Republic Act No. 5502: Revised charter of the city of caloocan

REPUBLIC ACT No. 5502

AN ACT REVISING REPUBLIC ACT NUMBERED THIRTY-TWO HUNDRED AND SEVENTY-EIGHT OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF CALOOCAN.

Section 1

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

ARTICLE I General Provisions

Section 2. Territory of the City of Caloocan

The City of Caloocan, as created by Republic Act Numbered Thirty-two hundred and seventy-eight, shall comprise the present territorial jurisdiction of the Municipality of Caloocan, in the Province of Rizal. For all administrative and municipal purposes, the provisions of Republic Act Numbered Thirty-five hundred and ninety shall not apply to the City of Caloocan, and for this purpose section twenty-six of the said Act is hereby modified accordingly.

Section 3. Corporate character of the City

The City of Caloocan 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.

Section 4. Seal and general powers of the City

The City shall have a common seal, and may alter the same at pleasure. It may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interest of the city, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits wherein said city is a party, and exercise all the powers hereinafter conferred.

Section 5. The City not liable for damages

The City shall not be liable or held for damages or injuries to persons or property arising from the failure of the Municipal Board, the Mayor 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 Municipal Board, Mayor or other city officers or employees while enforcing or attempting to enforce the provisions thereof.

Section 6. Jurisdiction of the City

The jurisdiction of the City of Caloocan for police purposes only shall be co-extensive with its territorial jurisdiction, 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 or city court of the respective municipalities or cities, to try crimes and misdemeanors committed within said drainage area, or within said spaces of one hundred meters. The court first taking jurisdiction thereof. The police force of the several municipalities and cities 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 city or municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said city or municipality concerned and not to the City of Caloocan.

ARTICLE II The Mayor and the Vice-Mayor

Section 7. 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 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 twenty thousand pesos per annum. The Municipal Board may appropriate such sum of money as may be reasonably necessary for the house allowance of the Mayor, or commute the same in addition to his salary.

Section 8. The Vice-Mayor

There shall be elected a Vice- Mayor who shall be the presiding officer of the Municipal Board. 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. He shall receive a salary of sixteen thousand pesos per annum.

The Vice-Mayor shall perform the duties and exercise the powers of the mayor in the event of the latter's sickness, absence or other temporary incapacity to discharge the powers and duties of his office. In the event of a permanent vacancy in the Office of the Mayor, the Vice- Mayor shall become Mayor for the completion of the unexpired term. If the Vice-Mayor is temporarily incapacitated for the performance of his official duties, or is serving as Acting Mayor, the member of the Municipal Board who received the highest number of votes in the last election shall serve as Acting Vice-Mayor; and in the event of such inability of the elected Mayor, the Vice- Mayor, is for any reason, temporarily incapacitated for the performance of the duties of the Mayor, or the office of the Vice-Mayor is vacant, the member of the Board who received the highest number of votes in the last election, shall serve as Acting Mayor and while so serving shall not perform any duty as a member of the Board. In such event, the remaining members of the Board shall elect from among themselves the presiding officer. Whenever the Vice-Mayor performs the duties and exercises the powers of the Mayor, he automatically ceases to be the presiding officer of the Municipal Board. Where a member of the Municipal Board exercises the functions of the Vice-Mayor, said member ceased to take part in the considerations of the Board except to preside. For service as Acting Mayor or Acting Vice-Mayor, the Vice-Mayor or member of the Board shall receive a total compensation equivalent to the salary of the Mayor or Vice-Mayor as the case may be, during the period of such service.

The Vice-Mayor shall perform such other duties as may be assigned to him by the Mayor or prescribed by law or ordinance.

Section 9. General Powers and duties of 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 the provisions of this Charter and other laws and ordinances in effect within the jurisdiction of the city;

(b)To safeguard all the lands, buildings, records, moneys, credits, and other properties 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 wherever 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;

(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;

(g)To give such information and recommend such measures to the Board 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 sessions of the Board and participate in its discussions, but not to vote;

(i)To represent the city in all its business matters, and sign in its behalf all its bonds, contracts, and obligations made in accordance with laws and ordinances;

(j)To submit to the Municipal Board at least two months before 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 administrative and 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 prohibited by law or municipal ordinance are being committed under the 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 city 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 of storms and other public calamities;

(o)To request, if public interest and safety so require the assistance of the Philippine Constabulary and other police agencies in maintaining peace and order in the city, and only in such cases of specific request made can the Philippine Constabulary or other police agencies intervene in the preservation of peace and order; and (p) To perform such other duties and exercise such other executive powers as may be prescribed by law or ordinance. Section 9-A. City Administrator. The mayor shall appoint a city administrator who shall hold office during the term of office of the appointing mayor, and until his successor is appointed and qualified, unless sooner removed for cause. His position shall be within the unclassified service and he shall receive a salary of fifteen thousand, pesos per annum. He shall have the following powers, duties and responsibilities to be exercised under the direction, control and supervision of the mayor;

(a)To serve as budget officer of the City;

(b)To be responsible for the development and administration of a sound personnel system for the city consistent with the governing provisions of the Civil Service Law and rules, and to establish and maintain a roster of all employees of the city, in which there shall be set forth, as to each employee, the class, title of the position held, the salary or pay, any change in class, title, pay or status, and other pertinent data;

(c)Subject to applicable Civil Service Law, rules or regulations, to prepare and recommend for adoption of the municipal board, with the approval of the mayor first had, a comprehensive pay plan for the appointive officers and employees of the City, whose salaries are not otherwise fixed in this act, which shall be based on the duties, authority and responsibility of the various positions; and to recommend changes in the revisions to such plan from time to time as he may deem necessary or desirable;

