Republic Act No. 4354

This Act shall be known as the Revised Charter of the City of Davao.

The City of Davao as created by Commonwealth Act Numbered Fifty-one, as amended, shall comprise the territories of the former Municipality of Davao and then Municipal District of Guianga and shall include the following barrios: Agdao Beach, Bucana, Baguio, Biao Joaquin, Cadalian, Calinan Carmen, Cawayan, Dacudao, Dalag, Dominga, Gumalang, Dalagdag, Lacson, Lamanan, Lampianao, Malagos, Malamba, Marilog, Pangyan, Riverside, Salaysay, Sirib, Suawan, Subasta, Suminao, Talomo River, Tambobong, Tamugan, Tamayong, Tawan-Tawan, Wangan, Wines, Alambre, Atan Awe, Bago Gallera, Baliok, Bangkas Heights, Baracatan, Bato, Bayabas, Binugao, Camansi, Catigan, Crossing Bayabas, Daliao, Dumoy, Eden, Lizada, Kilate, Langub, Lubogan, Ma-a, Magtuod, Marapangi, Matina Crossing, Matina Aplaya, Matina Pangi, Mulig, Sibulan, Sirawan, Tagluno, Tagurano, Talomo, Tibuloy, Toril, Tungkalan, Daliaon Plantalion, Acacia, Fatima (Binowang) Buhangin, Bunawan, Cabantian, Colasas, Communal, Gatungan, Ilang, Indangan, Lasang, Lumiad, Mabuhay, Mahayag, Malabog, Mandug, Mapula, Mudiang, Pampanga, Panacan, Panalom, Paquibato, Paradise Ombac, Pandaitan, Salapawan, San Isidro, Basa, Tapak, Tibungco, Tigatto, Bago Oshiro, Balengaeng, Biao Escuela, Biao, Guianga, Callawa, Catalunan Grande, Catalunan Pequeno, Manambulan, Manuel Guianga, Matina Biao, Mintal, New Carmen, New Valencia, Tacunan, Talandang, Tagakpan, Tugbok, Los Amigos, and Ula.

The City of Davao constitutes a political body corporate and as such is endowed with the attribute of perpetual succession and possessed of the powers which pertain to a municipal corporation, to be exercised in conformity with the provisions of this charter.

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

The city shall not be liable or held for damages or injuries to persons or property arising from the failure of the mayor, the city council or any other city officer or employee, to enforce the provisions of this charter, or of any other law or ordinance, or from the negligence of said mayor, or council or other city officers or employees while enforcing or attempting to enforce said provisions: Provided, That nothing herein contained shall prevent any aggrieved party from filing a personal action in the proper court against any official or employee of the city government for any act or omission in the performance of the duties in accordance with law.

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

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 time of the election he is at least twenty-five years of age, a resident of the city for at least two years prior to his election, and a qualified voter therein. He shall hold office for four years, unless sooner removed, and shall receive a salary of eighteen thousand pesos per annum. In addition to his salary, he shall be entitled to a commutable allowance for representation and quarters which shall not be less than ten thousand pesos per annum.

There shall be elected a vice-mayor who shall perform the duties and exercise the powers of the Mayor, in the event of the death, sickness, absence or other temporary incapacity of the Mayor, or in the event of a definite vacancy in the position of Mayor, until said office shall be filled, in accordance with law. The Vice-Mayor shall be elected in the same manner as the Mayor and shall at the time of his election possess the same qualifications as the mayor.

If for some reason the vice-mayor is incapacitated from assuming the office of mayor or refuses to assume such office, the councilor who obtained the largest number of votes in the local elections immediately preceding shall assume the office of mayor. If for some reason the councilors who obtained the highest number of votes in the local elections immediately preceding is incapacitated from assuming the office of mayor or refuses to assume such office, the councilor who obtained the next largest number of votes in the local elections immediately preceding shall assume the office of mayor, and so on until the permanent vacancy in the office of the mayor is filled.

Should the mayor-elect die before assumption of office or failed to qualify for any reason, the vice-mayor-elect shall assume the office of mayor, but in the latter case, he shall hold office only until after the mayor-elect qualifies. If for some reason the vice-mayor is incapacitated from assuming the office of mayor or refuses to assume such office, the councilor-elect who obtained the largest number of votes in the local elections immediately preceding shall assume office of mayor, and so on until the office of mayor is filled.

