QuestionsQuestions (Republic Act No. 4382)
The City of Bago comprises the present territorial jurisdiction of the Municipality of Bago in the Province of Negros Occidental.
It is a political body corporate with perpetual succession, and it has the powers pertaining to a municipal corporation, to be exercised in conformity with the charter.
It may have a common seal; acquire, purchase, receive, hold, lease, convey, and dispose of real and personal property; condemn private property for public use; contract; sue and be sued; and prosecute and defend cases where it is a party, among other powers conferred by the charter.
No. The city shall not be liable for damages or injuries arising from failure to enforce provisions of the charter or other law/ordinance, or from negligence of the municipal board, mayor, or city officers/employees while enforcing or attempting to enforce the charter.
The proviso allows the aggrieved party to file a personal action in the proper court against any official or employee of the city government for an act or omission in the performance of duties.
(1) For police purposes, it is co-extensive with its territorial jurisdiction. (2) For water supply purity, it extends over all territory within the drainage area of the water supply, or within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with city water service.
The city court has concurrent jurisdiction with the justice of the peace court of the respective municipalities for crimes and misdemeanors committed within the drainage area or within 100 meters of relevant water facilities. The court first taking jurisdiction retains exclusive jurisdiction thereafter.
The mayor is elected at large by qualified voters of the city. He must be at least 30 years of age, a resident of the city at least one year prior to election, and a qualified voter therein.
He holds office for four years unless removed for just cause with due process. Salary is not exceeding ₱5,400 per annum, and with presidential approval may be given a noncumulative allowance not exceeding ₱2,000 per annum.
He performs duties of the mayor in sickness/absence/temporary incapacity or definite vacancies until filled; presides over municipal board meetings but votes only in case of tie; if vice-mayor is temporarily incapacitated or vacant, the duties are performed by the councilor who received the highest number of votes in the last election.
He enforces the charter and laws/ordinances; safeguards city property/records/moneys; ensures collection and proper application of revenues; prosecutes and defends suits for the city; supervises executive officers; examines books/records at least twice a year; recommends measures; represents the city; submits budget receipts/expenditures at least two months before fiscal year; decides municipal administrative/executive claims/petitions/complaints; grants/revokes municipal licenses and permits under conditions; and takes emergency measures against fires/floods/storms, among others.
It consists of the vice-mayor as presiding officer and eight councilors elected at large. The presiding officer votes only in case of tie. Quorum is five members. Five affirmative votes are required for passage of any ordinance, or any resolution/motion directing payment of money or creating liability; other measures pass by majority of members present.
Approved ordinances/resolutions/motions are forwarded to the mayor within 10 days after receipt for approval or veto. If not returned within 10 days, deemed approved. Mayor’s veto includes written reasons. Board may override with affirmative votes of seven members. Effectivity: typically 10 days after passage unless otherwise stated or vetoed.
It may levy and collect taxes in accordance with law, including a real property tax not to exceed 2% ad valorem.
It is unlawful for city officers, directly or indirectly, to engage in business transactions with the city or with city officials/boards/agents/attorneys where city resources will pay them; to purchase city real property (or property sold for taxes/assessment/legal process at city suit); to act as surety for persons having city contracts; or to be financially interested in transactions/contracts where the National Government or its subdivisions/instrumentalities are interested.
Before assuming office, every official and regular employee must file in the office of the city attorney a sworn statement of assets and property holdings.