(d)To conduct a continuous study of the work and the internal organization and procedures of all offices, departments, and agencies under the jurisdiction of the mayor, and to develop and prescribe accepted administrative procedures, and establish management and work standards therefor;

(e)To analyze and report to the mayor impending policy decision affecting the management of the city and its agencies;

(f)To conduct research and prepare reports which give continuing attention to problems involving the effective and economical organization and administration of the city services, and to prepare annual and such other reports as the mayor or the city council may require;

(g)To require, provide for, and arrange to install and maintain by departments and agencies under the jurisdiction of the mayor, such management records and statistical techniques related to the collection and analysis of performance data as may from time to time become necessary for desirable;

(h)To develop and prepare materials on management for use in in-service training programs and to provide technical assistance and guidance in the conduct of such programs;

(i)To maintain liaison with civic and community groups on matters of governmental management;

(j)To act as the executive director of the city development council; and (k) To perform such other duties required of him by ordinance or assigned to him in writing by the mayor. The city administrator shall have two assistants, who shall each receive a compensation of eleven thousand pesos per annum, one to take charge of personnel matters and the other to take charge of fiscal matters, whose positions shall be within the classified service, and such other personnel to assist him in his duties.

Section 10. Secretary to the Mayor

The Mayor shall appoint one secretary who shall hold office at the pleasure of the Mayor and who shall receive a compensation of eleven thousand pesos per annum.

The Secretary shall have the rank of a department and shall have charge and custody of all records and documents of the Office of the Mayor; shall keep the corporate seal and affix the same with his signature to all ordinances and resolutions signed by the Mayor and to 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; shall upon request, furnish certified copies of all city records and documents in his charge which are not of a confidential nature and charge until otherwise fixed by the municipal board twenty centavos for each one hundred words including the certificate, the fees to be paid directly to the city treasurer. He shall also perform such duties as are required by the heads of departments of the city government by Section eighteen hereof, and such other duties as the Mayor may require of him. The position of the secretary shall be regarded as within the unclassified civil service but may be filled in the manner in which classified positions are 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, unless sooner separated.

ARTICLE III The Municipal Board

Section 11. Constitution and organization of the Municipal Board Compensation of members thereof

The Municipal Board shall be the legislative body of the city and shall be composed of the Vice-Mayor, who shall be its 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 accordance with the provisions of the Revised Election Code. The Vice-Mayor shall have no right to vote except in case of a tie.

In case of sickness, absence, suspension or other temporary disability of any member of the Board, or if necessary to maintain quorum, the President of the Philippines may appoint a temporary substitute, who shall possess all the rights and perform all the duties of a member of the Board until the return to duty of the regular incumbent.

The members of the Municipal Board shall receive a salary of twelve thousand pesos each per annum.

Section 12. Qualifications, election, suspension and removal of members

The members of the Municipal Board 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 Board 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. The twelve candidates receiving the greatest number of votes shall be declared elected.

A vacancy in the Municipal Board shall be filled in accordance with the provisions of the Revised Election Code.

Section 13. Secretary of the Board

The Board shall have a secretary, who shall be elected by it to serve during the term of office of the member. 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 Municipal Board. He shall keep a full record of the proceedings of the Board, 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 of creating liability enacted or adopted by the Board, with the dates of passage of the same and of the publication or ordinances; shall keep a seal, circular in form with the inscription "Municipal Board. City of Caloocan," in the center of which shall be placed the arms of the city, and affix the same, with his signature, to all ordinances and other officials acts of the Board, 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, furnish certified copies of all records of public character in his charge under the seal of his office and charge until otherwise fixed by the Municipal Board twenty centavos for each one hundred words including the certificate, the fees to be paid directly to the city treasurer; and shall keep his office and all records therein which are not of a confidential nature open to public inspection during usual business hours. The compensation of the secretary shall be nine thousand two hundred pesos per annum.

Section 14. Method of transacting business by the Board

Veto. Authentication and publication of ordinances. The Board shall hold two ordinary sessions for the transaction of business during each week on days which it shall fix by resolution, and such extraordinary sessions, as may be called by the Mayor or upon request of six members of the Board. 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 Board 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 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 any other measure shall prevail upon the majority vote 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 Municipal Board, signed by the presiding officer and the secretary of the Board 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 within said time.

Each ordinance enacted by the Board, and each resolution or motion directing the payment of money or creating liability, 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 Board, and again forwarded to the Mayor for his approval, and if within ten days after its receipt he does not again 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 of the Philippines 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 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 Board 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 ordinance of the previous year shall be deemed reenacted unless otherwise expressly directed in the veto.

Section 15. General powers and duties of the Board

Except as otherwise provided by law, and subject to the conditions and limitations thereof, the Municipal Board shall have the following legislative powers:

(a)To provide for the levy and collection of taxes for general and special purposes in accordance with law providing specifically the power to levy real property tax not to exceed two per centum ad valorem;

(b)To make all appropriations for the expenses of the government of the city;

(c)To fix the number and salaries of officials and employees of the city not otherwise provided for in this Act: Provided, That the rate thereof shall not exceed the maximum salary provided by subsisting salary laws and orders issued by the President;

(d)To authorize the free distribution of medicine to the employees and laborers of the city whose salary or wage does not exceed one hundred and eighty pesos per month or six pesos per day, and of evaporated or fresh native milk to indigent mothers residing in the city and of bread and light meals to indigent children ten years or less of age residing in the city, the distribution to be made under the direct supervision and control of the Mayor;

(e)To fix the tariff or fees and charges for all services rendered by the city or any of its departments, branches, or officials;

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

(g)To provide for the establishment and maintenance of public schools; and, except as otherwise provided by law, to fix, with the approval of the Director of Public Schools, reasonable matriculation and/or tuition fees for secondary instruction therein and to acquire sites for school houses for primary and intermediate classes through purchases or conditional or absolute donation;

