ra 1368 amending ca 51 charter of davao

8/19/2019 RA 1368 Amending CA 51 Charter of Davao

1/11

http://www.thecorpusjuris.com/legislative/republic-acts/ra-no-1368.php

An Act to Amend Certain ectionso! Commonwealth Act "umbered#i!t$-%ne& as Amended& %therwise'nown as the Charter o! the Cit$ o!

(avao)epublic Act "o. 1368

Congress o! the *hilippines

18 +une 1,

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. ection seven o! Commonwealth Act "umbered #i!t$-one& as amended& is

!urther amended to read as !ollows:

SEC. 7. Election and compensation.— he 0a$or shall be the chie! eecutive o! the

cit$.

he 0a$or shall be elected b$ the 2uali!ied voters o! the cit$ during ever$ regular

election !or provincial and municipal o!!icials in accordance with the provisions o! the

)evised lection Code:Provided & hat the !irst election !or 0a$or shall be held

simultaneousl$ with the regular elections !or provincial and municipal o!!icials to be held

!ollowing the approval o! this Act. *ending the said net regular elections& the incumbent

0a$or o! the cit$ at the time o! the approval o! this Act shall continue to hold o!!ice and in


2/11

case said o!!ice be vacant at the time this Act ta4es e!!ect& the *resident shall appoint a

person to act as 0a$or until his successor shall have been elected and have 2uali!ied.

"o person shall be elected 0a$or unless he has been a citi5en o! the *hilippines !or at

least !ive $ears& is at least twent$-!ive $ears o! age at the time o! his election& a resident o!

the cit$ !or not less than one $ear immediatel$ prior to his election and a 2uali!ied voter

therein.

he 0a$or shall receive a salar$ o! eight thousand !our hundred pesos a $ear. ith the

approval o! the proper 7ead o! (epartment& he ma$ receive& in addition to his salar$& a

non-commutable allowance o! two thousand pesos per annum. 7e shall also be entitled&

at the discretion o! the Cit$ Council& to 2uarters allowance.

SECTION 2. ection eight o! the same Act is amended to read as !ollows:

SEC. 8. The Vice-Mayor.— here shall be a vice-ma$or who shall per!orm the duties o!

the 0a$or& in the event o! the sic4ness& absence or other temporar$ incapacit$ o! the

0a$or& or in the event o! a de!initive vacanc$ in the position o! 0a$or& until said o!!ice shall

be !illed in accordance with law. !& !or an$ reason& the vice-ma$or is temporaril$

incapacitated !or the per!ormance o! the duties o! the o!!ice o! the 0a$or& or said o!!ice o!

the vice-ma$or is vacant& the duties o! the 0a$or shall be per!ormed b$ the cit$ engineer.

he acting ma$or shall have the same powers and duties as the 0a$or.

he vice-ma$or shall be the presiding o!!icer o! the Cit$ Council and shall per!orm such

other duties as ma$ be assigned to him b$ the 0a$or or prescribed b$ law or ordinance.

7e shall be elected in the same manner as the 0a$or and shall at the time o! his election

possess the same 2uali!ications as the 0a$or. 7e shall receive a salar$ o! !ive thousand

!our hundred pesos a $ear.

SECTION 3. ection ten o! the same Act is amended to read as !ollows:

SEC. 10. City Secretary.— here shall be a cit$ secretar$ who shall be appointed b$

the 0a$or9 and who shall receive a salar$ o! !our thousand two hundred pesos per

annum. 7e shall be considered as head o! a cit$ department and as such he shall have

the !ollowing duties:


3/11

a; 7e shall act as secretar$ o! the


4/11

n case o! sic4ness& absence& suspension or other temporar$ disabilit$ o! an$ member

o! the council& or i! !or an$ reason it becomes necessar$ to maintain a 2uorum& the

*resident o! the *hilippines ma$ appoint a temporar$ substitute who shall possess all the

rights and per!orm all the duties o! a member o! the Council until the return to dut$ o! the

regular incumbent.

! an$ member o! the Cit$ Council should be a candidate !or o!!ice in an$ election& he

shall be incompetent to act with the Cit$ Council in the discharge o! the duties herein

con!erred upon it& and in such case the other members o! the Council shall discharge said

duties without his assistance& or the$ ma$ choose some disinterested elector o! the cit$ to

act on the Council in such matters in his stead.

he members o! the council shall each receive an annual compensation o! three

thousand si hundred pesos.

SECTION 5. here are hereb$ inserted between sections twelve and thirteen o! the same

Act !our sections& to be 4nown as sections 1=-A& 1=-


5/11

SEC. 12-C. Secretary of the City Council.— he Cit$ Council shall have a secretar$

who shall be elected b$ the Council to serve during the term o! o!!ice o! the members

unless sooner removed. 7is compensation as secretar$ shall be !ied b$ the council at

not eceeding three thousand si hundred pesos per annum. he secretar$ shall have the

!ollowing duties:

a; 7e shall act as secretar$ o! the Cit$ Council and shall be in charge o! the records

thereo!.

b; 7e shall 4eep a !ull record o! the proceedings o! the Council and shall !ile all

documents relative thereto.

c; 7e shall record in a boo4 4ept !or the purpose all ordinances and resolutions and

motions directing the pa$ment o! mone$ or creating liabilit$ enacted or adopted b$ the

Council& with the dates o! approval o! the same& and o! the publication o! the

ordinances.

d; 7e shall 4eep a seal& circular in !orm with the inscription Cit$ Council>Cit$ o!

