[ REPUBLIC ACT NO. 8472, January 30, 1998 ]

AN ACT CONVERTING THE MUNICIPALITY OF TAGUM, DAVAO PROVINCE, INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF TAGUM

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

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. – This Act shall be known as the Charter of the City of Tagum.

Section 2. City of Tagum. – The Municipality of Tagum is hereby converted into a component city to be known as the City of Tagum, herein referred to as the City, which shall comprise of the present territory of the Municipality of Tagum, Davao Province, particularly consisting of the barangays of Apokon, Bincungan, Busaon, Canocotan, Cuambogan, La Filipina, Liboganon, Madaum, Magdum, Mankilam, New Balanban, Nueva Fuerza, Pagsabangan, Pandapan, Magugpo Poblacion, Magugpo North, Magugpo South, Magugpo East, Magugpo West, San Agustin, San Isidro, San Miguel, Visayan Village, including all respective sitios existing during and after their respective creations.

The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing boundary dispute or cases involving questions of territorial jurisdictions between the City of Tagum and the adjoining local government units.

Section 3. Corporate Powers of the City. – The City constitutes a political body corporate and as such is endowed with the attributes 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 the following corporate powers:

(1) To have a continuous succession in its corporate name;

(2) To sue and be sued;

(3) To have and to use a corporate seal;

(4) To acquire, hold and convey real or personal property;

(5) To enter into any contracts and/or agreements; and

(6) To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act or laws.

Section 4. General Powers. – The City shall have a common seal and may alter the same at pleasure.Ꮮαwρhi৷ It shall exercise the powers to levy taxes; to close and open roads, streets, alleys, parks or squares subject to the provisions of the Constitution and existing laws; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interest of the City; to expropriate or condemn private property for public use; to contract and be contracted with; to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the City is involved or interested in and to exercise all the powers as are granted to corporations or as hereinafter granted.

Section 5. Liability for Damages. – The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.

Section 6. Jurisdiction of the City. – The jurisdiction of the City of Tagum for police purposes only shall be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring the purity of the water supply of the City, such police jurisdiction shall also extend over all the 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 Regional Trial Courts and the City Courts of the City of Tagum shall have concurrent jurisdiction with the Regional Trial Courts and the Metropolitan Trial Courts or City or Municipal Trial Courts of the adjoining municipalities to try crimes and misdemeanor committed within the said drainage area, or within said spaces of one hundred meters. The court first taking jurisdiction of such offense shall thereafter retain exclusive jurisdiction thereof.

ARTICLE II
CITY OFFICIALS IN GENERAL

Section 7. The Officials of the City of Tagum. –

(a) There shall be in the City: a city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer and an assistant city treasurer, a city assessor and an assistant city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, a city agriculturist, and a city general services officer.

(b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city population officer, a city environment and natural resources officer, and a city cooperatives officer.

(c) The City shall establish a city fire station to be headed by a city fire marshal and a city jail to be headed by a city jail warden.

(d) The City of Tagum may:

(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purposes of the city government; or

(3) Consolidate the functions of any office with those of another in the interest of efficiency and economy.

(e) Unless otherwise provided herein, heads of departments and offices shall be appointed by the city mayor with the concurrence of the majority of all the sangguniang panlungsod members, subject to civil service law, rules and regulations. The sangguniang panlungsod shall act on the appointment within fifteen (15) days from the date of its submission, otherwise the same shall be deemed confirmed.

ARTICLE III
THE CITY MAYOR AND VICE MAYOR

Section 8. The City Mayor. –

(a) The city 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 city mayor unless at the time of the election:

(1) He is at least twenty-one (21) years of age;

(2) An actual resident of the City for at least one (1) year prior to his election; and

(3) A qualified voter therein.

He shall hold office for three (3) years, unless sooner removed, and shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto.