(h)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 Public Schools, to fix reasonable tuition fees for instruction in the vocational schools and in the institutions of higher learning supported by the city;

(i)To provide for 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, disorderly persons, mendicants, prostitutes and persons convicted of violating any of the ordinances of the city;

(j)To maintain the City court established by law which shall have jurisdiction of all criminal cases under the ordinances of the city, and such further jurisdiction as may be herein or hereafter conferred;

(k)To provide for and maintain a city fire department and to establish and maintain engine houses, fire engines, hose trucks, hooks and ladders, and other equipment for the prevention and extinguishment of fires, and to regulate the management and use of the same;

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

(m)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 and rockets and the use of firecrackers, fireworks, torpedoes, candles, skyrockets, and other pyrotechnic display, and to fix the fees for such permits;

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

(o)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, manicurist, hair dressers, tattooers, jugglers, acrobats, wrestlers, boxers, pelotaris and jockeys; shooting galleries, slot machines, merry-go-rounds and other similar riding devices, and the keeping, preparation, and sale of meat, poultry, fish, game butter, cheese, lard, vegetable, bread, and other provisions; and to impose a municipal occupation tax, not to exceed fifty pesos per annum on lawyers, medical practitioners, land surveyors, architects, public accountants, civil, electrical, chemical, mechanical, or mining engineers, radio engineers or technicians, veterinarians, dental surgeons, opticians and optometrists, insurance agents and sub-agents, business agents and business consultants, professional appraisers of connoisseurs of tobacco or other domestic or foreign products, music teachers, piano tuners, nurses and midwives, auctioneers, plumbers, electrical contractors, building contractors, masseurs, physical culture instructors, chiropodists, money changers, real estate, commercial and other brokers, and persons engaged in the transportation of passengers or freight by hire, and or transportation companies and their agencies, including common carriers and transportation contractors: Provided, That persons exercising their profession or occupation only as salaried employees and not as independent practitioners shall be exempt from the municipal occupation tax herein prescribed;

(p)To tax, fix the license fee and regulate the business of hotels, restaurants, refreshment places, cafes, lodging houses, boarding houses, brewers, distillers, rectifiers, laundries, dyeing and cleaning establishments, beauty parlors, physical or beauty culture and fashion schools, clubs, livery garages, public warehouses, pawnshops, theaters, cinematographs, and the letting or sub-letting of lands and/or buildings, whether used for commercial, industrial or residential purposes; and further to fix the location of and to tax, fix 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, circuses and other similar parades, public vehicles, public ferries, race tracks, horse races, dog races, cockpits, Jai-Alai, dealers in second-hand materials or merchandise, junk dealers, theatrical performances, boxing contests, public exhibitions, blacksmith shops, foundries, steam boilers, lumber yards, shipyards, the storage and sale of gunpowder, tar, pitch, resin, coal, oil, gasoline, benzine, turpentine, hemp, cotton, nitroglycerin, petroleum or any of the products thereof and of all other highly combustible or explosive materials, and other establishments likely to endanger the public safety or give rise to conflagration or explosions, and, subject to the provisions of rules and regulations issued by the Department of Health in accordance with law, tanneries, renderies, tallow chandleries, bone factories, and soap factories;

(q)To tax, regulate and fix the license fees on printers or bookbinders or both, tailor shops, milliners, manufacturers of jewelry, embroideries, sail, or awnings, or both, rope, paper, leather goods including shoes, slippers, sandals, harnesses, and valises or bags, sporting goods, rubber goods, plastics and celluloid products, hardware including glasswares and tinwares, ceramics, and cement products, cooking utensils, electrical goods and construction materials, chemical products including drugs, perfumes, toilet articles, paints, dyes and inks, textiles, shell lamp 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, and buttons. Manufactures above-mentioned shall not be subject to the payment of any municipal tax or license fee as retail dealers of their own products;

(r)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 provisions of this section; Dealers in general merchandise shall be classified as (a) wholesale dealers and (b) retail dealers. For purpose 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 (4) 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 be compulsory for the owner to secure more than one license if he pays the higher or highest rate of tax prescribed by ordinance. Wholesale dealers shall pay the license tax as such, as may be provided by ordinance. For purposes of this section, the term "general merchandise" shall include poultry and livestock, agricultural products, fish and other allied products;

(s)To tax, fix the license fee on and regulate the sale, trading in or disposal of intoxicating liquor, whether imported or locally manufactured, alcoholic or malt beverages, wines, and mixed or fermented liquors, including tuba, basi and tapuy offered for retail sale;

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

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

(v)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 fees for the licenses of the engineers engaged in operating the same;

(w)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, and for the maintenance and preservation of peace and good morals;

(x)To prohibit, or regulate and fix the license fees for the 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;

(y)To establish and maintain municipal pounds; to regulate, restrain, and prohibit the running at large of domestic animals, and provide for the distraining, impounding, and 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 in relation thereto;

