Title
Charter of the City of Iriga, Camarines Sur
Law
Republic Act No. 5261
Decision Date
Jun 15, 1968
The Charter of the City of Iriga grants the City Council the power to approve residential subdivision plans and addresses tax delinquencies, change of government, police jurisdiction, dedication of public use areas, and other provisions for the city's governance.

Questions (Republic Act No. 5261)

It comprises the present territorial jurisdiction of the Municipality of Iriga in the Province of Camarines Sur.

It is a political body corporate endowed with perpetual succession and possessing powers of a municipal corporation, exercisable according to the charter.

The city may have a common seal; take, purchase, receive, hold, lease, convey, and dispose of real and personal property for public use; contract; sue and be sued; and prosecute and defend actions where its interests are involved, as well as exercise powers conferred by the charter.

The city is not liable for damages or injuries arising from failure to enforce the charter/laws/ordinances or from negligence of the City Council, Mayor, or city employees while enforcing or attempting to enforce provisions, subject to the proviso that an aggrieved party may file a personal action against the specific official/employee.

The Mayor is the chief executive. The Vice-Mayor is the presiding officer of the City Council and performs the duties and exercises the powers of the Mayor in cases of sickness, absence, or temporary incapacity, except appointment/removal powers.

At least 25 years of age, a resident of the city for at least five years prior to election, and a qualified voter at the time of election.

The Mayor is elected at large by the qualified voters of the city during every general election for provincial, city, and municipal officials, consistent with the Revised Election Code.

The Vice-Mayor presides over the City Council. Whenever the Vice-Mayor performs duties and exercises powers of the Mayor, he automatically ceases to be the presiding officer of the City Council.

The Vice-Mayor becomes Mayor for the rest of the unexpired term.

The member of the City Council who received the highest number of votes in the last election becomes Vice-Mayor for the rest of the unexpired term.

If a member is a candidate for office in any election, he is disqualified to act with the Council in discharge of duties conferred upon it relative to election matters.

It consists of the Vice-Mayor as presiding officer and eight councilors elected at large by qualified city voters for four-year terms.

A majority of all members constitutes a quorum. The affirmative vote of a majority of all members is necessary for passage of any ordinance (and of any resolution/motion directing payment of money or creating liability); other measures prevail upon majority vote of members present.

Ordinances/resolutions directing payment/creating liability are forwarded to the Mayor within 10 days. The Mayor must approve or veto within 10 days from receipt; failure to return within the period means approval. A vetoed ordinance can be repassed by a 2/3 vote of all City Council members; if again vetoed, it goes to the President for final approval/disapproval.

The Mayor may veto particular item(s) in an appropriation ordinance or in an ordinance/resolution/motion directing payment of money/creating liability without affecting non-objected items. Disapproved items follow the same procedure, and if an item is disapproved, the corresponding item from the previous year’s appropriation is deemed reenacted unless expressly directed otherwise in the veto.

Up to 1.5% ad valorem, but the maximum rate of 1.5% may not be imposed during the first ten years from effectivity of the Act.

It may require property owners to construct/repair sidewalks at their expense per city engineer specifications; if owners fail within a specified period after demand, the city engineer may cause the work to be done and collect the cost as a special assessment, payable in full or in installments like annual real estate taxes, with liens and remedies consistent with the annual tax system.

The President with consent of the Commission on Appointments appoints the city judge and auxiliary city judge, city treasurer, city engineer, city fiscal and assistants, city health officer, city superintendent of schools, register of deeds, and other heads/assistants of departments that may be created; removals/suspensions are only for cause as provided by law.

It prohibits city officers from engaging in business transactions with the city where money is to be paid out of city resources to them/firm, from purchasing city property sold for taxes/assessments or by legal process at the city’s suit, from acting as surety where security is required, or from being financially interested in transactions/contracts involving the National Government or its subdivisions. Exception: they may acquire residential lot(s) of the public domain in the city if entitled under existing laws, rules, and regulations.


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