In the event of temporary incapacity of the mayor to perform the duties of his office on account of absence on leave, sickness or any temporary incapacity, the vice-mayor shall perform the duties and exercise the powers of the mayor except the power to appoint, suspend or dismiss employees. In the event the vice-mayor is temporarily incapacitated to perform the duties of the office of mayor, the councilor who obtained the largest number of votes among the incumbent councilors in the local elections immediately preceding shall assume the duties and exercise the powers of the mayor except the power to appoint, suspend or dismiss employees.

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 fifteen thousand pesos per annum.

As chief executive of the city government, the mayor shall have immediate control over the executive and administrative functions of the different departments, subject to the supervision of the President of the Philippines, and shall be held accountable for the administration of all affairs of the city. He shall have the following powers and duties:

There shall be a city secretary who shall be appointed by the mayor; and who shall receive a salary of twelve thousand pesos per annum. He shall be considered as head of a city department and as such he shall have the following duties:

The City Council shall be the legislative body of the city, and shall be composed of the vice-mayor, who shall be its presiding officer, and ten councilors who shall be elected at large by the qualified voters of the city.

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 President shall appoint any disinterested voter of the city, belonging to the political party of the disqualified member, to act in his place in such matters.

The members of the City Council shall each receive a salary of twelve thousand pesos per annum.

The members of the City Council shall, at the time of their election, be qualified electors of the city, residents thereof for at least two years immediately prior to their election and not less than twenty-three years of age. Such members may be suspended or removed from office under the same circumstances, in the same manner, and with the same effect, as elective provincial officers, and the provisions of law governing the suspension or removal of 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 city officials, 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. The ten candidates receiving the highest number of votes shall be declared elected.

A vacancy of the City Council shall be filled in accordance with the provisions of the Revised Election Code.

The vice-mayor shall be the presiding officer of the Council. In his absence, the Council shall elect one of its members as temporary presiding officer. He shall sign all ordinances, and all resolutions and motions directing the payment of money or creating liability, enacted or adopted by the Council.

The City Council shall have a secretary who shall be elected by the Council to serve during the term of office of the members unless sooner removed. His compensation as secretary shall be not less than twelve thousand pesos per annum. The secretary shall have the following duties:

The Council shall hold two regular sessions for the transaction of its business during each week on days which it shall fix by resolution, and such special sessions as may be called by the mayor and/or vice-mayor as public interest so requires. 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 of procedure not herein set forth. A majority of all the members of the Council shall constitute a quorum for the 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 by issuing to the police of the city an order for his arrest and production at the session under such penalties as shall have been previously prescribed by ordinance. The affirmative votes 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 votes of the members present at any session duly called and held. 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 the 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 repassed, 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.

Each ordinance and each resolution or motion directing the payment of money or creating liability, enacted or adopted by the 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 not return it within that time, it shall be deemed to be approved. If he returns it with his veto, his reasons therefor in writing shall accompany it. It may then again be enacted by a two-thirds vote of all the members of the Council, and again forwarded to the mayor for his approval, and if within ten days after its receipt he does not return it with his veto, it shall be deemed to be approved. If within said time he again returns it with his veto, it 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 an ordinance, resolution or motion directing the payment of 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 to shall not take effect except in the manner heretofore provided in this section as to ordinances, resolutions or motions returned to the City Council with his veto; but should an item or items in an appropriation ordinance be disapproved by the mayor, the corresponding item or items in the appropriation ordinances of the previous year shall be deemed re-enacted.

The City Council shall have the following legislative powers:

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 heard, the Mayor should consider any sign, signboard or billboard displayed or exposed to public view as 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 after he has issued such order, 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.

There shall be the following city departments over which the Mayor shall have direct control and supervision, any existing law to the contrary notwithstanding:

Each head of department of the city government shall be in control of such department under the direction and supervision of the Mayor, and shall possess such powers as may be prescribed herein or by ordinance. He shall certify to the correctness of all payrolls and vouchers of his department covering the payment of money before payment, except as herein otherwise expressly provided. At least four months before the beginning of each fiscal year, he shall prepare and present to the Mayor an estimate of the receipts and 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 the absence or sickness, or inability to act for any other reason, of the head of one of the city departments, or in case of temporary vacancy, the officer next in rank of that department shall perform the duties of the department head concerned.

