, vacancies shall be filled in the manner provided by existing law.

The vice-mayor shall perform such other duties as may be assigned to him by the mayor or prescribed by law or ordinance. He shall receive a salary of nine thousand pesos per annum, notwithstanding any provisions of law to the contrary.

Section 10 General powers and dutiesof the Mayor.

SEC. 10. General powers and dutiesof the Mayor.—The mayor shall have immediate control over the executive and administrative functions of the different departments of the city.He shall have the following general powers and duties:

(a)To comply with and enforce and give the necessary orders for the faithful enforcement and execution of laws and ordinances in effect within the jurisdiction the city;

(b) To safeguard all the lands, buildings, records, moneys, credits, and other property and rights of the city, and, subject to the provisions of this Charter, have control over

all its property;

(c)To see that all taxes and other revenues of the city are collected and applied in accordance with appropriations to the payment of the municipal expenses;

(d) To cause to be instituted judicial proceedings to recover property and funds of the city whenever found, to cause to be defended all suits against the city, and otherwise to protect the interests of the city;

(e)To see that the executive officers and employees of the city properly discharge their respective duties.The mayor, may, in the interest of the service and subject to the

provisions of existing law, transfer officers and employees not appointed by the President of the Philippines from one section, division, or service to another section, division, or service within the same department without changing the

compensation they receive;

(f)To examine and inspect the books, records and papers of all officers, agents, and employees of the city over whom he has executive supervision and control whenever occasion arises and at least once a year.For this purpose he shall be provided by the city council with such clerical or other assistance as may be necessary;

(g)To give such information and recommend such measures to the City Council as he shall deem advantageous to the city;

(h) To attend, if he wishes to do so, either in person or by a duly authorized representative, the session of the City Council, and participate in its discussions, but not to vote;

(i) To represent the city in all its business matters, and n on its behalf all its bonds, contracts, and obligations made in accordance with law or ordinance;

(j) To submit to the City Council at least two months ore the beginning of the ensuing fiscal year a budget of receipts and expenditures of the city;

(k) To receive, hear, and decide as he may deem proper,the petitions, complaints, and claims of the residents concerning all classes of municipal matters of an administrate or executive character;

(l) To grant or refuse municipal licenses or permits of all classes and to revoke the same for violation of the conditions upon which they were granted, or if acts by law or city ordinance are being committed under protection of such licenses or in the premises in which the business for which the same has been granted is carried on, or for any other good reason of general interest;

(m)To exempt, with the concurrence of the superintendent of schools, deserving poor pupils from the payment of school fees or of any part thereof;

(n)To take such emergency measures as may be necessary to avoid fires and floods, and to mitigate the effects storms and other public calamities; and

(o)To perform such other duties and exercise such other powers as may be prescribed by law or ordinance.

Section 11 Secretary to the Mayor.

SEC. 11. Secretary to the Mayor.—The mayor shall appoint one secretary who shall have the rank of a depart­ment head and who shall have charge and custody of all records and documents of the city and of any office or department thereof for which provision is not otherwise made; shall keep the corporate seal and .affix the same with his signature to all ordinances and resolutions signed by the mayor and all other official documents and papers of the government of the city as may be required by law or ordinance; shall attest all executive orders, proclamations, ordinances and resolutions signed by the Mayor, and shall perform such other duties as the mayor may require of him; shall upon request, and upon payment of the prescribed fees, furnish certified copies of all city records and documents in his charge which are not confidential in nature.

He shall also perform such duties as are required by the heads of departments of the city government by Section nineteen hereof.The position of the secretary shall be regarded as within the unclassified civil service but may filled in the same manner in which classified position filled, and if so filled, the appointee shall be entitled to all the benefits and privileges of classified employees, except that he holds office only during the term of the appointing mayor, and until a successor in the office of the

secretary is appointed and qualified, or unless sooner separated. He shall receive a salary of five thousand four hundred pesos per annum notwithstanding any provision of law to the contrary.

Section 12 Constitution and organization of the city council.

SEC. 12. Constitution and organization of the city council.—The city council shall be the legislative body of the city and shall be composed of the vice-mayor who shall be the presiding officer and twelve councilors who shall be elected at large by the qualified voters of the city during every election for provincial and municipal officials in conformity with the provisions of the Revised Election Code. The vice-mayor shall have no right to vote except in case of tie.

If the vice-mayor or a member of the city council shall be a candidate for office in any election, he shall be disqualified to act with said body in the performance of the duties thereof relative to such election, and if, for such reason, the number of members should be unduly reduced, the mayor shall appoint any qualified voter of the city to act in his place in such matters. The members of the city council shall each receive a salary of seven thousand two hundred pesos each per annum notwithstanding any provision of law to the contrary.

Section 13 Qualifications, election, suspension and removal of members.

SEC. 13. Qualifications, election, suspension and removal of members.—The members of the city council shall, at the date of their elections, be qualified electors of the city, residents thereof for at least two years immediately nor to their election and not less than twenty-five years of age. Such members may be suspended or removed from office under the same circumstances, in the same manner, and with same effect, as elective provincial officers, and the provisions of law governing the suspension or removal elective provincial officers are hereby made applicable in the suspension or removal of said members.

Elections for members of the council shall be held on the date of the regular election for provincial and municipal offices, and elected members shall assume office on the first day of January next following their election, upon qualifying and shall hold office for four years and until their successors shall have been duly elected and qualified twelve candidates receiving the greatest number of shall be declared elected.

A vacancy in the city council shall be filled in accordance with the provisions of existing law.

Section 14 Secretary of the city council.

SEC. 14. Secretary of the city council.—The city council shall have a secretary, who shall be elected by it to service during the term of office of the members.A vacancy in the office of secretary shall be filled temporarily or for the unexpired term in like manner.

The secretary shall be in charge of the records of the city council.He shall keep a complete record of the proceed­ings of the council, and file all documents relating thereto; shall record, in a book kept for that purpose, all ordinances and all resolutions and motions directing the payment of money or creating liability, enacted or adopted by the council with dates of passage of the same, and of the publication of ordinances, shall keep a seal, circular in form with inscription "City Council—City of General Santos", in the center of which shall be placed the 'Coat of Arms' of the city, and affix the same, with his signature, to all ordinances and other official .acts of the council, and shall present the same for signature to the presiding officer; shall cause each ordinance passed to be published as herein pro­vided; shall upon request, and upon payment of the prescribed fee, furnish certified copies of all records of public character in his charge under the seal of his office, and shall keep in his office all records therein which are not confidential in nature, open to public inspection during usual business, hours.The compensation of the secretary shall be five thousand four hundred pesos per annum no withstanding any provision of law to the contrary.

Section 15 Legislative procedure.

SEC. 15. Legislative procedure.—The city council shall hold two regular sessions for the transaction of business during each week on days which it shall fix by resolution, and such special sessions as may be necessary for the public interest, as may be called by the mayor.It shall sit with open doors unless otherwise ordered by the affirmative vote of a majority of all the members.It shall keep a record of all its proceedings and determine its rules procedure not herein set forth.A majority of all the hers of the city council shall constitute a quorum for transaction of business, but a smaller number may adjourn from day to day and may compel the immediate attendance of any member who is absent without good cause issuing to the police of the city an order for his arrest production at the session under such penalties as shall have been previously prescribed by ordinance. The affirmative vote of a majority of all the members shall be necessary for the passage of any ordinance or of any resolution or motion directing the payment of money or creating liability, but other measures shall prevail upon the majority s of the members present at any session duly called and . The ayes and nays shall be taken and recorded upon the passage of all ordinances, upon all resolutions or motions directing the payment of money or creating liability, and at the request of any member, upon any other resolution or motion.Each approved ordinance, resolution or motion shall be sealed with the seal of the City Council and recorded in a book kept for the purpose and shall, on the day following its passage be posted by the secretary at main entrance of the city hall and in at least two other public places, and shall take effect and be in force on and after the tenth day following its passage unless otherwise stated in said ordinance, resolution or motion, or vetoed by the mayor as hereinafter provided. A vetoed ordinance, if re passed, shall take effect ten days after the veto is overridden by the required votes unless otherwise stated in the ordinance, resolution or motion, or again disapproved by the mayor within said time.

