Conversion of Baybay, Leyte into a component city

Corporate powers and municipal attributes

The City constitutes a political body corporate with perpetual succession.
The City is endowed with the attributes and powers of a municipal corporation, to be exercised in conformity with the Charter and laws.
The City may have continuous succession in its corporate name, sue and be sued, and have and use a corporate seal.
The City may acquire, hold, and convey real or personal property; enter into contracts and agreements; and exercise other powers prerogatives or authority subject to limitations in the Charter and other laws.

General powers and liability rule

The City may levy taxes and manage public land and infrastructure, including closing and opening roads, streets, alleys, parks, or squares.
The City may take or purchase and receive, hold, lease, convey, dispose of property for general city interests, and may expropriate or condemn private property for public use.
The City and its officials are not exempt from liability for death or injury to persons or damage to property.
The City’s jurisdiction and governance powers operate within its territorial jurisdiction, subject to the Charter’s specific police jurisdiction rules.

Police jurisdiction and water-purity zone

The City’s police jurisdiction for police purposes only is coextensive with its territorial jurisdiction.
For protecting and ensuring the purity of the City’s water supply, police jurisdiction extends over all territory within the drainage area of the water supply.
Police jurisdiction for water-purity protection also extends over all territory within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the City water service.
The City Court of the City of Baybay has concurrent jurisdiction with the city or municipal courts of adjoining municipalities or cities to try crimes and misdemeanors committed within the specified drainage area or within the specified 100 m. spaces.
The court first taking cognizance of an offense has jurisdiction to try the case to the exclusion of others.
The police force of several municipalities and cities concerned has concurrent jurisdiction with the City police force for maintaining good order and enforcing ordinances throughout the designated zone, area, or spaces.
Any license issued within the designated zone, area, or spaces must be granted by the proper authorities of the city or municipality concerned, and fees accrue to the treasury of the respective city or municipality—not to the City.

City officials: offices and appointments

The City government shall include: city mayor, city vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant city treasurer, city assessor and assistant city assessor, city accountant, city budget officer, city planning and development officer, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city social welfare and development officer, city veterinarian, city general services officer, city cooperatives officer, and city building officer.
The city mayor may appoint a city environment and natural resources officer, city architect, city information officer, city population officer, and city agriculturist.
A city fire station headed by a city fire marshal must be established.
A city jail headed by a city jail warden must be established.
A city schools division headed by a city schools division superintendent must be established.
A city prosecution service headed by a city prosecutor must be established.
The sangguniang panlungsod may maintain existing offices not mentioned, create other offices necessary for City purposes, or consolidate office functions for efficiency and economy.
Heads of departments and offices are appointed by the city mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service law, rules, and regulations.
The sangguniang panlungsod must act on appointments within fifteen (15) days from submission; otherwise, the appointment is deemed confirmed.