The President of the Philippines, with the consent of the Commission on Appointments, shall appoint the city judges, the city treasurer, the city engineer, the city fiscal and his assistants, the chief of police, the city health officer, the city assessor, the chief of the fire department, the city superintendent of schools and his assistant, and other heads of such city department as may be created by law.

Subject to the provisions of Civil Service Law, the Mayor shall appoint such other officers and employees, except public school teachers and city court employees and employees of the office of the city auditor, paid out of the city funds and they shall be suspended and removed in accordance with law.

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 money 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 of legal process at the suit of the city; or to be surety for any person having a contract or doing business with the city, for the performance of which security may be required; or to be surety on the official bond of any officer of the city; and shall not be financially interested in any transaction or contract in which the national government or any subdivision or instrumentality thereof in an interested party.

The head of a department and his assistant or the chief and assistant chief of an office shall be entitled to a commutable allowance in addition to their respective salaries, for quarters and representation which shall not be less than five thousand four hundred pesos for the heads or chiefs, and three thousand six hundred pesos for the assistants per annum.

For purposes of this section, the judges of the city court, the city auditor, the city superintendent of schools, the vice-mayor, the councilors, city council secretary and city secretary shall be considered as a chief of a department; and the city electrician, the city veterinarian, and the city agriculturist shall be considered as assistant chief of a department or an office.

The Auditor General shall receive and audit all accounts of the city, in accordance with the provisions of law relating to Government accounts and accounting. The city auditor shall be appointed by the Auditor General and shall receive the same salary of the city treasurer per annum, one-half to be paid by the National Government and the other half by the city.

The Director of Public Schools shall exercise the same jurisdiction and powers in the city as elsewhere in the Philippines, and the city superintendent of schools, who shall receive a compensation of fifteen thousand pesos per annum, shall have all the powers and duties in respect to the schools of the city as are vested in division superintendents in respect to schools of their division: Provided, That the operational expenses of primary, intermediate and high schools shall be borne by the National Government, as provided for by law.

The procedure outlined in Republic Act Numbered Two thousand two hundred sixty-four relative to purchasing shall govern the purchase of materials, equipment and supplies. However, the Committee on Award shall be composed of the city mayor, as chairman, the city treasurer, the city auditor, the city fiscal and a councilor duly designated by the City Council, as members. These officers may act through their authorized representatives.

The city superintendent of schools shall make a quarterly report of the conditions of the schools and school buildings of the city to the mayor, and such recommendations as seem to him wise relative to improving the schools or school buildings in the city. ARTICLE VI Department of Finance

These 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 fifteen thousand pesos per annum. He shall have the following general powers and duties:

There shall be a city engineer who shall have charge of the department of engineering and public works. He shall receive a salary of fifteen thousand pesos per annum. He shall have the following powers and duties:

All repair or construction of any work or public improvements, except parks, boulevards, streets or alleys, involving an estimated cost of three thousand pesos or more shall be awarded by the mayor upon the recommendation of the city engineer to the lowest responsible bidder after public advertisement by posting notices of the call for bids in conspicuous places in the city hall and by publication in the local newspapers of general circulation, both for not less than ten days: Provided, however, That the city engineer may, with the approval of the President of the Philippines, upon the recommendation of the Secretary of Public Works and Communications, execute by administration any such public work costing three thousand pesos or more. In case of public works involving an expenditure of less than three thousand pesos, it shall be discretionary with the city engineer either to proceed with the work himself or to let the contract to the lowest bidder after such publication and notice as shall be deemed appropriate or as may be, by regulations, prescribed. ARTICLE VIII Law Department

There shall be a city fiscal who shall discharge his duties under the general supervision of the Secretary of Justice. The city fiscal shall receive a salary of fifteen thousand pesos per annum. The city fiscal shall be the chief legal adviser of the city and all offices and departments thereof. He shall have the following powers and duties:

There shall be ten assistant city fiscals who shall perform the duties of the city fiscal as assigned and directed by the city fiscal, with the following compensation per annum: First assistant city fiscal P12,000.00 Second assistant city fiscal 11,400.00 Third assistant city fiscal 11,100.00 Fourth assistant city fiscal 10,800.00 Fifth assistant city fiscal 9,600.00 Sixth assistant city fiscal 9,600.00 Seventh assistant city fiscal 9,600.00 Eighth assistant city fiscal 8,400.00 Ninth assistant city fiscal 7,200.00 Tenth assistant city fiscal 7,200.00 The incumbent special counsel, according to seniority of service, will automatically become sixth, seventh and eighth assistant city fiscals. ARTICLE IX Department of Health