Each ordinance and each resolution or motion directing payment of money or creating liability, enacted or adopted by the city council shall be forwarded to the mayor for his approval.Within ten days after the receipt of the ordinance, resolution or motion, the mayor shall return it with his approval or veto.If he does n it within that time, it shall be deemed approved returns it with his veto, his reason therefor in writing shall accompany it.It may then again be enacted by two-thirds affirmative votes of all the members of the council, and again forwarded to the mayor for his approval. If within said time he again returns it with his vet shall be forwarded forthwith to the President for his approval or disapproval which shall be final.

The mayor shall have the power to veto any particular item or items of .an appropriation ordinance, or of a ordinance, resolution or motion directing the payment i money or creating liability, but the veto shall not affect the item or items to which he does not object.The item or items objected toshall not take effect except in t. manner heretofore provided in this section as to ordinances, resolutions or motions returned to the council with hi veto; but should an item or items in appropriation ordi­nance be disapproved by the mayor, the corresponding item or items in the appropriation ordinance of the previous year shall be deemed reenacted.

Section 16 Legislative powers.

SEC. 16. Legislative powers.—Except as otherwise provided by law, and subject to the conditions and limitations thereof, the city council shall have the following legislative powers:

(a) To provide for the levy and collection of taxes general and specific purposes in accordance with law, including specifically the power to levy real property tax not

to exceed one and one-half per centum ad valorem: Provided, That the said maximum rate of one and one per centum shall not be imposed during the first five years of the effectivity of this Act;

(b) To fix the number and salaries of officials employees of the city not otherwise provided for in this Act;

(c) To fix the schedule of fees and charges for all services rendered bythe city or any of its departments, branches or officials;

(d) To provide for the erection and maintenance or the rental, in case of need, of the necessary buildings for the use of the city.

(e) To provide for the establishment and maintenance public schools;and,except as otherwise provided by law, to fix, with the approval of the Director of Public

tools and/or Vocational Education, reasonable matriculation and/or tuition fees for intermediate and secondary instruction therein and to acquire sites for schoolhouses for primary and intermediate classes through purchases or conditional or absolute donation;

(f) To establish and maintain or aid in the establishment and maintenance of vocational schools and institutions of higher learning conducted by the National Government or any of its subdivisions, or agencies; and, with the approval of the Director of Vocational Education, to fix reasonable tuition fees for instruction in the vocational schools and in the institutions of higher learning supported by the city;

(g) To provide Tor and maintain an efficient police force for the maintenance of law and order in the city, and make all necessary police ordinances, with a view to the

confinement and reformation of vagrants and juvenile delinquents, disorderly persons, mendicants, prostitutes, and persons convicted for violating any of the ordinances of the city;

(h) To maintain the city court established by law h shall have jurisdiction of all criminal cases under finances of the city, and such additional jurisdictions may be herein or hereafter conferred;

(i) To provide for and maintain a city fire department and to establish and maintain engine houses, fire engines, trucks, hooks, and ladders, and other equipment for

prevention and extinguishment of fires, and to regulate the management and use of the same;

(j) To establish fire zones, determine the kind of buildings or structures that may be erected within their regulate the manner of constructing and repairing the and fix the fees for permits for the construction or demolition of buildings and other structures;

(k) To regulate the use of lights in stables, shops and other buildings and places, and to regulate and restrict the issuance of permits for the building of bonfires rockets, and other pyrotechnic display, and to fix the fees for such permits;

(1) To make regulations to protect the public from con­flagrations and to prevent and mitigate the effects of mine, floods, storms and other public calamities, and pro­vide relief for victims thereof;

(m)To tax, regulate and fix the amount of the license fees for the following; hawkers, peddlers, hucksters, not including hucksters or peddlers who sell only native vegetables, fruits, or foods, personally carried by the hucksters or peddlers, barbers, collecting agencies, manicurists, hair­dressers, tattooers, jugglers, acrobats, wrestlers and boxers; shooting galleries, slot machines, merry-go-rounds ant other similar riding devices, and the keeping, preparation, and sale of meat, poultry, fish, game, butter, cheese, lard, vegetables, bread, and other provisions; and to impose it municipal occupation tax, not to exceed fifty pesos per annum, on lawyers, physicians, land surveyors, architects, certified public accountants, agricultural, geodetics, industrial management, civil, electrical, chemical,mechanical or mining engineers, electronics engineers, veterinarians, dentists, opticians and optometrists, insurance agents sub-agents, business agents and business consultants, professional appraisers or connoisseurs of tobacco, or other domestic or foreign products, music teachers, piano tuners, nurses, midwives, auctioneers, plumbers, electrical contractors, building contractors, masseurs, physical culture instructors, chiropodists, money changers, real estate, commercial and other brokers, salesmen, detailmen, hostesses, and persons engaged in the transportation of passengers or freight by hire, including common carriers and transportation contractors: Provided, That persons exercising their professions or occupation only as salaried employees and not as independent practitioners shall be exempt from the municipal occupation tax herein prescribed;

(n) To tax, fix the license fee and regulate the business of hotels, restaurants, refreshment places, cafes, lodging houses, brewers,distillers,rectifiers, laundries,dye-and cleaning establishments, beauty parlors, physical or beauty culture, and fashion schools, clubs, livery garages, public warehouses,pawnshops,theaters,cinematographs, and the letting or subletting of lands and buildings, whether used for commercial, industrial or residential purposes; and further to fix the location of, and to lax, the license fee on, and regulate the business of, livery stables, boarding stables, embalmers, public billiard tables, public pool tables, bowling alleys, dance halls, public dancing halls, cabarets, night clubs, and day clubs, circuses and other similar parades, public vehicles, public ferries, cockpits, dealers in second hand materials or merchandise, junk dealers, theatrical performances, boxing contests, public exhibitions, blacksmith shops, foundries, steam boilers, lumberyards, shipyards, the storage and sale of gunpowder, tar, pitch, resin, coal, oil, gasoline, benzine, turpentine, hemp, cotton, nitroglycerin, petroleum,or any of the products hereof, and of all other highly combustible or explosive materials, and other establishments likely to endanger, the public safety or give rise to conflagrations or explosions and, subject to the provisions of law, tanneries, fats and oil, factories, tallow chandleries, bone factories, soap factories; Provided, That no license shall be granted to any theater or cinematography unless the applicant for said license agrees to exhibit pictures made in the Philippines extent of five per centum of their annual exhibitions: And provided, further, That any violation of this condition cause the revocation of said license;

(o) To tax and fix the license fees on printers o binders or both, tailor shops, milliners, manufacturers of jewelry, embroideries, sails or awnings or both, rope, paper, leather goods including shoes, slippers, sandals nesses and valises or bags, sporting goods, plastics and celluloid products, hardware including glassware cooking utensils, electrical goods, toilet articles, paints, 'dyes inks, textiles, shell lamps or lamp shades or both, statuettes or tombstones or both, sacks, furniture of all kinds, including rattan goods, wire, brass, beds or both, clothing, hats, eyeglasses, or optical goods or both, fertilizers or buttons.