City mayor: election, qualifications, powers

The city mayor is the chief executive of the City.
The city mayor is elected at large by qualified voters of the City.
A candidate for city mayor must be at least twenty-one (21) years of age, an actual resident of the City for at least one year prior to election, and a qualified voter.
The city mayor holds office for three years unless sooner removed.
The city mayor receives a minimum monthly compensation corresponding to Salary Grade Thirty (30) under Republic Act No. 6758 (Salary Standardization Law) and implementing guidelines.
The city mayor exercises powers and performs duties and functions provided in the Charter and those necessarily implied or essential for efficient and effective governance and general welfare.
The city mayor determines city policy guidelines and is responsible to the sangguniang panlungsod for the program of government.
The city mayor directs formulation of the city development plan with the city development council, and implements it upon approval by the sangguniang panlungsod.
The city mayor presents the program of government and proposes policies and projects at the opening of the regular session of the sangguniang panlungsod every calendar year and as often as needed.
The city mayor initiates and proposes legislative measures and provides information and data needed or requested by the sangguniang panlungsod.
The city mayor appoints officials and employees whose appointments are not otherwise provided for in the Charter and those authorized by law to appoint.
The city mayor represents the City in business transactions and signs on the City’s behalf bonds, contracts, obligations, and other documents upon authority of the sangguniang panlungsod or pursuant to law or ordinance.
The city mayor carries out emergency measures necessary during and after man-made and natural disasters and calamities.
The city mayor determines the time, manner, and place of payment of salaries or wages in accordance with law or ordinance.
The city mayor allocates and assigns office space to entitled officials and employees in city hall and other City buildings.
The city mayor ensures faithful discharge of duties by executive officials and employees and causes administrative or judicial proceedings against any officer or employee who commits an offense in official duties.
The city mayor may examine books, records, and documents of all City offices and officials and require national officials and employees assigned to the City to make available records, except those classified as confidential by law.
The city mayor furnishes copies of executive orders to the Office of the President and the Office of the Secretary of the Department of the Interior and Local Government (DILG) within seventy-two (72) hours.
The city mayor visits component barangays at least once every six months for understanding problems, listening, and giving counsel concerning applicable laws and ordinances.
The city mayor acts on leave applications and commutation of monetary value of leave credits in accordance with law.
The city mayor authorizes official trips outside the City for periods not exceeding thirty (30) days; trips abroad or longer periods follow the Local Government Code of 1991.
The city mayor calls upon national officials assigned to the City to advise and recommend, coordinates with them in plans, and initiates administrative or judicial action when appropriate against national officers who commit offenses while assigned to the City.
The city mayor authorizes payment for medical care, necessary transportation, subsistence, hospital, or medical fees for city officials and employees injured in the performance of duties, subject to available funds.
The city mayor solemnizes marriages notwithstanding contrary provisions of law.
The city mayor conducts an annual palarong panlungsod featuring traditional sports and disciplines included in national and international games in coordination with the Department of Education (DepEd).
The city mayor submits to the provincial governor: (a) an annual report summarizing matters pertinent to management, administration, and development of the City, and information relative to its political, social, and economic conditions; and (b) supplemental reports when unexpected events or situations arise, particularly man-made or natural disasters or calamities affecting general welfare.
The city mayor enforces laws and ordinances for City governance, ensures component barangay acts and officials act within prescribed powers and functions, issues executive orders for enforcement and execution, and institutes administrative or judicial proceedings for violations of ordinances in collection of taxes, fees, or charges and for recovery of funds and property.
The city mayor causes the City to be defended in suits to protect City interests, resources, and rights.
The city mayor ensures delivery of basic services and provision of adequate facilities, including coordination for national-funded road and highway construction and repair in a spatially contiguous manner and coordination of technical services (public works and infrastructure) rendered by national offices.
The city mayor is entitled to carry necessary firearms within territorial jurisdiction.
The city mayor acts as a deputized representative of the National Police Commission, formulates the City peace and order plan upon approval, and implements it, exercising general and operational control and supervision over police forces in accordance with Republic Act No. 6975 (Philippine National Police Law).
The city mayor calls law enforcement agencies to suppress disorder, riot, lawless violence, rebellion, or sedition, or to apprehend violators when public interest requires and City police forces are inadequate.
The city mayor maximizes generation of resources and revenues and applies them to development plans and priorities, particularly resources programmed for agro-industrial development and countryside growth and progress.
The city mayor requires each head of office to prepare and submit an estimate of appropriations for the ensuing calendar year under the budget process of Republic Act No. 7160 (Local Government Code of 1991).
The city mayor prepares and submits to the sangguniang panlungsod for approval the executive and supplemental budgets for the ensuing calendar year consistent with the Local Government Code of 1991.
The city mayor ensures taxes and revenues are collected and City funds are used to pay expenses and settle obligations in accordance with law or ordinance.
The city mayor issues licenses and permits and suspends or revokes them for violations of conditions upon which they were issued, pursuant to law or ordinance.
The city mayor issues permits for charitable or welfare activities without approval from any national agency, excluding prohibited games of chance or shows contrary to law, public policy, and public morals.
The city mayor requires owners of illegally constructed houses, buildings, or other structures to obtain required permits subject to fines and penalties under law or ordinance, or to make necessary changes when construction violates laws or ordinances, or to order demolition or removal within the period prescribed by law or ordinance.
The city mayor adopts measures to safeguard and conserve land, mineral, forest, and other resources of the City.
The city mayor provides efficient and effective property and supply management and protects City funds, credits, rights, and other properties.
The city mayor institutes proceedings for ordinance violations, tax collection, and recovery of funds and property, and causes City defense in all suits.
During incumbency, the city mayor holds office in the City hall.