(z)To prohibit, and provide for the punishment of cruelty to animals; (aa) 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 with the specifications of the city engineer as to quality, width and grade, and subject to his supervision and approval, providing that, in case of failure or inability of the property owners to comply with the retirement within a specified period of time after demand, the city engineer shall cause the work to be done and the cost thereof collected as a special assessment from such owners, who may choose to pay the same in full, or in ten equal yearly installments which shall be due and payable to the City of Caloocan in the same manner as the annual tax levied on real estate, and shall be made subject to the same penalties for 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 non-payment of said annual tax; (bb) To regulate the inspection, weighing, and measuring of brick, lumber, coal and other articles or merchandise; (cc) Subject to the provisions of existing law, to provide for the laying out, construction and improvement, and to regulate the use of streets, avenues, alleys, sidewalks, wharves, piers, parks, cemeteries, and other public places; 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, sign-posts, awnings, awning posts, and the carrying or displaying of banners, placards, advertisements, or hand bills, 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 matter or matters liable to cause damage in the street and other public places and to provide for the collection and disposition thereof; to provide for the inspection of, fix the license fees for the regulate the openings in the same for the laying of gas, water, sewer, and other pipes, the building and repair of tunnels, sewers, and drains, and all structures in and under the same and the erecting of poles and the stringing of wires therein; to provide for and regulate cross-walks, curbs, and gutters therein; to name streets without a name and provide for and regulate the numbering of houses and lots fronting thereon or in the interior of the blocks; to regulate traffic and sales upon the streets and other public places; to provide for the abatement of nuisances in the same and punish the authors of owners thereof; to provide for the construction and maintenance, and regulate the use of bridges, viaducts, and culverts; to prohibit and regulate ball playing kite flying, hoop rolling, and other amusements which may annoy persons using the streets and public places, or frighten horses or other animals; to prohibit and regulate the operation of human powered vehicles; to regulate the speed of horse and other animal driven vehicles, and locomotives within the limits of the city; to regulate the lights used on all such vehicles and locomotives; to regulate the locating, constructing and laying of the track of horse, electric, and other forms of railroad in the streets or other public places of the city authorized by law; to provide for and change the location, grade and crossing of railroad, and compel any such railroad to raise or lower its tracks to conform to such provisions or changes; and to require railroad companies to fence their property, or any part thereof, to provide and to construct and repair ditches, drains, sewers, and culverts along and under their tracks, so that the natural drainage of the streets and adjacent property shall not be obstructed; (dd) 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; and to provide for or regulate the drainage and filling of private premises when necessary in the enforcement of sanitary rules and regulations issued in accordance with law; (ee) Any provision of law to the contrary notwithstanding, to provide for the maintenance of waterworks for the purpose of supplying water to the inhabitants of the city, and for the purification of the source of water supply, and the places through which the same passes, and to regulate the consumption and use of water; to fix, subject to the provisions of the Public Service Law, and provided for the collection of rents therefor and to regulate the construction, repair and use of hydrants, pumps, cisterns and reservoirs; (ff) To provide for the establishment and maintenance and regulate the use of public drains, sewers, latrines and cesspools; (gg) Subject to the rules and regulations issued by Department of Health in accordance with law, to provide for the establishment and maintenance and to fix the fees for the use of, and regulate public stables, laundries, and baths, and public markets, and to prohibit or permit by license granted upon such terms as shall be fixed by the Board, the establishment or operation within the city limits of public markets by any person, entity, association, or corporation other than the city; (hh) 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 for veterinary or sanitary inspection of meat from large cattle or other domestic animals slaughtered outside the city, when such inspection was had at place where the animals were slaughtered;

(ii)To regulate, inspect and provide measures preventing any discrimation or the exclusion of any race or races in or from any institution, establishment, or service open to the public within the city limits, or in the sale and supply of gas or electricity, or in the telephone service; to fix and regulate charges therefor where the same have 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 for the condemnation, substitution or removal of the same when defective or dangerous; (jj) 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 do so, within sixty days from date of 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, for 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; (kk) To provide for the enforcement of the rules and regulations issued by the Department of Health, and by ordinance to prescribe penalties for violation of such rules and regulations; (ll) For the purpose of protecting and insuring the purity of the water supply of the city, to extend its ordinances over all territory within the drainage area of such water supply, and within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service; (mm) To regulate any other business or occupation being conducted within the city not specifically mentioned in the preceding paragraphs, and to impose a license fee upon all persons engaged in the same or who enjoy privileges in the city; (nn) 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 entrance of provincial public utility vehicles into the city, except those passing through the city; (oo) To fix the date of the 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; and (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 other 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 ordinance, which shall not exceed a two hundred-peso fine or six months imprisonment, or both such fine and imprisonment for a single offense.

Section 16. Restrictive provisions

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 the 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 expense incident to its removal shall become a lawful charge against any person or property liable for the erection or display thereof.

ARTICLE IV Department and Offices of the City

Section 17. City departments

There shall be the following city departments over which the Mayor shall have direct control and supervision:

1. Department of Finance 2. Department of Engineering and Public Works 3. Office of the City Legal Officer 4. Office of City Registrar 5. Department of Health 6. Police Department 7. Fire Department 8. Department of Assessment 9. Caloocan City General Hospital On recommendation of the City Mayor, the Municipal Board may from time to time make such readjustment of the duties of the several departments as the public interest may demand, and may consolidate any department, division or office of the city with any other department, division or office.

Section 18. Powers and duties of heads of departments

Each head of department of the city government shall have control of such department 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 opening of each fiscal year, he shall prepare and present to the Mayor an estimate of the appropriation necessary for the operation of his department during 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.

Section 19. Appointment and removal of officials and employees

The mayor shall appoint subject to Civil Service law rules and regulations the city assessor, the city agriculturist, the city chief of police, the chief of the city fire department, and other heads of offices entirely paid out of city funds and their respective assistants or deputies. The President of the Philippines shall appoint, with the consent of the Commission on Appointments, the judges and auxiliary judges of the city court, the judge of the juvenile and domestic relations court, the city treasurer, the city engineer, the city fiscal and his assistants, the city health officer, and other heads of such city departments as may be created. Said officer shall not be suspended nor removed except in the manner and for cause provided by law. The Secretary of Education shall appoint the city superintendent of schools and assistant city superintendent of schools.

All other officers and employees of the city whose appointments are not otherwise provided for by law shall be appointed by the Mayor upon recommendation of the corresponding city department head in accordance with the Civil Service Law, and they shall be suspended or removed in accordance with said law.