Manufacturers above-mentioned shall not be subject t the payment of any municipal tax or license fees as retail dealers of their own products: Provided, That any manufacturing conducted solely by the immediate members of a family at their own home shall not be subject to any lax or license fee.

(p) To tax and fix the license fee on dealers in gen­eral merchandise, including importers and indentors, except those dealers who may be expressly subject to the payment of some other municipal tax under the provision.of this section.

Dealers in general merchandise shall be classified as: 1) wholesale dealers, and 2) retail dealers.For purposes of the tax on retail dealers, general merchandise shall be classified into four main classes, namely: 1) luxury articles 2) semi-luxury articles; 3) essential commodities; and miscellaneous articles.A separate license shall be prescribed for each class but where commodities of different classes are sold in the same establishment, it shall not compulsory for the owner to secure more than one lice if he pays the higher or highest rate of tax prescribed ordinance.Wholesale dealers shall pay the license tax such, as may be provided by ordinance.

For purposes of this section, the term "general merchandise" shall include poultry and livestock, agriculture products, fish and other allied products.

(q) To tax, fix the license fee on the sale, trading in or disposal of alcoholic or malt beverages, wines, and mixed or fermented liquors, including tuba, basi, tapuy, lambanog, offered for retail sale;

(r) To impose a tax on all products or commodities manufactured or produced in the city and removed therefrom

.

(s) To impose a sales tax of not exceeding oneper centum of the gross value in money of all articles sold, bartered, exchanged or transferred within the city;

(t) To regulate the method of using steam engines and boilers, and all other motive powers other than marine, or belonging to the Government of the Philippines; to provide for the inspection thereof, and fix a reasonable fee for such inspection and to regulate and fix the fee for the licenses of the engineers engaged in operating the same;

(u) To provide for the prohibition and suppression of riots, affrays, disturbances, and disorderly assemblies; houses of ill fame and other disorderly houses, gaming houses, gambling and all fraudulent devices for the purpose of obtaining money or property; prostitution, vagrancy, intoxication, fighting, quarreling, and all disorderly conduct; and printing, circulation, exhibition, possession or sale of obscene pictures, books or publications thereof; and for the maintenance and preservation of peace and good morals;

(v) To prohibit, regulate and fix the license fees for e keeping of dogs, and to authorize their impounding and destruction when running at large contrary to ordinances, and to tax and regulate the keeping or training of fighting cocks;

(w) To establish and maintain municipal pounds; to regulate, restrain, and prohibit the running at large of domestic animals, and provide for the distraining, impounding sale of the same for the penalty incurred and the cost of the proceedings; and to impose penalties upon the owners of said animals for the violation of any ordinance

relation thereof;

(x)To prohibit,and provide for the punishment cruelty to animals;

(y)To require property owners by ordinance to construct or repair,at their expense, sidewalks along the street or streets adjacent to their lots in accordance the specifications of the city engineer as to quality and grade, and subject to his supervision and approval: Provided, That in case of failure or inability of the property owners to comply with the requirement within a specified period of time after demand, the city engineer shall cause the work to be done and the cost thereof, collect as a special assessment from such owners, who may choc to pay the same in full, or in ten equal installments which shall be due and payable to the City of General Santos in the same manner as the annual tax levied on real estate and shall be made subject to the same penalties foe delinquency, and enforceable by the same remedies, as such annual tax; and all said sums and amounts shall, from the day in which they are assessed, constitute liens on the property against which the same were assessed, and shall take precedence over any and all other liens which may exist upon such property excepting only such as may have been attached as a result of the nonpayment of said annual tax:

(z) To regulate the inspection, weighing and measur­ing of brick, lumber, coal and other articles or merchandise;

(aa)Subject to the provisions of existing law, to provide for the laying out, construction and improvement, and regulate the use of streets,avenues,alleys,sidewalk wharves, piers, parks, cemeteries, and other public place to provide for lighting, cleaning and sprinkling of streets and public places; to regulate, fix license fees for and prohibit the use of the same for processions, signs, signposts awning, awning posts, and the carrying or displaying of banners, placards,, advertisements, or handbills, or the flying of signs, flags or banners, whether along, across, over, or from buildings along the same; to prohibit the placing, throwing, depositing, or leaving of obstacles of any kind,

garbage, refuse, or other offensive matters liable to cause damage in the street and other public places, and to provide the collection and disposition thereof; to provide the inspection of, fix the license fees for, and regulate openings in the same for the laying of water, sewer and other pipes, building and repair of tunnels, sewers and drains, and all structures in and under the same, and erecting of poles and stringing of wires thereon; to provide for, and regulate crosswalks,curbs and gutters herein; to name streets without a name and provide for, and regulate the numbering of houses and lots fronting hereon, or in the interior of the blocks; to regulate traffic and sales upon the streets and other public places; to provide forthe abatement of nuisances in the same, and punish the authors or owners thereof; to provide for the construction and maintenance andregulate theuseof bridges, viaducts, and culverts; to prohibit and regulate ball playing, kite playing, hoop rolling, and other amusements which may annoy persons using the streets and public places, or frighten horses or other animals, or obstruct other vehicles; to regulate the speed of horse and other animal-driven vehicle within the limits of the city;

(bb) To provide for the construction and maintenance of, and regulate the navigation on, canals, and watercour­ses within the city, and provide for the cleansing and purification of the same; unless otherwise provided by law, o provide for the construction and maintenance, and relate the use of public landing places, wharves,piers, docks and levees, and those of private ownership; and to provide for, or regulate the drainage and filling of private premises when necessary in the enforcement of sanitary les and regulations issued in accordance with law. To undertake and carry out the reclamation of submerged land the sea adjoining the city limits at the expense of the city, the area thus reclaimed to belong exclusively to city, or to cause to be undertaken by private contractors such reclamation work on terms and conditions approved by the city council and the mayor;

(cc) Subject to the provisions of existing law, to fix the charges to be paid by all water craft landing using public wharves, docks, levees, or landing places owned, operated, managed or controlled by the city;

(dd)Any provisions of law to the contrary notwithstanding, to provide for the maintenance of waterworks for the purpose of supplying water to the inhabitants the city, and for the purification of the source of water supply and the places through which the same passes to regulate the consumption and use of water; to fix subject to the provisions of the Public Service Law, and provide for the collection of rents therefor, and to regulate the construction, repair and use of hydrants, pumps, cis­terns and reservoirs;

(ee) To provide for the establishment, maintenance, and to regulate the use of public drains, sewers, latrines and cesspools;

(ff) Subject to existing rules and regulations issued in accordance with law, to provide for the establishment, maintenance, and to fix the fees for the use of, and regulate public stables, laundries and baths, and public markets, and prohibit the establishment or operation within the city limits of public markets by any person, entity, association, or corporation other than the city;

(gg)To establish or authorize the establishment of slaughterhouses, to provide for their veterinary or sanitary inspection, to regulate the use of the same, and to charge reasonable slaughter fees.No fees shall be charged f veterinary or sanitary inspection of meat from large cattle or other domestic animals slaughtered outside the city, when such inspection was had at the place where the animals were slaughtered;