City vice mayor: succession and legislative role

The City has a city vice mayor who is elected in the same manner as the city mayor and must possess the same qualifications at the time of election.
The city vice mayor holds office for three years unless sooner removed.
The city vice mayor receives a monthly compensation corresponding to Salary Grade Twenty-six (26) under the Salary Standardization Law and implementing guidelines.
The city vice mayor is the presiding officer of the sangguniang panlungsod and signs warrants drawn on the City treasury for expenditures appropriated for sangguniang panlungsod operations.
The city vice mayor appoints officials and employees of the sangguniang panlungsod subject to civil service law and rules, except those whose appointment is specifically provided for by existing laws.
The city vice mayor assumes office of the city mayor for the unexpired term in case of permanent vacancy.
The city vice mayor exercises the powers and performs the duties and functions of the city mayor in case of temporary vacancy.
The city vice mayor performs other duties and exercises other powers provided under the Local Government Code of 1991 and by law or ordinance.

Sangguniang panlungsod composition and membership

The sangguniang panlungsod is the City’s legislative body.
It is composed of: the city vice mayor as presiding officer, regular sanggunian members, the president of the City chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and sectoral representatives.
There are three sectoral representatives: one from women; one from agricultural or industrial workers determined within ninety (90) days prior to local elections; and one from other sectors including the urban poor or disabled persons.
Regular members and sectoral representatives are elected in the manner provided by law.
Elective sanggunian members have the same qualifications as the city mayor.
Candidates for sanggunian positions must be at least eighteen (18) years of age on election day.