(avao? and a!!i the same& with his signature& to all ordinances and o!!icial acts o! the

council& which he shall present !or signature to the presiding o!!icer o! the Council.

e; 7e shall cause each ordinance passed b$ the Council to be published.

!; 7e shall !urnish on demand& certi!ied copies o! all records o! public character in

his charge& and collect and receive there!or such !ees as ma$ be prescribed b$

ordinance or resolution o! the Council.

g; 7e shall 4eep his o!!ice and all records therein which are not o! a con!idential

character open to public inspection during the usual business hours.

SEC. 12-D. Method of transacting !usiness of the Council—Veto authentication and

pu!lication of ordinances.— @nless the proper 7ead o! (epartment orders otherwise& the

Council shall hold one regular session !or the transaction o! business during each wee4

on a da$ which it shall !i b$ resolution& and such special sessions& not eceeding thirt$

during an$ one $ear& as ma$ be called b$ the 0a$or. t shall sit with open doors& unless

otherwise ordered b$ an a!!irmative vote o! si members. t shall 4eep a record o! its

proceedings and determine its rules o! procedure not herein set !orth. i members o! the


6/11

council shall constitute a 2uorum !or the transaction o! business.


7/11

disapproved b$ the 0a$or& the corresponding item or items in the appropriation ordinance

o! the previous $ear collecting agencies& mercantile agencies& shipping and intelligence

o!!ices& private detective agencies& advertising agencies shall be restored unless

otherwise epressl$ directed in the veto.?

SECTION 6. ub-section l; o! section !ourteen o! the same Act is amended to read as

!ollows:

l; o regulate and !i the amount o! license !ees !or the !ollowing: haw4ers& peddlers&

huc4sters& not including huc4sters or peddlers who sell onl$ native vegetables& !ruits& or

goods& personall$ carried b$ the huc4sters or peddlers& auctioneers& plumbers& barbers&

embalmers& colcies& massagists& tattooers& jugglers& acrobats& hotels& clubs& restaurants&

ca!es& lodging houses& boarding houses& dealers in large cattle& public billiard tables&

laundries& cleaning and d$eing establishments& public warehouses& dance halls& cabarets&

circuses and other similar parades& public vehicles& race trac4s& horse races& bowling

alle$s& shooting galleries& slot machines& merr$-go-rounds& pawnshops& dealers in

second-hand merchandise& jun4 dealers& brewers& distillers& recti!iers& mone$ changers

and bro4ers& jewelr$ dealers& owners or proprietors o! bodegas or warehouses& owners or

dealers o! real estate !or rent& public !erries& theaters& theatrical per!ormances&

cinematographs& public ehibitions& circuses& and all other per!ormances and places o!

amusement& and the 4eeping& preparation& and sale o! meat& poultr$& !ish& game& butter&

cheese& lard& vegetables& bread& and other provisions.?

SECTION 7. ection siteen o! the same Act is amended to read as !ollows:

SEC. 16. City departments—Municipal Court.— here shall be a department o!

engineering and public wor4s headed b$ the cit$ engineer9 a law department headed b$

the cit$ attorne$9 a !inance department headed b$ the cit$ treasurer9 a police department

headed b$ the chie! o! police9 and a !ire department headed b$ the chie! o! the !ire

department& and such other departments as ma$ !rom time to time be established b$ law

or ordinance approved b$ the proper 7ead o! (epartment. *ending the establishment o!

such departments& the eisting o!!icials who per!orm !unctions !or or in behal! o! the

municipal government o! (avao shall continue to per!orm their respective !unctions and

receive their present compensation.


8/11

he Cit$ Council ma$& b$ ordinance& approved b$ the proper 7ead o! (epartment&

ma4e !rom time to time such readjustment o! the duties o! the several departments& as the

public interest ma$ demand& or alter& consolidate or abolish them.

here shall be a 0unicipal Court which shall have three branches& !or which three

judges shall be appointed& who shall be 4nown& respectivel$& as judge o! the !irst& second

and third branch.

SECTION 8. ection twent$ o! the same Act is amended to read as !ollows:

SEC. 20. The $ssistant City $ttorneys.— he cit$ attorne$ shall have two assistants

who shall each receive a compensation as !ollows: the !irst assistant& three thousand si

hundred pesos& and the second assistant& three thousand pesos.