There shall be a city health officer who shall have charge of the Department of Health and shall receive a salary of fifteen thousand pesos per annum. He shall have the following powers and duties:

In case of epidemic or when the inhabitants of the city are menaced by any infectious or contagious diseases, the Director of Disease Control shall assume full control of the health and sanitation services of the city until such condition shall have ceased to exist. ARTICLE X Police Department

There shall be a chief of police who shall have charge of the police department and shall receive a salary of twelve thousand pesos per annum. He shall have the following powers and duties:

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 perform such other duties as may be assigned to him by the chief of police or prescribed by law or ordinance.

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 hereinbefore 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 the 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 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 ever 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 call upon the provincial commander or other members of the Armed Forces of the Philippines. Except upon the occurrence of any such conditions, police jurisdiction and supervision and the preservation of peace and order shall pertain exclusively to the peace officers herein mentioned, existing law to the contrary notwithstanding. ARTICLE XI Fire Department

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 twelve thousand pesos per annum, and shall have the following powers and duties;

There shall be a city assessor who shall have charge of the department of assessment and who shall receive a salary of fifteen thousand pesos per annum. He shall have the following powers and duties:

Any person having acquired real estate who fails to make and present the declaration herein required within the said period set forth above shall be deemed to have waived his right to notice of the assessment or revision of such property and the assessment or revision of the same in the name of its former owner shall, in all such cases, be valid and binding on all persons interested for all purposes, as though the same had been assessed in the name of its present owner.

If the owner of any real estate shall fail to make a declaration 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 are separate owners of the land and the improvement thereon, separate assessment of the property of each shall be made.

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 in the manner provided herein and to charge against the owner thereof the taxes due for the current year and last preceding four years, and the taxes thus assessed shall be legal collectible, and the penalties shall be added to such back taxes as though they had been assessed at the time when they should have been assessed.

There shall be a City Board of Assessment Appeals which shall be composed of five members, three of whom are government officials, and the remaining two to be appointed by the city mayor. The three members of the Board shall be the city auditor, as chairman, the city engineer and the register of deeds as members, to 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 fifteen (P15.00) pesos for each day of session actually attended, and shall hold office for a term of four (4) years unless sooner removed by the city mayor. The chairman of the board shall have the power to designate any city official or employee to serve as the secretary of the board without additional compensation.

A tax, the rate of per centum of ad valorem taxation not to exceed two per centum, to be determined by the City Council, shall be levied annually on or before the second Monday of December on the assessed values of all real estate in the city subject to taxation. Taxes on the said rate shall be due and payable annually on and after the first day of January of the ensuing year. ARTICLE XIII Department of Public Services

There shall be city public service officer, who must at least be a sanitary engineer, with a salary of eleven thousand four hundred pesos per annum. He shall have the following general powers and duties:

On the internal revenue accruing to the National Treasury under Chapter II, Title XII of Commonwealth Act Numbered Four hundred sixty-six, and other taxes collected by the National Government and alloted to the various provinces, as well as the national aid for schools, the city shall receive a share equal to what it would receive if it were a regularly organized province.

The City Council may, by ordinance, provide for the levying and collection, by special assessment of the land comprised within the district or section of the city specially benefited, or a part not to exceed sixty per centum of the cost of laying out, opening, constructing, straightening, widening, extending, grading, paving, curbing, enlarging, or improving public avenues, roads, streets, alleys, sidewalks, parks, plazas, bridges, landing places, wharves, piers, docks, levees, reservoirs, waterworks, watermains, water courses, esteros, canals, drains and sewers, including the cost of acquiring the necessary land and public improvements thereon, as hereinafter provided. In case of national public works the City Council as an agency of the National Government, shall, when the President of the Philippines so directs it, provide for the levying and collection by special assessment of the land within the section or district of the city specially benefited of the cost or part thereof to be determined by the President, of laying out, opening, constructing, straightening, widening, extending, grading, paving, curbing, walling or deepening, or otherwise repairing, enlarging or improving national roads and other national public works within the city, including the cost of acquiring the necessary land and improvements thereon.

