QuestionsQuestions (Republic Act No. 526)
It comprises the entire territorial jurisdiction of the Municipality of Cabanatuan in Nueva Ecija. The President may increase the city’s territory by executive order by adding contiguous barrios or municipalities necessary and desirable in the public interest.
It is a political body corporate with perpetual succession and possesses the powers pertaining to a municipal corporation, exercisable in conformity with the Charter’s provisions.
It may have a common seal; take, purchase, receive, hold, lease, convey, and dispose of real and personal property; condemn private property; contract; sue and be sued; prosecute and defend to final judgment and execution; and exercise the powers conferred by the Charter.
The city shall not be liable or held for damages or injuries arising from failure to enforce provisions of the Charter or other laws/ordinances, or from negligence of city officers/employees while enforcing or attempting to enforce them.
For police purposes, it is coextensive with the city’s territorial jurisdiction. For protecting and insuring the purity of the water supply, 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 for city water service.
The Mayor is appointed by the President subject to confirmation of the Commission on Appointments. Salary is not exceeding PHP 5,100 per year, and with approval of the Secretary of the Interior, may receive a non-commutable allowance not exceeding PHP 2,000 per annum.
The Vice-Mayor performs the duties in those situations. If the Vice-Mayor is temporarily incapacitated or the Vice-Mayor office is vacant, the City Engineer performs the duties as Acting Mayor, who has the same powers and duties as the Mayor.
Notably: enforce laws/ordinances; safeguard city lands/buildings/records/moneys; ensure collection and proper application of taxes/revenues; institute or defend suits to protect city interests; oversee executive officers/employees; examine books/records when needed; inform and recommend measures; represent the city in business and sign bonds/contracts in accordance with law; submit budget at least two months before fiscal year; receive/hear claims and petitions of administrative/executive character; grant/revoke municipal licenses; exempt poor pupils (with concurrence of division superintendent); take emergency measures; submit annual report; and perform other powers prescribed by law/ordinances.
He keeps custody of city records/documents where not otherwise provided; keeps the corporate seal and affixes it with his signature to ordinances/resolutions and other official documents as required; attests executive orders/proclamations/ordinances/resolutions signed by the Mayor; furnishes certified copies upon request (not confidential) for a specified fee; and performs other duties required by the Mayor.
It has eight councilors elected at large by popular vote during general elections. The Board elects its presiding officer. Five members constitute a quorum for transaction of less (as stated: for transaction of less). For passage of any ordinance, resolution, or motion directing payment of money or creating liability, five affirmative votes are necessary; other measures follow majority of members present at a duly called meeting.
If a member is a candidate for office in an election, he is disqualified to act with the Board in election-related duties; the other members discharge those duties, or they may choose a disinterested elector to act in his stead.
After approval by the Mayor, ordinances/resolutions/motions are sealed, signed, recorded, posted at the City Hall entrance the day following passage, and take effect on the tenth day after passage unless otherwise stated or vetoed. Mayor has ten days to return with approval or veto; if not returned within time, it is deemed approved. Vetoed items may be repassed with required votes, taking effect ten days after veto is overridden unless again disapproved by the Mayor within that time; then forwarded to the Secretary of the Interior for final approval/disapproval. The Secretary of the Interior may disapprove ordinances (whole or in part) if beyond Board’s powers.
Examples include: levy and collect taxes (including real property tax not exceeding 2% ad valorem); make city appropriations; fix salaries of city officials/employees not otherwise provided; fix tariffs of fees/charges; authorize construction/maintenance or rental of city buildings; establish/manage schools and vocational institutions with approval requirements; establish police/fire forces and ordinances; regulate fire zones and permits; regulate licensing fees for many local businesses; regulate streets/public places and utilities; establish waterworks and regulate consumption; establish drains/sewers/latrines/cesspools; regulate markets and slaughterhouses; and enact ordinances with penalties not exceeding PHP 200 fine or six months imprisonment (or both) for single offenses.
No commercial sign/signboard/billboard may be erected or displayed on public lands/premises/buildings. If after investigation (and opportunity to be heard) the Mayor finds a sign is offensive or a nuisance, he may order removal. If not removed within ten days, the Mayor may cause removal; the sign is forfeited to the city and removal expenses become a lawful charge against the responsible person or property.