(b) The city mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided by the Local Government Code of 1991 and other laws:

(1) Exercise those powers expressly granted to him by law, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for the efficient and effective governance of the City and those which are essential to the promotion of general welfare:

(aa) Determine the guidelines of city policies and be responsible to the sangguniang panlungsod for the program of government;

(bb) Direct the formulation of the city development plan with the assistance of the city development council and upon approval thereof by the sangguniang panlungsod, implement the same;

(cc) Present the program of government and propose policies and projects for the consideration of the sangguniang panlungsod at the opening of the regular session of the sangguniang panlungsod every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the city government may require;

(dd) Initiate and propose legislative measures to the sangguniang panlungsod and as often as may be deemed necessary, provide such information and data needed or requested by said sanggunian in the performance of its legislative function;

(ee) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided for in this Act as well as those he may be authorized by law to appoint;

(ff) Represent the City in all its business transactions and sign in its behalf all bonds, contracts, obligations, and such other documents upon authority of the sangguniang panlungsod or pursuant to law or ordinance;

(gg) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;

(hh) Determine the time, manner and place of payment of salaries or wages of the city officials and employees in accordance with law or ordinance;

(ii) Allocate and assign office space to the city officials and employees who, by law or ordinance, are entitled to such space in the city hall and other buildings owned or leased by the city government;

(jj) Ensure that all executive officials and employees of the city faithfully discharge their duties and functions as provided by law and this Act and cause to be instituted administrative or judicial proceedings against any official or employee of the City who may have committed an offense in the performance of his official duties;

(kk) Examine the books, records and other documents of all offices, officials, agents or employees of the City and, in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the City to make available to him such books, records, and other documents in their custody except those classified by law as confidential;

(ll) Furnish copies of executive orders issued by him to the provincial governor within seventy-two (72) hours after their issuance;

(mm) Visit component barangays of the City at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to local officials and inhabitants, inform the component barangay officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the City will improve the quality of life of the inhabitants;

(nn) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of their leave credits in accordance with law;

(oo) Authorize official trips of city officials and employees outside of the City for a period not exceeding thirty (30) days: Provided, That the trips abroad or for a longer period may be authorized in accordance with the Local Government Code;

(pp) Call upon any national official or employee stationed in or assigned to the City to advise him on matters affecting the City and to make recommendations thereon; coordinate with said officials or employees in the formulation and implementation of plans, programs and projects; and when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the City;

(qq) Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of City officials and employees who are injured while in the performance of their official duties and functions, subject to availability of funds;

(rr) Solemnize marriages, any provision of law to the contrary notwithstanding;

(ss) Conduct an annual palarong panlungsod which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; and

(tt) Submit to the provincial governor the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the City and all information and data relative to its political, social, and economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the City.

(2) Enforce all laws and ordinances relative to the governance of the City and in the exercise of its appropriate powers as well as implement all approved policies, programs, projects, services, and activities of the City and in addition shall:

(aa) Ensure that the acts of the City’s component barangays and of its officials and employees are within the scope of their prescribed powers, duties and functions;

(bb) Call conventions, conferences, seminars, or meetings of elective or appointive officials of the City, including provincial and national officials and employees stationed in or assigned to the City, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the local government unit and its inhabitants;

(cc) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;

(dd) Be entitled to carry the necessary firearms within his territorial jurisdiction;

(ee) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the City, upon its approval, implement the same; and as such, exercise general and operational control and supervision over the police forces in the City, in accordance with Republic Act No. 6975; and

(ff) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawlessness, violence, rebellion or sedition, or apprehend violators of the law when public interest so requires and the city police forces are inadequate to cope with the situation or the violators.

(3) Initiate and maximize the generation of resources and revenues and apply the same to the implementation of development plans, program objectives and priorities, particularly the resources and revenues programmed for agro-industrial development and countryside growth and progress; and relative thereto, shall:

(aa) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the provisions of the Local Government Code;

(bb) Prepare and submit to the sanggunian for approval, the executive and supplemental budgets of the City for the ensuing calendar year in the manner provided for under the Local Government Code;

(cc) Ensure that all taxes and other revenues of the City are collected and that city funds are applied to the payment of expenses and settlement of obligations of the City, in accordance with law or ordinance;

(dd) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued pursuant to law or ordinance;

(ee) Issue permits without need of approval thereof from any national agency, for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals;

(ff) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance;

(gg) Adopt adequate measures to safeguard and conserve land, mineral, forest, marine and other resources of the City;

(hh) Provide efficient and effective property and supply management in the City; and protect the funds, credits, rights and other properties of the City; and

(ii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection for taxes, fees or charges, and for the recovery of funds and property; and cause the City to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected.

(4) Ensure the delivery of basic services and the provision of adequate facilities and, in addition thereto:

(aa) Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the City and of the province; and

(bb) Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by national offices and provincial offices.

(5) Exercise such other powers and perform such other duties and functions, as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.