Section 20. Full time duty

Each city officer, except members of the Municipal Board, shall devote his time and attention exclusively during the usual office hours to the duties of this office, and members of the municipal board shall attend the regular sessions of the Board. No city officer shall hold more than one office unless expressly so provided by law. But this section shall not apply to other persons discharging public duties in the city under the National Government who receive no compensation for their services.

Section 21. Officers not to engage in certain transactions

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 assessment, 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 is an interested party.

ARTICLE V Relation to Bureaus and Offices

Section 22. The General Auditing 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 a salary of fifteen thousand pesos per annum, one-half of which is to be paid by the National Government and the other half by the city.

"Sec. 22-A. Ex-officio Sheriff of the City. The clerk of court of the Court of First Instance of Rizal who is officially stationed at the City of Caloocan shall be the ex-officio sheriff of the City, and all fees collected by him or by his deputies as such ex-officio sheriff shall be turned over to the city treasurer for the benefit of the City: Provided, That such amounts of sheriff's fees as are still in the possession of the city treasurer on the approval of this act shall be credited and remitted to the city for its general purposes."

Section 23. The Bureau of Public Schools

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 shall have all the powers and duties in respect to the schools of the city as are vested in division superintendents in respect to the schools of their division: Provided, That the salary of the city superintendent of schools and the operational expenses of primary and intermediate schools, including rentals of buildings for such schools, shall be borne by the National Government: Provided, further, That the salary of the city superintendents of schools, as well as the rentals of the school buildings herein mentioned, shall be charged against the twenty per centum additional share of the city, as provided in section sixty-six hereof, from the one per centum additional real estate tax imposed under the provisions of Republic Act numbered fifty four hundred and forty-seven, until the necessary amounts therefor shall have been provided for in the general appropriation act.

Section 24. Reports to the Mayor concerning schools

The city superintendents 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

Section 25. The City Treasurer His powers and duties

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

(a)He shall collect all taxes due to the city, all licenses authorized by law or ordinance, all rents due for lands, markets and other property owned by the city, and all further charges or fees of whatever nature, fixed by law or ordinance; shall administer public markets and slaughterhouses, and shall receive and issue receipts for all costs, fees, fines and forfeitures imposed by the City court from the clerk thereof, and for all the fees collected by the ex-officio sheriff or his deputies;

(b)He shall 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, he shall 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 law;

(d)He shall purchase and issue all supplies, materials, equipment, or other property required by the city, through the purchasing agent, or otherwise, as may be authorized, subject to the general provisions of law relating thereto: Provided, That the city treasurer may effect in the city or elsewhere the purchase, without public bidding, of supplies and materials in an amount not exceeding five hundred pesos, or of equipment in the value of not exceeding one thousand pesos, after a canvass of the market is made by him or his representative to obtain the lowest available price therefor, or a similar purchase of supplies and materials in an amount exceeding five hundred pesos, or of equipment in the value of more than one thousand pesos but not exceeding five thousand pesos in each case, after a canvass of the prices is made by the City Mayor and the city treasurer or their representatives: And Provided, further, That where the needed equipment costs more than five thousand pesos per unit, and the same is procurable only from a sole dealer, distributor or importer, or other source, the purchase thereof by the city without public bidding is also hereby authorized: Provided, That the price to be paid therefor is approved by the City Committee on Award created under Republic Act Numbered Twenty-Two Hundred and sixty-four, and certified by the Bureau of Supply Coordination as the lowest and most advantageous to the city;

(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)He shall deposit daily all city funds and collections, as are not needed in the current transactions in his office, in any bank duly designated as Government depository, and (g) He shall 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 twenty-fifth day of each month he shall furnish the Mayor and the Municipal Board, for their information, a statement of the appropriations, expenditures, and balances of all funds and accounts as of the last day of month preceding. Section 25-A. Restriction upon limit of disbursements. Disbursements by the City treasurer in accordance with appropriations of the municipal board, as shown in the city budgets, may be made from any government funds in the hands of the city treasurer, but the total disbursements from any city fund shall in no case be in excess of the actual collections plus fifty per centum of the uncollected estimated revenues accruing to such fund: Provided, That in case of an emergency caused by typhoon, earthquake or any other public calamity which may seriously affect the collections of revenues in the City during any fiscal year, the municipal board and the City Mayor may authorize the city treasurer to continue making disbursements from any government funds in his possession in excess of the limitation herein provided, but only for salaries and wages included in the budget. Any overdraft which may be incurred at the end of the year in any city fund by virtue of the provisions hereof shall be covered with the first collections of the following fiscal year accruing to such city fund.

Section 26. The Assistant City Treasurer

There shall be an assistant city treasurer who shall assist the city treasurer in the discharge of his official duties. He shall perform such other duties as may be imposed upon him by the city treasurer or prescribed by law or ordinance. He shall be appointed by the Mayor upon the recommendation of the city treasurer and subject to the approval of the Secretary of Finance and shall receive a salary of ten thousand two hundred pesos per annum.

The assistant city treasurer shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real estate taxes and concerning official matters relating to the city treasury or otherwise arising in the office of the city treasurer.

ARTICLE VII Department of Engineering and Public Works

Section 27. The City Engineer His 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:

(a)He shall have charge of all the surveying and engineering works of the city, care, cleaning and sprinkling of streets, canals and esteros, parks and public grounds, bridges, recreation and playgrounds, 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)He shall ascertain, record, and establish monuments of the city survey and from thence extend the surveys of the city, and locate, establish, and survey all city property, and also private property abutting on the same, whenever directed by the Mayor;

(c)He shall 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)He shall 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)He shall have the care of all public buildings, when erected, including markets and slaughterhouses and all 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)He shall have the 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;

(g)He shall prevent the encroachment of private buildings and fences on the streets and public places of the city;

(h)He shall have the care and custody of the public systems 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 inhabitants, and all private sewers and their connections with the public sewers systems;

(i)He shall supervise the laying of mains and connections for the purpose of supplying gas to the inhabitants of the city;

(j)He shall inspect and report upon the conditions of public property and public works whenever required by the Mayor;

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

(l)He shall 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;

(m)With the previous approval of the Mayor in each case, he shall order the removal of buildings and structures erected in violation of the ordinances; shall order the removal of materials employed in the construction or repair of any building or structure made in violation of said ordinances; and shall cause buildings and structures dangerous to the public to be made secure or torn down; and (n) He shall file and preserve all maps, plans, notes, surveys and other papers and documents pertaining to his office.