The amount of the special assessment shall be apportioned and computed according to the assessed valuations of such lands as shown in the books of the city assessor. If the property has not been declared for taxation purposes, the city assessor shall immediately declare it for the owner and assess its value, and such value shall be the basis of the apportionment and computation of the special assessment due thereon.

All lands comprised within the section or district benefited, except those owned by the Republic of the Philippines, shall be subject to the payment of the special assessment.

The ordinance providing for the levying and collection of a special assessment shall describe with reasonable accuracy the nature, extent, and location of the work to be undertaken; the probable cost of the work; the percentage of the cost to be defrayed by special assessment; the district or section which shall be subject to the payment of the special assessment and shall describe with reasonable accuracy metes and bounds if practicable, and by other reasonable accurate means if otherwise, and the period, which shall not be less than five nor more than ten years, in which said special assessment shall be payable without interest. One uniform rate per centum for all lands in the entire district or section subject to the payment of all the special assessment need not be established, but different rates for different parts or sections of the city according as said property will derive greater or less benefit from the proposed work, may be fixed. It should be the duty of the city engineer, to make the plans, specifications, and estimates of the public works contemplated to be undertaken.

The proposed special assessment ordinance shall be published, with a list of the owners of the lands affected thereby, once a week for four consecutive weeks in any newspaper published in the city, one in English, one in Spanish, and one in the local dialect, if there be any, and in default of local papers, in any newspaper of general circulation in the city. The said ordinance in English, Spanish, and the local dialect shall also be posted in places where public notices are generally posted in the city and also in the district or section where the public improvement is constructed or contemplated to be constructed. The secretary of the city council shall, on application, furnish a copy of the proposed ordinance to each land-owner affected, or his agent and shall, if possible, send to all of them a copy of said proposed ordinance by ordinary mail or otherwise.

Not later than thirty days after the last publication of the ordinance and the list of landowners, as provided in the preceding section, the landowners affected may file with the City Council a protest against the enactment of the ordinance. The protest shall be duly signed by them and shall set forth the addresses of the signers and the arguments in support of their objection or protest against the special assessment established in the ordinance. If no protest is filed within the time and under the condition above specified, the ordinance shall be considered approved as published.

The City Council shall designate a date and place for the hearing of the protest filed in accordance with the next preceding section and shall give reasonable time to all protestants who have given their addresses and to all landowners affected by any protest or protests, and shall order the publication once a week for two consecutive weeks, of a notice of the place and date of hearing in the same manner herein provided for the publication of the proposed special assessment ordinance. All pertinent arguments and evidences presented by the landowners interested or their attorney shall be attached to the proper records. After the hearing, the City Council shall either modify its ordinance or approve it in toto and send notice of its decision to all interested parties who have given their addresses, and shall order the publication of the ordinance as approved finally together with a list of the owners of the parcels of land affected by the special assessment, three times weekly, for three consecutive weeks, in the same manner hereinabove prescribed. The ordinance finally passed by said body shall be sent to the mayor with all the papers pertaining thereto, for his approval or veto as in the case of other city ordinances. If the Mayor approves it, the ordinance shall be published as above provided, but if he vetoes it, the procedure in similar cases provided in this Charter shall be observed.

Upon the expiration of thirty days from the date of the last publication of the ordinance as finally approved, the same shall be effective in all respects, if no appeal therefrom is taken to the proper authorities in the manner hereinafter prescribed.

Any time before the ordinance providing for levying and collection of special assessment becomes effective in accordance with the preceding section, appeals from such assessment may be filed with the President of the Philippines in case of public works undertaken or contemplated to be undertaken by the National Government, and with the Secretary of Finance in the case of public works undertaken or contemplated to be undertaken by the city. In all cases, the appeal shall be in writing and signed by at least a majority of the owners of the lands situated in the special assessment zone whose holdings represent more than one-half of the total assessed value of the lands affected. The appellant or appellants shall immediately give the City Council a written notice of the appeal, and the Secretary of the City Council shall, within thirty days after receipt of the notice of appeal, forward to the officer who has jurisdiction to decide the appeal an excerpt from the minutes of the council relative to the proposed special assessment and all the documents in connection therewith.