Sangguniang panlungsod powers and local regulation

The sangguniang panlungsod enacts ordinances, approves resolutions, and appropriates funds for general welfare under Section 16 of the Local Government Code and under its corporate powers.
The sangguniang panlungsod reviews barangay ordinances and punong barangay executive orders to determine whether they are within the scope of the sanggunian and punong barangay powers.
The sangguniang panlungsod maintains peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion, or sedition, and imposes penalties for violations.
The sangguniang panlungsod approves ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one year, or both, at the discretion of the court, for violation of a city ordinance.
The sangguniang panlungsod adopts measures to protect inhabitants from disasters and calamities, provide relief services and assistance during and after disasters, and assist victims in returning to productive livelihood.
The sangguniang panlungsod enacts ordinances to prevent and suppress habitual drunkenness in public places, vagrancy, mendicancy, prostitution, houses of ill-repute, gambling and other prohibited games of chance, fraudulent devices or ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, and obscene or pornographic materials or publications, and other activities inimical to welfare and morals.
The sangguniang panlungsod protects the environment by setting aside at least ten percent (10%) of development funds to maintain and enhance ecological balance of the City.
The sangguniang panlungsod may impose penalties for acts that endanger the environment, including dynamite fishing, destructive fishing, illegal logging, smuggling of logs, smuggling of natural resource products and endangered species of flora and fauna, slash-and-burn farming, and other activities resulting in pollution or ecological imbalance.
The sangguniang panlungsod determines powers and duties of City officials and employees subject to the Local Government Code and laws.
Consistent with the Salary Standardization Law, the sangguniang panlungsod determines positions and salaries, wages, allowances, and other emoluments and benefits of officials and employees paid wholly or mainly from City funds, and provides expenditures necessary for programs, projects, services, and activities.
The sangguniang panlungsod authorizes payment of compensation to a qualified person not in government service to fill a temporary vacancy in a concurrent capacity at the rate authorized by law.
The sangguniang panlungsod provides a mechanism and appropriate funds for the safety and protection of City government property and public documents or records, including property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and other records of public interest.
When finances allow, the sangguniang panlungsod provides additional allowances and benefits to judges, prosecutors, public elementary and high school teachers, and other national officials stationed in or assigned to the City.
The sangguniang panlungsod provides legal assistance to barangay officials in judicial proceedings to initiate or to defend themselves on matters arising from official duties.
When finances allow, the sangguniang panlungsod provides for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units.
The sangguniang panlungsod generates and maximizes resources and revenues for development plans with particular attention to agro-industrial development and citywide growth and progress.
The sangguniang panlungsod approves annual and supplemental budgets and appropriates funds for specific programs, projects, services, and activities, or for other purposes not contrary to law.
The sangguniang panlungsod enacts ordinances levying taxes, fees, and charges, prescribing rates for general and specific purposes, and granting tax exemptions, incentives, or relief, subject to Book II of the Local Government Code and applicable laws.
The sangguniang panlungsod authorizes the city mayor, by majority vote, to negotiate and contract loans and other forms of indebtedness, with publication of the application and terms in a newspaper of general circulation in the City prior to approval.
The sangguniang panlungsod enacts ordinances, by majority vote, authorizing the floating of bonds or other instruments of indebtedness to finance development projects, with publication in a newspaper of general circulation in the City.
After approval of contracts for loans or bonds, contracts covering them must be furnished to any City resident requesting a copy upon payment of reasonable fees.
The sangguniang panlungsod appropriates funds for construction, maintenance, or rental of buildings for City use; and by majority vote authorizes the city mayor to lease such public buildings held in a proprietary capacity to private parties subject to existing laws, rules, and regulations.
The sangguniang panlungsod prescribes reasonable limits and restraints on the use of property within the City.
The sangguniang panlungsod adopts a comprehensive land-use plan coordinated within the approved provincial comprehensive land-use plan.
The sangguniang panlungsod reclassifies lands within City jurisdiction subject to the Local Government Code.
The sangguniang panlungsod enacts integrated zoning ordinances in consonance with the comprehensive land-use plan subject to existing laws and rules.
The sangguniang panlungsod establishes fire limits or zones, particularly in populous centers, and regulates construction, repair, or modification of buildings within fire limits/zones in accordance with the Fire Code.
Subject to national law, the sangguniang panlungsod processes and approves subdivision plans for residential, commercial, industrial, and other development purposes, and collects processing fees and other charges accruing entirely to the City.
Where approval of a national agency or office is required, the national agency’s approval shall not be withheld for more than thirty (30) days from receipt of the application; failure to act within that period is deemed as approval.
The sangguniang panlungsod, with concurrence of at least two-thirds (2/3) of all its members, grants tax exemptions, incentives, or relief to entities engaged in community growth-inducing industries subject to the Local Government Code.