(hh) To regulate, inspect and provide measures venting any discrimination or the exclusion of any race or races in or from any institution, establishments, or service open to the public within the city limits, or m sale and supply of gas or electricity, or in the telephone service to fix and regulate charges therefor where the same has not been fixed by national law, to regulate and provide for the inspection of all gas, electric and telephone conduits,mains, meters and other apparatus, and provide the condemnation, substitution or removal of the same when defective or dangerous;

(ii) To declare, prevent .and provide for the abatement of nuisances; to regulate the ringing of bells and the making of loud or unusual noises; to provide that owners, agents or tenants of buildings or premises keep and maintain the same in sanitary condition, and that, in case of failure to so within sixty days from the date a written notice is served, the city health officer shall cause the same to be kept in a sanitary condition, and the cost thereof to be assessed against the owner to the extent of not to exceed sixty per centum of the assessed value, which cost shall constitute a lien against the property; and to regulate and/ or prohibit, or fix the license fees for the use of property on or near public ways, grounds, or places, or elsewhere within the city, or display by electric signs or the erection or maintenance of billboards or structures of whatever materials erected, maintained, or used for the display of posters, signs or other pictorial or reading matter, except signs displayed at the place or places where the profession or business advertised thereby is in whole or in part conducted;

(jj) To provide for the enforcement of the rules and regulations issued by the Director of Health Services; and by ordinance to prescribe penalties for violation of such rules and regulations;

(kk) To extend its ordinances over all waters within the city, .and over any boat or other floating structures thereon, and for the purpose of protecting and insuring

the purity of the water supply of the city, over all territory within the drainage area of such water supply, and within five hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service;

(ll)To regulate any other business or occupation conducted within the city not specifically mentioned the preceding paragraphs, and to impose a license fee all persons engaged in the same or who enjoy privileges in the city;

(mm) To fix and regulate the size, speed, and operation of motor and other vehicles within the city; to regulate the lights used on such vehicles; to establish bus stops and terminals; and prohibit and regulate the entrance provincial public utility vehicles into the city, except those passing through the city;

(nn)To grant fishing and fishery privileges subject to the provisions of the Fisheries Act;

(oo) To fix the date of holding of a fiesta in the city not oftener than once a year and to alter, not oftener than once in three years, the date fixed for the celebration thereof;

(pp) To enact all ordinances it may deem necessary and proper for the sanitation and safety, the furtherance of the prosperity, and the promotion of the morality, peace, good order, comfort, convenience, and general welfare of the city .and its inhabitants, and such others as may be necessary to carry into effect and discharge the powers and duties conferred by this Charter; and to fix penalties for the violation of ordinances, which shall not exceed a two hundred pesos fine or six months imprisonment, or both such fine and imprisonment, for a single offense;

(qq) Subject to the provisions of existing law, to exercise the power eminent domain for the following purposes the construction or extension of roads, streets, sidewalks, boulevards, seawalls, bridges, ferries, levees, wharves, or piers, airfields; the construction of public buildings, eluding schoolhouses, and the making of necessary improvements in connection therewith; the establishment of parks, playgrounds, plazas, market places, artesian wells, o terns for the supply of water, irrigation canals and dams, and establishment of nurseries, breeding stations for animals, health centers, hospitals, cemeteries, drainage systems, cesspool, or sewage systems and abattoirs; and

(rr) To dispose by lease or otherwise all lands of the public domain ceded to it by the National Government pursuant to the provisions of this Charter.

Section 17 Restrictive provision.

SEC.17. Restrictive provision.—No commercial sign, signboard, or billboard shall be erected or displayed on public lands, premises or buildings.If, after due investigation, and having given the owners an opportunity to be Lord the mayor shall decide that any sign, signboard, or billboard displayed or exposed to public view is offensive to the sight or is otherwise a nuisance, he may order the removal of such sign, signboard or billboard, and if same is not removed within ten days from receipt of the order issued by him, he may himself cause its removal, and the sign, signboard, or billboard shall thereupon be forfeited to the city and the expenses incident to the removal of the same shall become a lawful charge against any person or

property liable for the erection or display thereof.

Section 18 City Departments.

SEC. 18. City Departments.—There shall be the following city departments over which the mayor shall have direct control and supervision, notwithstanding any existing law to the contrary:

1. Department of Finance

2. Department of Engineering and Public Works

3.Law Department

4.Prosecution Department

5. Department of Health

6. Police Department

7. Fire Department

8. Department of Assessment

Consistent with law, the city council may, from time to time, make such readjustment of the duties of the several departments as the public interest may demand, and with

the approval of the City Mayor, may create, merge and/ or consolidate any department,division or office city with any other department, division or office

Section 19 Powers and duties of heads of department.

SEC. 19. Powers and duties of heads of department.— Each head of department of the city government shall be in control of such department and shall possess such n as may be prescribed herein or by ordinance. He certify to the correctness of all payrolls and vouchers his department covering the payment of money before payment, except as herein otherwise expressly provided, least four months before the beginning of each fiscal year he shall prepare and present to the mayor an estimate of the appropriation necessary for the operation of his department for the ensuing fiscal year,and shall submit therewith such information for purposes of comparison as the mayor may desire.He shall submit to the mayor as often as required reports covering the operation of his department.

In case of absence, sickness or inability to act for any other reasons of the head of any of the city departments, or in case of temporary vacancy, the officer next in rank of that department shall act in his place with authority to sign all necessary papers, vouchers, requisitions and simi­lar documents.

Section 20 Appointment and removal of officials and employees.

SEC. 20. Appointment and removal of officials and employees.—The President of the Philippines, with the consent of the Commission on Appointments,shall appoint the city judges and the auxiliary judges of the city; city treasurer, the city engineer, the city fiscal and assistants, the city health officer, and the city superintendent of schools.Said officers shall not be suspended removed except in the manner and for causes provided law. Subject to the provisions of the Civil Service

the mayor shall appoint all other officers and employee paid out of city funds, ,and they shall be suspended or removed in accordance with law.

Section 21 Officers not to engage in certain transaction.

SEC. 21. Officers not to engage in certain transaction.— It shall be unlawful for any city officer, directly or indirectly, individually or as a member of a firm, to engage in any business transaction with the city, or with any of its authorized officials, boards, agents, or attorneys, whereby is to be paid, directly or indirectly, out of the resources of the city to such person or firm; or to purchase any real estate or other property belonging to the city, or which shall be sold for taxes or assessments, or by virtue legal process at the suit of the city; or to be surety for any person having a contract or doing business with the for the performance of which security may be required; or to be surety on the official bond of any officer of city; and shall not be financially interested in any trans­ition or contract in which the national government or any subdivision or instrumentality thereof is an interested party.

Section 22 Statement of Assets.

SEC. 22. Statement of Assets.—Before assuming office, every official and regular or temporary employee of the city government shall file a sworn statement of his assets and property holdings.

Section 23 The City Treasurer—His powers and compensation.

