Question & AnswerQ&A (Republic Act No. 5478)
The official title of the Act is the Charter of the City of Pagadian as stated in Section 1.
The City of Pagadian constitutes a political body corporate endowed with perpetual succession and possesses powers pertaining to a municipal corporation in conformity with its Charter (Section 2).
The City of Pagadian comprises the present territorial jurisdiction of the Municipality of Pagadian in the Province of Zamboanga del Sur or as changed in accordance with the law (Section 3).
The City may take, purchase, receive, hold, lease, convey, and dispose of real and personal property within or without its limits, condemn private property for public use, enter into contracts, sue and be sued, prosecute and defend actions, and exercise powers necessary for efficient municipal affairs (Section 4).
No, the City shall not be liable for damages arising from failure of its officials or employees to enforce the Charter or laws or from negligence during enforcement attempts (Section 5).
The police jurisdiction extends co-extensively with the city’s territorial jurisdiction and three miles from its shore, including areas within the drainage of the water supply and 100 meters of reservoirs or related facilities (Section 6).
Upon the Charter taking effect, barrios become districts. The City Board establishes eight contiguous Councilor Districts for administrative and municipal purposes, each under a councilor, which may comprise one or more whole districts (Section 8).
The elective officers are the Mayor, Vice-Mayor, and eight councilors, elected at large by qualified voters for four-year terms, starting January 1 following election, unless removed earlier by law (Section 10).
Elective officers must be qualified and registered voters of the city, at least 25 years old, residents for at least five years prior to election, and hold no other public office except specific exceptions such as membership in the Armed Forces Reserve (Section 11).
Giving or promising a portion of compensation for nomination or employment, willfully violating laws relating to their office, committing fraud, converting public property for personal use, or coercing resignations of classified employees are disqualifying acts leading to forfeiture of office or employment (Section 12).
No, it is unlawful for city officers or employees to engage directly or indirectly in business transactions with the city or its officials, buy city property sold for taxes, act as surety for contractors or bond officers, or appear as counsel against the city (Section 13).
The Mayor is the chief executive with control over city departments and agencies, responsible for enforcing laws, safeguarding city property, collecting revenues, instituting legal proceedings, and making appointments among other general powers (Sections 20 and 21).
The City Board can appropriate funds, fix salaries, tax various business activities, regulate public safety, maintain public utilities, enact ordinances for welfare, enforce penalties, and allocate special assessments among others as widely enumerated in Section 28.
The City Board may levy an annual tax not exceeding 2% ad valorem on taxable real estate. Taxes are collectible in one or two installments, delinquent taxes incur penalties, and unpaid taxes can lead to seizure and sale of property subject to the rules outlined in Article XI (Sections 58-74).
After notice and delinquency period, the City Treasurer may sell real estate at public auction. The owner or interested party may redeem the property within one year by paying taxes, penalties, costs, and interest. Failure to redeem results in the city conveying title to the purchaser (Sections 69-72).
The City Fiscal is the chief legal adviser, represents the city in civil cases, prosecutes crimes and ordinance violations, conducts investigations, drafts legal documents, and performs duties prescribed by law or ordinance (Section 42).
The City Court consists of two branches with appointed judges receiving salaries from national funds and exercises municipal court jurisdiction including civil, criminal, juvenile, and traffic cases (Sections 87-91).
The Board of Assessment Appeals consists of the Mayor as Chairman and four members (two real estate owners) appointed by the City Board. It hears appeals regarding real estate valuation and may revise assessments. Its decisions are final unless reopened by the Secretary of Finance (Sections 55-57).
Yes, the city may own, operate, construct, and acquire utilities such as gas, water, light, and power, and may fix just and reasonable rates. Leasing to private parties is allowed under specific conditions (Section 101).
Fines up to two hundred pesos, imprisonment for up to six months, or both. Imprisonment may replace unpaid fines at a rate of one day per two pesos and fifty centavos. Additional penalties like building removal may be imposed for construction infractions (Section 28(tt)).