Section 9. The City Vice Mayor. –

(a) There shall be a vice mayor who shall be elected in the same manner as the city mayor and shall at the time of his election possess the same qualifications as the city mayor. He shall hold office for three (3) years, unless sooner removed, and shall receive a monthly compensation corresponding to Salary Grade Twenty-Six (26) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto.

(b) The city vice mayor shall exercise the following duties:

(1) Act as presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang panlungsod;

(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided for under existing laws;

(3) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy;

(4) Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy; and

(5) Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.


ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Section 10. The Sangguniang Panlungsod. –

(a) The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as presiding officer, the regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sangguniang panlungsod within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers, and one (1) from the other sectors, including the urban poor, indigenous cultural communities or disabled persons.

(c) The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. The elective members of the sangguniang panlungsod shall possess the qualifications as that of the city mayor and city vice mayor, except that candidates for said position must be at least eighteen (18) years of age on election day.

(d) They shall receive such compensation, emoluments and allowances as may be determined by law.

(e) The sangguniang panlungsod shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government and relative hereto shall:

(aa) Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sangguniang barangay and of the punong barangay;

(bb) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(cc) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both at the discretion of the court, for violation of a city ordinance;

(dd) Adopt measures to protect the inhabitants of the City on harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and in their return to productive livelihood following said events;

(ee) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the City;

(ff) Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging, smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes or of ecological imbalance;

(gg) Subject to the provisions of the Local Government Code and pertinent laws, determine the powers and duties of officials and employees of the City;

(hh) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and provide for expenditures necessary for the proper conduct of programs, projects, services and activities of the city government;

(ii) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity at the rate authorized by law;

(jj) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all city government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessment, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the city government;

(kk) When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the City;

(ll) Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and

(mm) Provide for group insurance or additional insurance coverage for all officials, including the members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow said coverage.

(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the City, with particular attention to agro-industrial development and city-wide growth and progress, and relative thereto, shall:

(aa) Approve the annual and supplemental budgets of the government and appropriate funds for specific programs, projects, services and activities of the City, or for other purposes not contrary to law in order to promote the general welfare of the City and its inhabitants;

(bb) Subject to the provisions of Book II of the Local Government Code and applicable laws, and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes and granting tax exemptions, incentives or relief’s;

(cc) Subject to the provisions of Book II of the Local Government Code, and upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to negotiate and contract loans and other forms of indebtedness;

(dd) Subject to the provisions of Book II of the Local Government Code and applicable laws, and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects;

(ee) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the City; and, upon the majority votes of all the members of the sangguniang panlungsod, authorize the city mayor to lease to private parties such public buildings held in a proprietary capacity subject to existing laws, rules and regulations;

(ff) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the City;

(gg) Adopt a comprehensive land use plan for the City and that, the formulation, adoption or modification of said plan shall be in coordination within the approved provincial comprehensive land use plan;

(hh) Reclassify land within the jurisdiction of the City, subject to the pertinent provisions of the Local Government Code;

(ii) Enact integrated zoning ordinance in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers, and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code;

(jj) Subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, and to collect processing fees and other charges, the proceeds of which shall accrue entirely to the City: Provided, however, That where approval of a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof;

(kk) Subject to the provisions of Book II of the Local Government Code, grant the exclusive privilege of constructing fish corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any species or fish within the city waters;

(ll) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlungsod, grant tax exemptions, incentives or relief’s to entities engaged in community growth-inducing industries, subject to the provisions of the Local Government Code;

(mm) Grant loans or provide grants to other local government units or to national, provincial, and city charitable, benevolent or educational institutions: Provided, That said institutions are operated and maintained within the City;

(nn) Regulate the numbering of residential, commercial and other buildings; and

(oo) Regulate the inspection, weighing and measuring of articles of commerce.

(3) Subject to the provisions of the Local Government Code of 1991, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the City and pursuant to this legislative authority, shall:

(aa) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities;

(bb) Regulate or fix license fees for any business or practice of profession within the City and the conditions under which the license for said business or practice of profession may be revoked and enact ordinances levying taxes thereon;

(cc) Provide for and set the terms and conditions under which public utilities owned by the City shall be operated by the city government, and prescribe the conditions under which the same may be leased to private persons or entities, preferably cooperatives;

(dd) Regulate the display of and fix the license fees for signs, signboards, billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted;

(ee) Any law to the contrary notwithstanding, authorize and license the establishment, operation and maintenance of cockpits, regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced;

(ff) Subject to the guidelines pr