SEC. 23. The City Treasurer—His powers and compensation.—There shall be a city treasurer who shall have charge of the department of finance and shall act as chief fiscal officer and financial adviser of the city and custodian of its funds, He shall receive a salary of twelve thousand pesos per annum, notwithstanding any provision of law to the contrary, lie shall have the following general powers and duties:

(a) To collect all taxes due the city,all licenses authorized by law or ordinance, all rents due for lands, markets and other properties owned by the city, all further charges of whatever nature fixed by law or ordinance; hall administer markets and slaughterhouses, and shall receive and issue receipts for all costs, fees, fines and forfeitures imposed by the city court;

(b) To collect all miscellaneous charges made by the engineering department and by the other departments of the city government, and all charges made by the city engineer for inspections, permits, licenses and the installations, maintenance, and services rendered in the operation of the private privy system;

(c) Unless otherwise specifically provided by law or resolution, to perform in and for the city the duties imposed by law or resolution upon provincial treasurers in general as well as other duties imposed upon him by;

(d) To purchase and issue all supplies, equipment or other property required by the city, through the purchasing agent, or otherwise, ,as may be authorized, subject the general provisions of law relating thereto

(e) He shall be accountable for all funds and property of the city and shall render such accounts in connection therewith as may be prescribed by the Auditor General-

(f) To deposit daily all city funds and collections in any bank duly designated as government depository; and

(g)To disburse the funds of the city in accordance with duly authorized appropriations, upon properly executed vouchers bearing the approval of the chief of the department concerned, and on or before the twentieth day of each month he shall furnish the mayor and the city council for their information, a statement of the appropriation,

expenditures and balances of all funds and accounts as of

the last day of the month preceding.

Section 24 The City Engineer —His powers,duties and compensation.

SEC.24. The City Engineer —His powers,duties and compensation.—There shall be a city engineer who shall have charge of the department of engineering and public works.He shall receive a salary of twelve thousand pesos per annum, notwithstanding any provision of law to the contrary.He shall have the following powers and ties:

(a)To have charge of all the surveying and engineering works of the city; care, cleaning and sprinkling of streets,canals and esteros,parks andpublic grounds, bridges, playgrounds and recreation centers, and shall perform such services in connection with public improvements, or any work entered upon or projected by the city, or any department thereof, as may require the skill and experience of a civil engineer;

(b) To ascertain, record, and establish monuments of the city survey and from thence extend the survey of the city, and locate, establish and survey all city properties; L private properties abutting on the same whenever died by the mayor;

(c) To prepare and submit plans, maps, specifications and estimates for buildings,streets, bridges,docks and other public works, and supervise the construction and repair of the same;

(d) To make such tests and inspection of engineering materials used in construction and repair as may be necessary to protect the city from the use of materials of a

poor or dangerous quality;

(e) To have the care of all public buildings when erected, including markets and slaughterhouses, and buildings rented for city purposes, and of any system now or hereafter established by the city for lighting the streets, public, places or public buildings;

(f) To take care of all public streets, parks and bridges, and shall maintain and regulate the use of the same for all purposes as provided for by ordinance; shall collect and

dispose of all garbage, refuse, the contents of closets, vaults and cesspools, and all other offensive and dangerous substances within the city and, in the event the disposal

and collection of such garbage, refuse and other offensive substances has been awarded to a private contractor, the disposal and collection thereof shall be under the supervision of the city engineer;

(g) To have the care and custody of all public docks, wharves, piers, levees and landing places owned by the city;

(h) To prevent the encroachment of private buildings and fences on the streets and public places in the city;

(i) To have general supervision and inspection of all private docks, wharves, piers, levees and landing places; and other properties bordering on the harbor, river, esteros and waterways of the city; and to issue permits the construction, repair and removal of the same; and enforce all ordinances relating to the same;

(j) To have the care and custody of the public of waterworks and sewers, and all sources of water supply; and shall control, maintain and regulate the use of the same in accordance with the ordinance relating thereto; shall inspect and regulate the use of all private systems for supplying water to the city and its inhabitant and all private sewers and their connections with the public sewers systems;

(k) To supervise the laying of mains and connections for the purpose of supplying gas to the inhabitants of the city;

(1) To inspect and report upon the conditions of pub­lic property and public works whenever required by the mayor;

(m) To supervise and regulate the location and use of engines, boilers, forges and other manufacturing and heating appliances in accordance with law and ordinances relating thereto. He is authorized to charge fees at rates to be fixed by the city council for the sanitation and transportation services and supplies furnished by his department;

(n) To inspect and supervise the construction, repair, removal and safety of private buildings, and regulate and enforce the numbering of houses in accordance with the ordinances of the city;

(o) With the previous approval of the mayor in each case, to order the removal of buildings and structures erected in violation of the ordinances; to order the removal materials employed in the construction or repair of any building or structure made in violation of said ordinance and to cause buildings and structures dangerous to public to be made secure or torn down; and

(p) To file and preserve all maps, plans, notes, surveys and other papers and documents pertaining to his office.

Section 25 Execution of authorized public works and improvements.

SEC. 25. Execution of authorized public works and improvements.— All public works constructions, repair and improvement of the city shall be carried out by administration of the Office of the City Engineer under the direct supervision and direction of the city mayor.The approval plans and specifications thereof by the city mayor with the favorable recommendation of the city council and the city engineer shall constitute sufficient warrant for the undertaking and execution of said projects. For justifiable reasons, the mayor, with the advice and consent of the city council, may also have said work done totally or partially by contract, upon advertising for bids therefor: Provided, That in the case where the funds are borrowed from private firms or institutions and not obtained from taxes or any other governmental source, public bidding may be dispensed with.

Section 26

SEC. 26. The City Attorney—His powers, duties and compensation,—There shall be a city attorney who shall be the legal adviser of the city. He shall receive a salary of eight thousand four hundred pesos per annum. He shall have the following powers and duties:

(a) To represent personally or through any assistant, the city in all civil cases wherein the city, or any officer thereof, in his official capacity, is a party; and to prose-

cute and defend all civil actions related to or connected

with any city officer or interest;

(b) To instituteand prosecute in thecity's interest, a suit on any bond, lease, or other contract and, upon any breach or violation thereof, when directed by the Mayor;

(c) To give his opinion in writing, when requested by the mayor or the council or any of the heads of the city apartments, upon any question relating to the city or the rights or duties of any city officer thereof;

(d) To attend meetings of the council when requested, draw ordinances, contracts, bonds, leases and other instruments involving any interest of the city, and in and pass upon any such instrument already drawn;

(e) To investigate or cause the investigation, whenever it is brought to his knowledge, that any city officer or employee is guilty of neglect or misconduct in office or that any person, firm, or corporation holding or exercising any franchise or public privilege from the city has failed to comply with any condition, or to pay any consideration mentioned in the grant of such franchise privilege and report the same to the mayor;and

(f) To render such official services as the mayor or city council may require, and shall exercise and perform such additional powers and duties as may be prescribed by

law or ordinance.

Section 27 The City Fiscal.

SEC. 27. The City Fiscal.—His powers, duties and compensation. —There shall be a city fiscal and five assistant city fiscals who shall discharge their duties and powers subject to the general supervision of the Secretary of Justice. The five assistant city fiscals shall be known as the first, second, third, fourth, and fifth assistant city fiscals, respectively. The city fiscal and his assistants shall receive their salaries in accordance with existing" law. He shall have the following powers and duties:

(a) To have charge of the prosecution of all crimes and violations of the city ordinances in the city court the city, or the Court of First Instance, and shall discharge

all the duties in respect to criminal prosecution as are joined by law upon provincial fiscals;

(b) To cause to be investigated all charges of crime, misdemeanors and violations of laws and city ordinance and have the necessary information's or complaints prepared or made against the persons accused. He or any his assistants may conduct such investigations by taking oral evidence of reputed witnesses, and for this purpose

may, by subpoena, summon witnesses to appear and testify under oath before him, and subpoena duces tecum for the production of documents and other evidence.The attendance of an absent or recalcitrant witness may be enforced by application for a warrant of arrest to the city court or to the Court of First Instance;

(c) To cause to be investigated the cause of sudden deaths which have not been satisfactorily explained and there is suspicion that the cause arose from the unlawful acts or omissions of other persons, or from foul play. For that purpose,he may cause autopsies to be in case it is deemed necessary and shall be entitled to demand and receive for the purpose of such investigations or autopsies the aid of the city health officer; and

(d) To render such official services as the mayor or the city council may require, and shall exercise and perform such additional powers and duties as may be prescribed by law or ordinance.