(o)He shall approve subdivision plans, conduct inspection, and investigations and determine whether the requirements of the subdivision ordinances have been duly complied with; and (p) He shall perform the functions of the city public works supervisor and such other duties as may be provided for by law.

Section 28. Execution of authorized public works and improvements

The city is hereby authorized to undertake and carry out any public works projects or improvements, financed by the city funds or any other fund borrowed from or advanced by private third party under the supervision of the city engineer without the intervention of the Department of Public Works and Communications. The approval of the plans and specifications thereof by the City Mayor and the city engineer shall constitute sufficient warrant for the undertaking and execution of said projects or improvements. The city may, however, consult if it so desires, the Department of Public Works and Communications in connection with the preparation of the plans and specifications for the city public works projects. The city is likewise authorized to execute public works projects either by administration or by contracts under the usual bidding procedure of the government: Provided, That in the case where expenditures of public funds is not involved, public bidding may be dispensed with.

ARTICLE VIII Law Department

A. THE OFFICE OF THE CITY LEGAL OFFICER

Section 29. The City Legal Officer

His power and duties. There shall be a city legal officer who shall be the chief of the law department of the city. He shall be the chief legal adviser of the city and all offices and departments thereof and shall receive a salary of fifteen thousand pesos per annum. He shall have the following powers and duties:

(a)He shall personally or through any assistant represent the city in all civil cases as well as cases affecting city ordinances wherein the city or any officer thereof, in his official capacity, is a party; and shall prosecute and defend all civil actions related to or connected with any city office or interest;

(b)He shall, when directed by the Mayor, institute and prosecute, in the city's interest a suit on any bond, lease, or contract, and upon any breach or violation thereof:

(c)He shall, when requested, attend meetings of the Board, draw ordinances, contracts, bonds, leases, and other instruments involving any interest of the city, and inspect and pass upon any such instruments already drawn;

(d)He shall give his opinion in writing when requested by the Mayor or the Board or any of the heads of the city departments, upon any question relating to the city or the rights, or duties of any city officer thereof;

(e)He shall, 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 consideration mentioned in the grant of such franchise or privilege, investigate or cause to be investigated the same and report to the Mayor; and (f) He shall at all times render such official services as the mayor or the municipal Board may require, and shall have such other powers and perform such other duties as may be prescribed by law or ordinance. The city legal officer shall have a senior assistant who shall receive a salary of ten thousand two hundred pesos per annum, three junior assistants who shall each receive eight thousand four hundred pesos per annum, and such other personnel as may be determined by the municipal board.

B. OFFICE OF THE CITY REGISTRAR

Section 29

-A. The office of civil registrar is hereby created which shall have the duties of issuing marriage licenses required by law to be issued before the solemnization of marriage. It shall be the duty of the civil registrar or his authorized deputy to:

(1)prepare the documents as are required by law in connection with the issuance of marriage license, and (2) administer oaths free of charge to all interested parties. He shall keep a civil registrar for the city for recording the civil status of persons, in which shall be entered:

C. OFFICE OF THE CITY FISCAL

Section 30. The City Fiscal His powers and duties

There shall be a city fiscal, a first assistant city fiscal, a second assistant city fiscal, a third assistant city fiscal, a fourth assistant city fiscal, and three fifth assistant city fiscal, who shall receive salaries in accordance with existing salary laws: Provided, That the salaries of the fourth assistant city fiscal and the three fifth assistant city fiscals shall be paid wholly from national funds. The city fiscal shall have the following powers and duties:

(a)He shall have charge of the prosecution of all crimes, misdemeanors, and violations of the laws and city ordinances, triable in the city court of the city or the Court of First Instance and shall discharge all the duties in respect to criminal prosecutions as are enjoined by law upon provincial fiscals;

(b)He shall cause to be investigated all charges of crimes, misdemeanors, and violations of laws and city ordinances brought to this knowledge, and have the necessary informations or complaints prepared or made against the accused. He or any of his assistants may conduct such investigations by taking oral evidence of reputed witnesses, and for the purpose may issue subpoena to 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 municipal court or to the Court of First Instance; and (c) He shall also cause to be investigated the cause of sudden deaths which have not been satisfactorily explained and when there is suspicion that the cause arose from the unlawful acts or omission of other persons, or from foul play. For that purpose, he may cause autopsies to be made 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, or, subject to the rules and conditions previously established by the Secretary of Justice, that of the medico-legal section of the National Bureau of Investigation. In case the city fiscal deems it necessary to have further expert assistance for the satisfactory performance of his duties in relation with medico-legal matters or knowledge, including the giving of medical testimony in the courts of justice, he shall request the same, in the same manner and subject to the same rules and conditions as above specified, from the medico-legal officer of the said Bureau who shall thereupon furnish the assistance required in accordance with his powers and facilities. ARTICLE IX Department of Health

Section 31. The City Health Officer

His powers and duties. 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 an assistant to assist him in his duties who shall have a salary of ten thousand two hundred pesos per annum. The city health officer shall have the following powers and duties:

(a)He shall have general supervision over the health and sanitary conditions of the city, including the cleaning of crematories, cemeteries, stockyards, slaughterhouses, and markets;

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

(c)He shall recommend to the Municipal Board the passage of such ordinances as he may deem necessary for preservation of the public health;

(d)He shall 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 of 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 have charge of the collection and disposal of all 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 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 health officer;

(g)He shall administer the city cemeteries; and shall have charge of the duties relative to the issuance of burial and transfer permits and of permits for the conveyance of body to sea for burial;

(h)He shall have control and supervision over puericulture centers and social services of the city;

(i)He shall be the ex-officio local civil registrar of the city in charge of the issuance before the solemnization of required by law to be issued before the solemnization of marriage. In this capacity, it shall be the duty of the city health officer or his authorized deputy to (1) prepare the documents as are required by law in connection with the issuance of marriage license and (2) administer oaths, free of charge, to all interested parties.