Only appeals made within the time and in the manner prescribed in this Act shall be entertained, and the officer to whom the appeal is made may call for further hearing or decide the same in accordance with its merits as shown in the papers or documents submitted to him. All appeals shall be decided within sixty days after receipt by the appellate officer of the docket of the case, and such decision shall be final.

As soon as the ordinance is in full force and effect, the city treasurer shall determine the amount of the special assessment which the owner of each parcel of land comprised within the zone described in the ordinance levying the same is to pay each year during the prescribed period, and shall send to each landowner a notice thereof by ordinary mail. If upon completion of the public works it should appear that the actual cost thereof is smaller or greater than the estimated cost, the city treasurer shall without delay proceed to correct the assessment by increasing or decreasing, as the case may be, the special tax on each parcel of land affected, for the balance of the unpaid annual installments. If all annual installments have already been paid, the city treasurer shall fix the amount of credit to be allowed to, or the additional special tax to be levied upon, the land as the case may be. In all cases, he shall give notice of such rectifications to the parties interested.

All sums due from any land owner or owners as the result of any action taken pursuant to this article shall be payable to the city treasurer in the same manner as the annual ordinary tax levied upon real property, and shall be subject to the same penalties for delinquency and be enforced in the same manner as said annual ordinary tax; and all said sums together with any of said penalties shall, from the dates on which they were assessed, constitute special liens on said land, with the sole exception of the lien for the nonpayment of the ordinary real property tax. If, upon recomputation of the amount of the special assessment in accordance with the next preceding section, it appears that the landowner has paid more than what is correctly due from him, the amount paid in excess shall be refunded to him immediately upon demand; in the other case, the landowner shall have one year within which to pay without penalty the amount still due from him. Said period shall be counted from the date the landowner received the proper notice.

The proceeds of the special assessment and penalties thereon shall be applied exclusively to the purpose or purposes for which the assessment were levied. It shall be the duty of the city treasurer to turn over to the National Treasury all collections made by him from special assessment levies for national public works. ARTICLE XV City Budget

At least four months before the beginning of each fiscal year, the city treasurer shall present to the Mayor a certified statement by department of all receipts and expenditures of the city pertaining to the preceding fiscal year, and to the first seven months of the current fiscal year together with an estimate of the receipts and expenditures for the remainder of the current fiscal year; and he shall submit with this statement a detailed estimate of the revenues and receipts of the city from all sources for the ensuing fiscal year. Upon receipt of this statement and estimate and the estimates of department heads as required by Section nineteen of this Charter, the Mayor shall formulate and submit to the City Council at least two and a half months before the beginning of the ensuing fiscal year, a detailed budget covering the estimated necessary expenditures for the said ensuing fiscal year, which shall be the basis of the annual appropriation ordinance: Provided, however, That in no case shall the aggregate amount of such appropriation exceed the estimate of revenues and receipts submitted by the city treasurer as provided above.

Supplemental budget formulated in the same manner as the annual budget may be adopted when special or unforeseen circumstances make such action necessary.

Whenever the City Council fails to enact an appropriation ordinance for any fiscal year before the end of the current fiscal year, the appropriation ordinance for such year shall be deemed reenacted, and shall go into effect on the first day of July of the new fiscal year as the appropriation ordinance for that year.

The city funds shall consist of the general fund and such special funds as may be created by law or ordinance. The general fund shall be devoted exclusively for local public purposes. Any provision of law to the contrary notwithstanding, the general fund of the city shall not be encumbered by way of contribution, aid, and transfer to other entities, local, national, or charitable, without securing first the approval of the City Council. ARTICLE XVI City Court

There shall be a city court for the City of Davao which shall have three branches for which the three judges thereof shall be known, respectively, as judge of the first, second and third branch. The City Council may, when the circumstances so warrant and subject to the approval of the Secretary of Justice, appropriate the necessary amount for the establishment of other branch or branches of the city court, the judge or judges thereof to be appointed in the manner provided for by law. The city judge may, upon proper application to the Secretary of Justice, be allowed a vacation of not more than thirty days every year with salary, which they shall enjoy in accordance with a rotation plan to be laid by the executive judge of the city court with the concurrence of the two other city judges, provided, however, that the total vacation and sick leave that may accumulate to their credit shall be made commutable until their voluntary resignation from office and/or their retirement. In case of absence, incapacity or inability of any city judge or judges, the Secretary of Justice shall designate a municipal judge or judges of any of the adjoining municipalities to preside over the branch or branches concerned, and to hold office temporarily until the regular incumbent thereof, shall have resumed office, or until another judge shall have been appointed in accordance with law. The municipal judge so designated shall receive his salary as such municipal judge, plus thirty per centum of the salary of the city judge whose office he has temporarily assumed. The city judges of the city court of Davao shall each receive a salary of not less than fifteen thousand pesos per annum.