Section 28 The City Health Officer.

SEC. 28. The City Health Officer.—His powers, duties and compensation.—There shall be a city health officer who shall have charge of the department of health and shall receive a salary of twelve thousand pesos per annum. He shall have the following powers and duties:

(a) To have general supervision over the health and sanitary conditions of the city, including the cleaning of crematories, cemeteries, stockyards, slaughter houses and

markets;

(b) To execute and enforce all laws,ordinances and regulations relating to the public health;

(c) To recommend to the city council the passage of such ordinances, as he may deem necessary for the preservation of the public health;

(d) To cause to be prosecuted all violations of sanitary laws, ordinances, or regulations;

(e) He shall make sanitary inspections and may be aided therein by such members of the police force of the city or the national police as shall be designated as sanitary police by the chief of police or proper national police officer and such sanitary inspectors as may be authorized by law;

(f) He shall administer the city cemeteries and shall have charge of the duties related to the issuance of burial and transfer permits, and permits for the conveyance

body to seal for burial;

(g) To have control and supervision over centers and social services of the city;

(h) To keep a civil register for the city and shall cord therein all births, marriages and deaths with their respective dates,annulments of marriages, legitimation adoptions, acknowledgment of natural children, naturalization and changes of names; and

(i) To perform such other duties,not repugnant to law or ordinance, with reference to the health and sanitation of the city as the Director of Health Services shall direct.In case of epidemic or when the inhabitants of the city are menaced by any infectious or contagious diseases, the Director of Health Services shall assume full control of the health and sanitation services of the city until such condition shall have ceased to exist.

Section 29 The Chief of Police.

SEC. 29. The Chief of Police.—His powers, duties and compensation.—There shall be a chief of police who shall have charge of the police department and shall receive a salary of nine thousand six hundred pesos per annum. He shall have the following powers and duties:

(a) To issue supplementary regulation not incompatible with law or general regulations promulgated by the proper department head of the National Government, in

accordance with law, for the government of the city police

and detective force;

(b) To quell riots, disorders, disturbances of the peace, and shall arrest and prosecute through the city fiscal, violators of law or ordinances; shall exercise exclusive police

supervision over all land and water within the police jurisdiction of the city; shall be charged with protection of the rights of persons and property wherever found within

the jurisdiction of the city, and shall arrest, when necessary, or prevent the escape of offenders and violators of law or ordinance, all who obstruct or interfere with him in the discharge of his duty; shall have charge of the city prison; and shall be responsible for the safekeeping of all prisoners until they shall be released from custody, in accordance with law, or delivered to the warden of the prison or penitentiary;

(c) He may take good and sufficient bail for the appearance before the judge of the city court of any person arrested for violation of any city ordinance: Provided, however, That he shall not exercise this power in cases of violation of any penal law, except when the fiscal of the city shall so recommend and fix the bail to be required of the person arrested;

(d) He shall have authority within the police limits if the city, to serve and execute criminal processes of any court;

(e) He shall be the deputy sheriff of the city, and as such, shall personally or by representative, attend the sessions of the city court, and shall execute promptly and

faithfully all writs and processes of said court;

(f) He shall exercise supervision over the police training school established in accordance with the rules and regulations of the police department; and

(g) He shall have such further powers and perform such further duties as may be prescribed by law or ordinance.

Section 30 Deputy Chief Police.

SEC. 30. Deputy Chief Police.—There shall be a deputy chief of police whose duties shall be to act as chief in the absence or incapacity of the chief of police and, under the direction of the chief of police to look after the discipline of the police force and perform such other duties as may be imposed upon him by the chief or prescribed by law or ordinance.He shall receive a salary of eight thousand four hundred pesos per annum.

Section 31 Chief of Secret Service.

SEC. 31. Chief of Secret Service.—There shall be a chief of the secret service who shall, under the chief of police, have charge of the detective work of the department and of the detective force of the city, and shall form such other duties as may be assigned to him h chief of police or prescribed by law or ordinance .shall receive a salary of seven thousand two hundred pesos per annum.

Section 32 Peace Officer.

SEC. 32. Peace Officer.—Their powers and duties. The mayor, the chief of police, the deputy chief of police, the chief of the secret service, and all officers and members of the city police and detective force shall be peace officers.Such peace officers are authorized to serve and execute all processes of the city court and criminal processes of all other courts to whomsoever directed within the jurisdictional limits of the city or within the police limits as herein before defined; within the same territory to pursue and arrest, without warrant any person found in suspicious places or under suspicious circumstances reasonably tending to show that such person has committed, or is about to commit, a crime, or breach of peace; to arrest or cause to be arrested, without warrant, any offender when the offense is committed in the presence of a peace officer or within his view, and, in such pursuit or arrest, to enter any building, ship, boat or vessel, or take into custody, any person therein .suspected of being concerned in such crime or breach of the peace, and any property suspected of having been stolen; and to exercise such other powers and perform such other duties as may be prescribed by law or ordinance.They shall detain an arrested person only in accordance with the provisions of existing laws relative to such detention.Whenever the mayor shall deem it necessary to avert danger or to protect life and property, in case of riot, disturbance, or public calamity, or when he has reason to fear any serious violation of law and order, he may request the assistance of the Philippine Constabulary or other members of the Armed Forces the Philippines and/or other police agencies.

Except upon the occurrence of any such conditions, lice jurisdiction and .supervision and the preservation o peace and order shall pertain exclusively to the peace officers herein mentioned, existing law to the contrary notwithstanding.

Section 33

SEC. 33. When a member of the city police is accused in court of any felony or violation of law or ordinance by the city fiscal, the mayor shall immediately suspend the accused from office in accordance with existing law pending the final decision of the case by the court.In ease of acquittal, the accused shall be entitled to payment of the entire salary he failed to receive during his suspension.

Section 34 Chief of Fire Department— His powers, duties and compensation.

SEC. 34. Chief of Fire Department— His powers, duties and compensation. — There shall be a chief of fire department who shall have the management and control of all matters relating to the administration, organization, government, discipline, and disposition of the fire forces. He shall receive a salary of eight thousand seven hundred pesos per annum., and shall have the following powers and duties:

(a)To issue supplementary regulations not incompatible with law or general regulations issued by the proper department head of the National Government in accordance with law, for the governance of the fire zone;

(b)To have charge of the fire engine houses, the fire engine, hose trucks, hooks and ladders, trucks and all other fire apparatus;

(c)To have police powers in the vicinity of fires;

(d)To have authority to remove or demolish any building or other property whenever it shall become necessary to prevent the spreading of fire or to protect adjacent property;

(e) To investigate and report to the mayor upon the origin and cause of all fires occurring in the city;

(f) To inspect all buildings erected or under construction or repair within the city, and determine whether they Provide sufficient protection against fire and comply with the ordinances relating thereto;

(g)To have charge of the city telegraph; telephone fire alarm service;

(h)To have exclusive power, notwithstanding any to the contrary, to supervise and regulate the stringing grounding and installation of wires for all electrical connections with a view to avoiding conflagrations interference with public traffic or safety, or the necessary operation of the fire department;

(i) To condemn all defective electrical installations a: shall take the necessary steps to effect immediate corrective action informing the mayor of the action taken;

(j) To supervise the manufacture, storage and use of petroleum, gas, acetylene, gunpowder and other highly combustible matter and explosives;

(k) No permit for the construction or repair of buildings within the city shall be granted unless the plans relative thereto have been approved by the chief of the fire department. He shall have the power to alter or disap­prove such plans as do not provide for adequate protection against the occurrence of fires; and

(l) To have such powers and perform such duties as may further be prescribed by law or ordinance.