(j)He shall keep a civil register for the city for recording the civil status of persons, in which shall be entered:

(a)births, (b) deaths, (c) marriages, (d) annulments of marriages, (e) legitimations, (f) adoptions, (g) acknowledgments of natural children, (h) naturalization, and (i) changes of name. He shall also perform such other duties as are required of local civil registrars by the provisions of Act Numbered Thirty-seven hundred and fifty-three, entitled "An Act to establish a civil registrar; and (k) He shall perform such other duties, not repugnant to law or ordinance, with reference to the health and sanitation of the city as the Secretary of Health shall direct. In case of epidemic or when the inhabitants of the city are menaced by any infectious or contagious diseases the Secretary of Health shall designate a health official who shall help the city health officer institute such health and sanitary measures as may be promulgated by the Department of Health to prevent and/or stop the occurrence of such epidemic. Section 31-A. Duties of the Assistant City Health Officer. The assistant city health officer shall be charged with the following duties:

1. He shall, under the directions of the city health officer, act as the Executive officer of the department. 2. He shall perform such other duties as may be imposed upon him by the city health officer or as may be prescribed by laws or ordinances. 3. He shall act as head of the department in case of incapacity or absence of the city health officer; or when vacancy to the position exists until such time as the position is filled in accordance with law. ARTICLE X Police Department

Section 32. The chief of police His powers and duties

There shall be a chief of police who shall receive a salary of fifteen thousand pesos per annum and who shall have charge of the police department and everything pertaining thereto, including the organization and disposition of the city police and detective bureau; shall quell riots, disorders, disturbances of the peace, and shall arrest and prosecute violators of any law or ordinance; shall exercise exclusive supervision over land and water within the jurisdiction of the city; shall be charged with the protection of the rights of persons and property wherever found within the jurisdiction of the city; shall exercise supervision, administration, and control over the city jail and municipal prisoners in the city jail until they shall be released from custody, in accordance with law, or delivered to the warden of the proper prison upon order from a court of competent jurisdiction; may take good and sufficient bail for the appearance before 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 violations 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; shall have authority, within the police jurisdiction of the city, to serve and execute criminal processes of any court, and shall promptly and faithfully execute all writs and process of the city courts and all criminal processes of the Court of First Instance of the city, when placed in his hands for that purpose; shall exercise supervision over the police training school established in accordance with the rules and regulations of the police department; shall cause medico-legal examination by the medical examiner of the Caloocan City Police Department of victims of violence or foul play, sex crimes, accidents sudden death when the cause thereof is not known, self- inflicted injuries, intoxication, drug addiction, states of malingering and mental disorders, which are being investigated by the Caloocan City Police Department, or in exceptional cases, by other agencies requesting assistance of the Caloocan City Police Department; and shall cause examination by the medical examiner of the Caloocan Police Department or by a criminal investigation laboratory established within said department, of evidences and telltale marks of crime; and he shall have authority, within the police jurisdiction of the city, to verify license and/or permits of all persons holding firearms he shall have such powers and perform such further duties as may be prescribed by law or ordinance.

He may issue supplementary regulations 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.

Section 33. The Deputy Chief of 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 of police or prescribed by law or ordinance. He shall receive a salary of ten thousand two hundred pesos per annum.

Section 34. Chief of Detectives

There shall be a chief of the detectives 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.

Section 35. Peace officers Their powers and duties

The Mayor, the chief of police, the deputy chief of police, the chief of the detectives, 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 peace; to arrest or cause to be arrested, without warrant, any offender when the offense is committed in the presence of a peace office 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 of the Philippines and/or other police agencies. Except only in such cases of specific request made, police jurisdiction and supervision and the preservation of peace and order shall pertain exclusively to the peace officer herein mentioned.

ARTICLE XI Fire Department

Section 36. Chief of 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 fifteen thousand pesos per annum. He shall have the following powers and duties:

(a)He shall 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 force;

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

(c)He shall have full police powers in the vicinity of fires;

(d)He shall 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)He shall investigate and report to the Mayor upon the origin and cause of all fires occurring within the city;

(f)He shall inspect all buildings erected or under instruction or repair within the city and determine whether they provide sufficient protection against fire and comply with the ordinance relating thereto;

(g)He shall have charge of the city fire alarm service;

(h)He shall have exclusive power 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)He shall condemn all defective electrical installations and shall take the necessary steps to effect immediate corrective action, informing the Mayor of the action thus taken;

(j)He shall 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 fire department. He shall have the power to alter or disapprove such plans which do not provide for adequate protection against the occurrence of fires; and (l) He shall have such powers and perform such duties as may further be prescribed by law or ordinance.

Section 37. 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 or prescribed by law or ordinance. He shall receive a salary of ten thousand two hundred pesos per annum.