SECTION 9. A new section is inserted between sections twent$-three and twent$-!our o!

the same Act& to be 4nown as section =3-A& which shall read as !ollows:

SEC. 23-A. The Chief of the %ire &epartment.— here shall be a chie! o! the !ire

department who shall have charge o! said department& and who shall have the !ollowing

powers and duties:

a; 7e ma$ issue supplementar$ regulations not incompatible with law or general

regulations issued b$ the proper (epartment 7ead o! the "ational overnment in

accordance with law& !or the governance o! the !orce.

b; 7e shall charge o! the !ire-engine houses& !ire-engines& hose carts& hoo4s and

ladders& truc4s& and all other !ire-!ighting apparatus.

c; 7e shall have police powers in the vicinit$ o! !ires.

d; 7e shall have authorit$ to remove or demolish an$ building or other propert$

whenever it shall become necessar$ to prevent the spreading o! !ire or to protect

adjacent propert$.

e; 7e shall inspect all buildings erected or under construction or repair within the

cit$ and determine whether the$ provide su!!icient protection against !ire and compl$

with the ordinances relating thereto.


9/11

!; 7e shall have charge o! the cit$ !ire alarm service.

g; 7e shall supervise the manu!acture& storage and use o! petroleum& gas&

acet$lene& gun powder& and other highl$ combustible matter and eplosives.

h; 7e shall have such other powers and per!orm such other duties as ma$ be

prescribed b$ law or ordinance.

SECTION 10. ection thirt$-!our o! the same Act& as amended& is !urther amended to read

as !ollows:

SEC. 34. $ppointment and remoal of officials and employees—Compensation.— he

*resident shall appoint& with the consent o! the Commission on Appointments& the judges

and auiliar$ judges o! the 0unicipal Court& the cit$ engineer& the cit$ treasurer& the cit$

assessor& the cit$ attorne$ and his assistants& the chie! o! police& the chie! o! the !ire

department and the other heads o! the cit$ departments as ma$ be created !rom time to

time& and he ma$ remove at pleasure an$ o! the said appointive o!!icers& ecept the

judges and auiliar$ judges o! the 0unicipal Court& who ma$ be removed onl$ according

to law.

ubject to the provisions o! the Civil ervice Baw& the 0a$or shall appoint all other

o!!icers and emplo$ees o! the cit$ whose appointment is not otherwise provided !or b$

law. he 0a$or ma$ suspend and remove an$ appointive cit$ o!!icer or emplo$ee not

appointed b$ the *resident& and ma$ recommend to the *resident the suspension or

removal o! an$ cit$ o!!icer or emplo$ee appointed b$ him. An$ suspension or removal b$

the 0a$or shall be appealable to the proper 7ead o! (epartment& whose determination on

the matter shall be !inal.

he municipal judges and cit$ attorne$ shall each receive si thousand pesos per

annum. he cit$ engineer and the cit$ treasurer& whether acting or not as cit$ assessor&

shall each receive si thousand pesos per annum. he chie! o! police& the cit$superintendent o! schools and the chie! o! the !ire department shall each receive a

compensation o! not more than !ive thousand one hundred pesos per annum.

he compensation o! other o!!icers and emplo$ees o! the cit$ shall be determined b$

ordinance and approved b$ the proper 7ead o! (epartment.?


10/11

SECTION 11. ections thirt$-si and thirt$-eight o! the same Act are amended to read as

!ollows:

SEC. 36. The 'eneral $uditing #ffice.— he Auditor eneral& shall& directl$ or through

an auditor !or the Cit$ o! (avao& who shall be appointed b$ him& receive and audit all

accounts o! the cit$& in accordance with the provisions o! law relating to the overnment

accounts and accounting. aid cit$ auditor shall have the ran4 o! a cit$ department head

and shall receive a salar$ o! not more than !ive thousand !our hundred pesos per annum&

pa$able !rom the !unds o! the cit$.?

SEC. 38. The (ureau of "u!lic Schools.— he (irector o! *ublic chools shall have the

same jurisdiction and eercise the same powers in the cit$ as elsewhere in the

*hilippines& and the cit$ superintendent o! schools shall have all the powers and duties in

respect to the schools o! the cit$ as are vested in division superintendents in respect to

the schools o! their divisions.

A cit$ school board o! si members& two o! whom shall be women& and who shall serve

without salar$& shall be selected and removed in the same manner& and shall have the

same powers and duties& as local school boards in municipalities.

he Cit$ Council shall have the same powers in respect to the establishment o!

schools in the Cit$ o! (avao as are con!erred b$ law on municipal councils.?

SECTION 12. A new section is inserted between sections !ort$-seven and !ort$-eight o! the

same Act& to be 4nown as section D-A& which shall read as !ollows:

SEC. 47-A. )ight of city to ote in election of 'oernor and Mem!ers of the

"roincial (oard of the "roince of &aao.— he 2uali!ied voters o! the Cit$ o! (avao

shall be entitled to vote in the election o! the *rovincial overnor and 0embers o! the

*rovincial


11/11

ra 1368 amending ca 51 charter of davao

Documents