Section 35 Deputy Chief of the Fire Department.

SEC. 35. Deputy Chief of the Fire Department.— There shall be a deputy chief of the fire department whose duties shall be to act as chief in the absence or incapacity of the chief of the fire department and, under the direction of the chief of the fire department, to look after the discipline of the fire force and perform such duties as may be imposed upon him by the chief as prescribed by law or ordinance. He .shall receive a salary of seven thousand two hundred pesos per annum.

Section 36 The City Assessor.

SEC.36. The City Assessor.—His powers, duties compensation.—There shall be a city assessor who shall have charge of the department of assessment and shall receive a salary of twelve thousand pesos per annum.

The city treasurer shall act as city assessor ex-officio until the city council, by ordinance, provides otherwise, at which time the city assessor shall be appointed as heretofore provided. The city assessor shall have the following powers and duties:

(a) The city assessor and his authorized deputies are feed to administer any oath authorized to be administered in connection with the valuation of real estate for the assessment and collection of taxes;

(b) To make a list of the taxable real estate in the city, arranging in the order of the lot and block numbers the names of the owners thereof, with a brief description of the property opposite each such name and the cash value hereof. In making this list, the city assessor shall take into consideration any sworn statement made by the owners of the property, but shall not be prevented thereby from considering any other evidence on the subject and exercising his own judgment in respect thereto.For the purpose of completing this list, he and his representative may enter upon the real estate for the purposes of examining and measuring it, and may summon witnesses, administer oaths to them, and subject them to examination concerning the ownership and the amount of real estate and its cost value; and

(c) He may, it necessary, examine the records of the register of deeds of the province showing the ownership of real estate in the city.

Section 37 Real estate exempt from taxation.

SEC. 37. Real estate exempt from taxation.—The following shall be exempted from taxation: (a) Lands or buildings owned by the Republic of the Philippines, the Province of South Cotabato, burying funds, churches, adjacent parsonages and convents, lands buildings used exclusively for religious, charitable, scientific or educational purposes, and not for profit; but such exemption shall not extend to lands or buildings held for investment, though income therefrom be devoted to religious, charitable, scientific or educational purposes;

(b) Lands or buildings which are the only real property of the owner, and the value of which does not exceed four hundred pesos; and

(c) Machinery, which term shall embrace machines,mechanical contrivances, instruments, appliances and apparatus attached to the real estate, used for industrial,agriculture or manufacturing purposes,during the five years of the operation of the machinery.

Section 38 Declaration to be made by persons act or improving real estate.

SEC. 38. Declaration to be made by persons act or improving real estate.—It shall be the duty of person who, at any time, acquires real estate in the city, and of each person who constructs or adds to any improvements on real estate owned by him in the city, to prep; and present to the city assessor within a period of sixty days next succeeding such acquisition, construction or addition, a sworn declaration setting forth the value of the real estate acquired or the improvement constructed or ad­dition made by him, and a description of such property sufficient to enable the city assessor readily to identify the same.Any person having acquired real estate who fails to make and present the declaration therein required within the period of sixty days shall be deemed to have waived his right to notice of the assessment of such prop­erty, and the assessment of the same in the name of its former owner shall in all such cases be valid and binding on all persons interested and, for all purposes, as though the same has been assessed in the name of its present owner.

Section 39

SEC. 39. Action when owner makes no return, or is unknown, or ownership is in dispute or in doubt, or when land and improvements are separately owned.—If owner of any parcel of real estate shall fail to make a return thereof, or if the city assessor is unable to discover the owner of any real estate, he shall nevertheless list the same for taxation and charge the tax against the true owner if known, and if unknown, then as against an unknown owner.In case of doubt or dispute as to the ownership of real estate, the taxes shall be levied against the possessor or possessors thereof.When it shall appear that there separate owners of the land and the improvements on, a separate assessment of the property shall be made.

Section 40 Action in case estate has escaped taxation.

SEC. 40. Action in case estate has escaped taxation.— If it shall come to the knowledge of the city assessor that any taxable real estate in the city has escaped listing, it shall be his duty to list and value the same at the time and manner provided in the next succeeding section, and to charge against the owner thereof the taxes due for the current year and the last preceding one year, and the taxes assessed shall be legal and collectible by all the remedies herein provided, and if the failure of the city assessor assess such taxes at the time when they should have been assessed was due to any fault or negligence on the part of the owner of such property, the penalties shall be added to such back taxes as though they had been assessed at the time when they should have been assessed.

Section 41 When assessment may be increased or deceased.

SEC. 41. When assessment may be increased or deceased.—The city assessor shall, during the first fifteen days of January of each year, add to his list of taxable real estate in the city, the value of the improvements placed upon such property during the preceding year, and any property which is taxable and which has theretofore escaped taxation. He may during the same period revise and correct the assessed value of any or all parcels of real estate in the city which are not assessed at their true money value by reducing or increasing the existing assessment aw the case may be.

Section 42 Publication of complete list and proceedings thereon.

SEC. 42.Publication of complete list and proceedings thereon.—The city assessor shall, after the list have been completed, inform the public by notice published for sevens days in a newspaper of general circulation in the city, if any, and by notice posted for seven days at the main entrance of the city hall, that the list is on file in his office and may be examined by any person interested therein, and that upon the date fixed in the notice, which shall not be later than the tenth day of February, the city assessor will be in his office for the purpose of hearing complaints as to the accuracy of the listing of the property and the assessed value thereof. He shall further notify in writing each the amount of whose tax will be changed by such proposed revision by delivering or mailing at least thirty days in advance of the date fixed in the notice, such notification to such person or his authorized agent at the last known address of such owner or agent in the Philippines.

It shall be his duty to carefully preserve and record in his office copies of said notice. On the day fixed in the notice, and for five days thereafter, he shall be present in his office to hear all complaints filed within the period by persons against whom taxes have been assessed as owners of real estate, and he shall make his decision forthwith and enter the same in a well-bound book, to be kept by him for that purpose, and if he shall determine that injustice had been done or errors have been committed, he us authorized to amend the list in accordance with his findings.

Section 43 City Assessors to authenticate list of real estate assessed.

SEC.43. City Assessors to authenticate list of real estate assessed.—The city assessor shall authenticate each list of real estate valued and assessed by him as soon as the same is completed, by signing the following certificate at the foot thereof:

“I hereby certify that the foregoing list contains a true statement of the piece or pieces or taxable real estate belonging to each person named in the list and its true cash value, and that no real estate taxable by law in the City of General Santos has been omitted from the list, according to the best of my knowledge and belief.

Signature of City Assessor”

Section 44 Time and manner of appealing to Board of Tax Appeals.