There shall be a clerk of court who, except the present incumbent, must be a member of the Philippine Bar and shall be appointed by the city mayor upon recommendation of the executive judge whose salary shall be fixed by the city council. Notwithstanding the provisions of Republic Act Numbered Nine hundred fifteen, the clerk of court shall at the same time be sheriff of the city and shall have as such, the same powers and duties as assigned by existing law to provincial sheriffs: Provided, however, That the newspaper or newspapers in which notices of sales at auction of real property or other notices are to be published shall be designated by the interested party. There shall also be a deputy clerk-legal researcher, three deputy clerks, three deputy sheriffs and other clerks of the city court who shall be appointed by the executive judge whose salaries shall be fixed by the city council. The clerk of the city court shall keep its seal and affix it to all orders, judgments, certificates, records and other documents issued by the court. He shall keep a docket of the trials in the court, in which he shall record in a summary manner the names of the parties and the various proceedings in civil cases, and in criminal cases, the name of the defendant, the charge against him, the names of the witnesses, the date of the trial, and the nature of the judgment, together with the fines and cost adjudged or collected in accordance with the judgment. He shall have the power to administer oaths.

The city court shall have the same jurisdiction in civil and criminal cases and the same incidental powers as conferred by law upon the same city courts of chartered cities and such additional jurisdiction and powers as may be conferred upon it by this Charter or by special law.

In a prosecution for the violation of any ordinance, the first process shall be a summons; except that a warrant for the arrest of the offender may be issued in the first instance upon the affidavit of any person that such ordinance has been violated; and that the person making the complaint has reasonable grounds to believe that the party charged is guilty thereof, which warrant shall conclude: "Against the ordinance of the city in such cases made and provided." All proceedings and prosecutions for offenses against the laws of the Philippines shall conform to the rules relating to process, pleading, practice, and procedure for the judiciary of the Philippines, and such rules shall govern the city court and its officers in all cases insofar as the same may be applicable. An appeal from the city court to the Court of First Instance and to appellate courts shall be governed by the provisions of the Revised Rules of Court and the Judiciary Act of 1948, as amended.

There shall be taxed against and collected from the defendant, in case of his conviction in the city court, such costs and fees as may be prescribed by law in criminal cases in municipal courts. All costs, fees, fines and forfeitures shall be collected by the clerk of court, who shall keep a docket of those imposed and of those collected, and shall pay collections of the same to the city treasurer, for the benefit of the city, on the next business day after the same are collected, and take receipts therefor. The city judge shall examine said docket each day, compare the same with the amount receipted for by the city treasurer and satisfy himself that all such costs, fees, fines and forfeitures have been duly accounted for.

No person shall be confined in prison by sentence of the city court until the warden or officer in charge of the prison shall receive a written commitment showing the offense for which the prisoner was tried, the date of the trial, the exact terms of the judgment or sentence, and the date of the order of the commitment. The clerk shall, under seal of the court, issue such commitment in each case of sentence to imprisonment. ARTICLE XVII Final Provisions

All elective officials of the city government shall continue in office until the expiration of the term to which they were elected. All appointive officials, officers and employees of the city government shall continue in office and shall automatically be entitled to the benefits and emoluments of this Act without further need of another appointment and confirmation.

Not withstanding the scale of salaries fixed by this Act, the higher rates of salaries that may be provided for by any national salary standardization law shall prevail.

Until otherwise provided by law, the Province of Davao and the City of Davao shall continue as one representative district and the capital of the Province, only for residential purposes of the Provincial Government, shall remain as heretofore.

The buildings and properties which the province shall abandon upon the transfer of the capital to another place will be acquired and paid for by the City of Davao at a price to be fixed by the Auditor General.

All existing laws or parts of law inconsistent with this Act are hereby repealed.

This Act shall take effect upon its approval, except with respect to the salaries provided herein which shall be retroactive as of July one, nineteen hundred sixty-four. Approved: June 19, 1965