QuestionsQuestions (Republic Act No. 603)
The City of Ozamiz comprises the existing territorial jurisdiction of the Municipality of Misamis in Misamis Occidental. 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 powers of a municipal corporation, to be exercised in conformity with the charter. It can sue and be sued, acquire and dispose of property, contract, and exercise powers conferred by the charter.
The provided text states that the city shall be liable for damages or injuries arising from failure of the Municipal Board, Mayor, or other city officers/employees to enforce the charter or other law/ordinance, or from negligence while enforcing or attempting to enforce provisions.
It is coextensive with the city’s territorial jurisdiction and extends three miles from the shore into Panguil Bay. For protecting and ensuring purity of the water supply, it extends over the drainage area and also within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used for city water service.
The Mayor is elected by qualified city electors every four years under the Election Law. The incumbent continues until successors are elected and qualified. Salary is not exceeding four thousand pesos per year, and with Secretary of the Interior approval, may be given a non-commutable allowance not exceeding two thousand pesos per annum.
The City Treasurer acts until the office is filled according to law. If the Treasurer cannot perform, the City Engineer performs. If they cannot for any reason, the President appoints/designates one. The Acting Mayor has the same powers and duties as the Mayor and receives the same compensation if not a government official.
Examples include: enforcing laws and ordinances; safeguarding city lands/buildings/records/moneys; ensuring collection and proper application of taxes and revenues; initiating or defending suits to protect city interests; supervising executive officers and employees; examining city records at least once a year; representing the city in business matters and signing contracts/bonds; submitting the annual budget to the Municipal Board; granting/refusing/revoking licenses and permits under conditions; taking emergency measures against fires/floods/storms.
The Secretary keeps custody of city records and documents where not otherwise provided, keeps the corporate seal and affixes it (with signature) to ordinances/resolutions signed by the Mayor and other required official documents, attests executive orders/proclamations/ordinances/resolutions signed by the Mayor, furnishes certified copies of non-confidential records upon request (for the prescribed fee), and charges fees payable to the City Treasurer.
The Municipal Board is the legislative body and consists of the Mayor (as presiding officer), City Treasurer, City Engineer, and five councilors elected at large by popular vote. The Mayor presides over sessions.
The President of the Philippines may appoint a temporary substitute when necessary (e.g., sickness, absence, suspension, temporary disability, or to maintain quorum). The substitute possesses all rights and performs all duties of the member until the regular incumbent returns.
Quorum is five members. For passage of any ordinance (and for resolutions or motions directing payment of money or creating liability), five affirmative votes are necessary. Other measures are decided by majority of members present at a duly called meeting.
Approved ordinances are forwarded to the Mayor. The Mayor must return with approval or veto within ten days. If not returned, deemed approved. If vetoed, Board may repass with required votes (stated as six affirmative votes) and resubmit; if Mayor again vetoes, it goes to the Secretary of the Interior for final approval/disapproval.
Penalties shall not exceed a fine of two hundred pesos or six months’ imprisonment, or both, for a single offense.
No commercial sign/signboard/billboard may be erected or displayed on public lands, premises, or buildings. If the Mayor finds after investigation and giving owners an opportunity to be heard that a sign is offensive or a nuisance, he may order removal. If not removed within ten days, the Mayor may cause removal and the sign becomes forfeited to the city; removal expenses become a lawful charge against liable person or property.
The President appoints them with the consent of the Commission on Appointments (including the judge and auxiliary judge of the municipal court). Except for the judge and auxiliary judge, these officers hold office at the pleasure of the President.
It is unlawful for a city officer to engage directly or indirectly in any business transaction with the city where money would be paid out of city resources to that person/firm; to purchase city property sold for taxes/assessments or by legal process at the suit of the city; or to be surety for persons with city contracts, including being surety on an officer’s official bond.
The City Assessor heads the department of assessment, makes and updates the list of taxable real estate with assessed cash values, can enter and examine property, summon witnesses and administer oaths to assess ownership and value, may examine Register of Deeds records, and coordinates assessment-related notices and proceedings.
Examples include: lands/buildings owned by the Republic, the Province, or the City; burial grounds; churches and adjacent parsonages/convents; lands/buildings used exclusively for religious, charitable, scientific, or educational purposes and not for profit (with an exception for investment properties); land/buildings that are the only real property of the owner with value not exceeding two hundred pesos; and machinery used for industrial/agricultural/manufacturing purposes during the first five years of operation.