SEC. 44.Time and manner of appealing to Board of Tax Appeals.— In case an owner of real estate, or his authorized agent, shall feel aggrieved by any decision of the city assessor under the preceding section of his article, such owner or agent may, within thirty days after the entry of such decision, appeal to the Board of Tax Appeals. The appeal shall be perfected by filing a written notice of the same with the city assessor and it shall be the duty of that officer forthwith to transmit the appeal to the Board of Tax Appeals with all the written evidence in his possession relating to such assessment and valuation.

Section 45 Constitution and compensation of Board of Tax Appeals.

SEC. 45. Constitution and compensation of Board of Tax Appeals.— There shall be a City Board of Tax Appeals Shall be composed of five members to be appointed e President of the Philippines with the consent of the Commission on Appointments.Three members of the board shall be selected from among government officials in the city other than those in charge of assessment and shall serve without additional compensation.

The two other members shall be selected from among property owners in the city and they shall each receive a compensation of ten pesos each for each day of session actually attended.The chairman of the board shall be designated in the appointment and shall have the power to designate any city official or employee to serve as the secretary of the board without additional compensation.

The members of the City Board of Tax Appeals shall hold office for a term of two years unless sooner removed by the President of the Philippines.

Section 46 Oath to be taken by members of the City Board of Tax Appeals.

SEC. 46. Oath to be taken by members of the City Board of Tax Appeals.—Before organization as such, the members of the City Board of Tax Appeals shall take the following oath before the city .judge or any other officer authorized to administer oaths:

"I do solemnly swear(or affirm)that I will hear and determine well and truly all matters and issues between taxpayers and the city assessor submitted for my decision.So help me God. (In case of affirmation the it words are to be stricken out.)

Signature

Subscribed andsworn to (oraffirm) before me this day of , 19

Signature and title of officer administering oath"

Section 47 Proceedings before the City Board of Tax Appeals and the department head.

SEC. 47. Proceedings before the City Board of Tax Appeals and the department head.—The City Board of Tax Appeals shall hold such number of sessions as may be authorized by the Secretary of Finance, and shall hear and decide all appeals duly transmitted to it. It shall have authority to cause to be amended listing and valuation of the property in respect to which any appeal has been perfected by order signed by the board or a majority thereof and transmit it to the city assessor who shall amend the tax list in conformity with said order. It shall also have power to revise and correct with the approval of the department head first had, any and all erroneous or unjust assessments and valuations for taxation, make a correct and just assessment and state the true valuation in each case when it decides that the assessment previously made is erroneous or unjust. The assessment when so corrected shall be as lawful and valid for all purposes as though the assessment had been made within the time herein prescribed. Such reassessment and revaluation shall be made on due notice to the individual concerned who shall be entitled to be heard by the City Board of Tax Appeals before any reassessment or revaluation is made. The decision of the City Board of Tax Appeals shall be final unless the department head declares the decision reopened for review by him in which case he may make such revision or revaluation as in his opinion the circumstances justify. Such decision when approved by the President of the Philippines shall be final.

Section 48 Taxes on real estate.

SEC. 48. Taxes on real estate.—Extension and remission of the tax.—A tax, the rate of which shall not exceed one and one-half per centum ad valorem to be determined by the city council shall be levied annually on or before the second Monday of January on the assessed value of all real estate in the city subject to taxation. All taxes on real estate for any year shall be due and payable annually on the first day of June and from this date such taxes together with all penalties accruing thereto shall constitute a lien on the property subject to such taxation.

Such lien shall be superior to all other liens, mortgages or encumbrances of any kind whatsoever; and shall be enforceable against the property whether in the possession of the delinquent or any subsequent owner, and can only be removed by payment of the tax and penalty.

At the option of the taxpayer, the tax for any year may be paid in two installments to be fixed annually by the city council simultaneously with the rate per centum ad valorem taxation: Provided, That the time limit for the first and second installments shall be set at not later than the thirty-first day of May and the thirtieth day of October of each year, respectively.

Any person, who on the last day, set for the payment of the real estate tax as provided in the preceding paragraphs, shall be within the premises of the fifty hall, willing and ready to pay the tax but is unable to effect it on account of the large number of taxpayers therein present, shall be furnished a properly prescribed card which will entitle him to pay the tax without penalty on the following day.

The words "paid under protest" shall be written on the face of the real estate tax receipt upon the request of any person willing to pay the tax under protest. Confirmation in writing of an oral protest shall be made within thirty days.

At the expiration of the time for the payment of the real estate tax without penalty, the taxpayer, shall be subject, from the first day of delinquency, to the payment of a penalty at the rate of two per centum, for each full month of delinquency that has expired, on the amount of original tax due, until the tax shall have been paid in full or until the property shall have been forfeited to the city as provided in this Act: Provided, That in no ease shall the total penalty exceed twenty-four per centum of the original tax due.

In the event that the crop is extensively damaged or that a great lowering of prices of products is registered in any year,or that a similar disaster extends throughout the

province, or for other good and sufficient reason, the city council may, by resolution passed on or before the first day of December of such year, extend the time for the collection of the tax on real estate in the city for a period of not to exceed three months, or remit wholly part the payment of the tax penalty for the ensuing but such resolution shall have the specify clearly the grounds for such extension or remission and shall not take until it shall have been approved by the department head.

The President of the Philippines may, in his discretion, remit or reduce the real estate taxes for any year in the city if he deems this to be in the public interest.

Section 49 Seizure of the personal property for delinquency in payment of the tax.

SEC.49.Seizure of the personal property for delinquency in payment of the tax.—After a property shall have become delinquent in the payment of taxes and said taxes and the corresponding penalty or penalties shall remain unpaid ninety days after payment thereof shall have become due, the city treasurer or his deputy, if he desires to compel payment through seizure of any personal property of any delinquent person or persons, shall issue a duly authenticated certificate, based on the records of his office, showing the fact of delinquency and the amount of the tax and penalty due from said delinquent person or persons or from each of them.Such certificate shall sufficient warrant for the seizure of the personal property belonging to the delinquent person or persons in question not exempt from seizure; and these proceedings may be carried out by the city treasurer or his deputy, or any other officer authorized to carry out legal proceedings.

Section 50 Personal property exempt from seizure and sale for delinquency.

SEC.50.Personal property exempt from seizure and sale for delinquency.—The following personal property shall be exempt from seizure, sale and execution for delinquency in the payment of the real estate tax.

(a) The tools and implements necessarily used by the

delinquent in his trade or employment;

(b) Two horses, or two cows, or two carabaos, or beasts of burden, such as the delinquent may select necessarily used by him in his ordinary occupation

(c) His necessary clothing and that of his family;

(d) Household furniture and utensils necessary for keeping, and used for that purpose by the delinquent, such as he may select, of a value not exceeding five hundred

pesos;

(e) Provisions for individual or family sufficient for three months;

(f) The professional libraries of lawyers, judges, physicians, pharmacists, dentists, engineers, surveyors, clergymen, school teachers and music teachers, not exceeding one thousand pesos in value;

(g) One fishing boat and net, the property of any fisherman, by the lawful use of which he earns a livelihood;

(h) So much of the earnings of the delinquent for his personal services within the month preceding the levy as necessary for the support of his family;

(i) Lettered gravestones;

(j) All moneys, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance, if the annual premiums paid do not exceed five hundred pesos, and if they exceed that sum, a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges and annuities so accruing or growing out of such insurance that said five hundred pesos bears o the whole annual premiums paid; and

(k) Any article or material which forms part of a home f of any improvement on any real estate