ARTICLE XII Department of Assessment

Section 38. The City Assessor

His 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:

(a)He or his duly authorized deputies shall assess all real estate properties subject to taxation within the jurisdiction of the city, and for this purpose he and his authorized deputies are empowered to administer oaths authorized to be administered in connection with the valuation of real estate for the assessment and collection of taxes;

(b)He shall make a list of all real estate in the city whether taxable or non-taxable and the names of the owners thereof, with a brief description of the property opposite each such names and the cash value thereof. 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 consideration any other evidence on the subject and exercising his own judgment in respect thereto. For the purpose of completing this list he and his representatives may enter upon the real estate for the purpose of examining and measuring it, and may summon witnesses, administer oaths to them, and subject them to examination concerning the amount of real estate, its ownership and cash value. In the exercise of his power the city assessor or his duly authorized deputies shall decrease the assessment when the property subject to assessment has suffered any permanent loss of value by reason of storm, depreciation, flood, fire or other calamities and shall increase the assessment where taxable improvements have been made upon property subsequent to the last previous assessment;

(c)To issue certified copies of the declarations of real properties and any other record relative to the assessment of any real property charging a sum of not less than two pesos for each copy and the proceeds thereof to be paid to the city treasurer; and (d) He may, if necessary, examine the records of the local register of deeds, and that of the Province of Rizal showing the ownership or real estate in the city.

Section 39. Real estate exempt from taxation

The following shall be exempted from taxation:

(a)Land or buildings owned by the Republic of the Philippines, the Province of Rizal or the City of Caloocan and burying grounds, churches, and adjacent parsonages and convents, and lands or 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 investments, though income therefrom be devoted to religious, charitable scientific, or educational purposes;

(b)When the entire assessed valuation of real property belonging to a single owner is not in excess of two hundred pesos or when the assessed value of a house, used as residence of the owner thereof, together with the lot on which the same is built, does not exceed four hundred pesos and such owner has no other real property, the tax thereon shall not be collected, nor shall the tax be collected on a dwelling house built on the field, on an adjacent orchard if any, as improvement, if the assessed value of each, assessed separately, is not in excess of two hundred pesos, though in any event the property shall be valued thereof as in other cases;

(c)Machinery, which term shall embrace machines, mechanical contrivances, instruments, appliances, and apparatus or implements intended by the owner for an industrial, agricultural, or manufacturing purposes carried on in a building or on a piece of land, though not attached to the real estate property but which tend directly to meet the needs of the said industry or works, during the first five years of the operation of the machinery. The provisions hereof notwithstanding, depreciation allowance shall be made for the machinery mentioned in the preceding paragraph equivalent to an amount not exceeding ten per centum of its value for each year of use;

Section 40. Declaration to be made by persons acquiring or improving real estate

It shall be the duty of each 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 prepare and present to the city assessor within a period of sixty days next following 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 based on the pertinent documents or plan duly approved by the corresponding authority, 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 herein 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 and findings based on the provisions of the assessment laws shall in all such cases, be valid and binding on all persons interested, and for purposes, as though the same has been assessed in the name of its present owner.

Should the tax declaration called for herein be not filed or if filed the same is disapproved, the city assessor or his duly authorized deputies may make the tax declaration for the property and the assessor's declarations shall be conclusive for real estate taxation.

Section 41

Action when owner makes no returns, or is unknown, or ownership is in dispute or in doubt, or when land and improvements are separately owned. If the 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, upon presentation of documents showing proof of possession for taxation purposes only. Where it shall appear that there are separate owners of the land and the improvements thereon, a separate assessment of the property of each shall be made.

Section 42. 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 in the manner provided in the next succeeding section and to charge against the owner thereof the taxes for the current year and for all other years during which it would have been liable if assessed from the first in proper course but in no case for more than four years prior to the year of the initial assessment, and the taxes thus assessed shall be legal and collectible by all the remedies herein provided, and if they are not paid before the expiration of the tax collection period next ensuing, all the penalties shall be added to such back taxes as though they have been assessed at the time they should have been assessed.

Section 43. When assessment may be increased or decreased

The city assessor may at any time of the year but not later than December 15 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, re-adjust and correct the assessed value and/or erroneous assessment 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 as the case may be: Provided, That revision shall not be made more than once every five years.

Section 44. City Assessor to authenticate list of real estate assessed

The city assessor shall complete the listing and valuation of all real estate situated within the city on or before the thirty-first day of December of each year, and when completed shall authenticate the same by signing the following certificate at the foot of the list:

| "I hereby certify that the foregoing list contains a true statement of the piece or pieces of taxable real estate belonging to each person named in the list, and its true case value, and that no real estate taxable by law in the City of Caloocan has been omitted from the list, according to the best of my knowledge and belief. | | | --- | --- | | | (Signature of City Assessor) |

Section 45. Publication of complete list and proceedings thereon

The City Assessor shall, after the list shall have been completed, inform the public by notice published for seven 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.

It shall be his duty to preserve carefully 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 is authorized to amend the list in accordance with his findings.

Section 46. Time and manner of appealing to City Board of Tax Appeals

In case any owner of real estate or his authorized agents shall feel aggrieved by any decision of the city assessor under the preceding sections of this Article, such owner or agent may, within thirty days after the entry of such decision, appeal to the City 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 office forthwith to transmit the appeal to the City Board of Tax Appeals with all the written evidence in his possession relating to such assessment and valuation.

Section 47. Constitution and compensation of City Board of Tax Appeals

There shall be a City Board of Tax Appeals which shall be composed of five members to be appointed by the City Mayor. Three members of the Board shall be selected from among government officials in the city other than those in charge of assessment and they 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 twenty pesos 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 City Mayor.

Section 48. Oath to be taken by members of the City Board of Tax Appeals

Before organizing 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 issue between taxpayers and the city assessor submitted for my decision. So help me God. (In case of affirmation the last four words are to be stricken out.) | | | --- | --- | | | Signature |

Subscribed and sworn to (or affirmed) before me this ____ day of _____________, 19___.

(Signature and title of Officer Administering Oath)"

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.

In plain language