The sangguniang panlungsod grants loans or provides grants to other local government units or to national, provincial, and City charitable, benevolent, or educational institutions operated and maintained within the City.
The sangguniang panlungsod regulates the numbering of residential, commercial, and other buildings and regulates inspection, weighing, and measuring of articles of commerce.
The sangguniang panlungsod enacts franchises and authorizes issuance of permits or licenses to promote general welfare, including fixing and imposing reasonable fees and charges for City services to private persons or entities.
The sangguniang panlungsod regulates or fixes license fees for businesses or professional practices and sets conditions under which the license may be revoked.
The sangguniang panlungsod sets terms and conditions for operating City-owned public utilities and prescribes conditions for leasing them to private persons or entities, preferably cooperatives.
The sangguniang panlungsod regulates display and fixes license fees for signs, signboards, or billboards at places where the advertised business or profession is conducted.
The sangguniang panlungsod, notwithstanding any law to the contrary, authorizes and licenses establishment, operation, and maintenance of cockpits and regulates cockfighting and commercial breeding of gamecocks, while ensuring existing rights are not prejudiced.
The sangguniang panlungsod, subject to guidelines of the Department of Transportation and Communications, regulates tricycle operations and grants franchises for tricycles within City territorial jurisdiction.
The sangguniang panlungsod, upon approval by a majority vote, grants franchises to persons, partnerships, corporations, or cooperatives to do business in the City, to establish and operate ferries, wharves, markets, or slaughterhouses, or to undertake other activities allowed by existing laws, with cooperatives given preference in franchise grants.
The sangguniang panlungsod regulates nuisance; may, with concurrence of a majority and quorum, deny the entry of legalized gambling into any part of the City by ordinance or regulate its location.
The sangguniang panlungsod requires sanitary maintenance of buildings, premises, and land; imposes penalties; may have work done at the expense of owners, administrators, or tenants upon failure to comply; or requires filling of lands or premises to a necessary grade for proper sanitation.
The sangguniang panlungsod regulates disposal of clinical and other wastes from hospitals, clinics, and similar establishments.
The sangguniang panlungsod regulates establishment, operation, and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, similar establishments, and tourist guides and transports.
The sangguniang panlungsod regulates sale, giving away, or dispensing of intoxicating malt vino, mixed, or fermented liquors at retail outlets.
The sangguniang panlungsod regulates inspection of steam boilers or heating devices and storage of inflammable and highly combustible materials.
The sangguniang panlungsod regulates entertainment and amusement facilities and events—including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places—so community disturbance is addressed; it may require suspension/suppression or prohibit certain forms of amusement for social and moral welfare.
The sangguniang panlungsod provides for impounding of stray animals, regulates keeping animals in homes or as business, and regulates slaughter, sale, or disposition, with measures to prevent and penalize cruelty to animals.
The sangguniang panlungsod regulates funeral parlors and burial or cremation of the dead, subject to existing laws and rules.
The sangguniang panlungsod ensures efficient and effective delivery of basic services and facilities by providing for tree parks and greenbelts, establishing markets/slaughterhouses/animal corrals and their operations by the City, and regulating private markets and similar structures.
The sangguniang panlungsod authorizes the City to establish, maintain, and operate ferries, wharves, and/or other structures intended to accelerate marine-life productivity preservation.
The sangguniang panlungsod regulates preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption.
The sangguniang panlungsod regulates use of streets, avenues, alleys, sidewalks, bridges, parks, and public places and regulates construction, improvement, repair, and maintenance; establishes and regulates bus and vehicle stops and terminals; regulates garages and conveyances for hire; designates stands; regulates signs on streets; and provides for lighting, cleaning, and sprinkling of streets and public places.
The sangguniang panlungsod regulates traffic on streets and bridges, prohibits encroachments or obstacles, and may authorize removal of encroachments and illegal constructions in public places when required for public welfare.
The sangguniang panlungsod establishes and maintains an efficient waterworks system for inhabitants and purifies the water source, regulates hydrants, pumps, cisterns, and reservoirs, protects purity and quantity of water supply, and extends appropriate ordinance coverage over drainage area and within one hundred meters (100 m.) of relevant water service infrastructure; it also regulates consumption, use, wastage, and fixes and collects charges for water.
The sangguniang panlungsod regulates drilling and excavation for laying water, gas, sewer, and other pipes; construction, repair, and maintenance of drains, sewers, cesspools, tunnels, and similar structures; placing poles; use of crosswalks, curbs, and gutters; ensures safety against open canals, manholes, live wires, and similar hazards; and regulates construction and use of private water closets, privies, and similar structures in buildings and homes.
The sangguniang panlungsod regulates placement, stringing, attaching, installing, repair, and construction of gas mains and electric telegraph and telephone wires, conduits, meters, and other apparatus and provides for correction, condemnation, or removal when dangerous.
Subject to availability of funds and applicable laws, the sangguniang panlungsod establishes and provides for operation of vocational and technical schools and similar post-secondary institutions and may fix and collect reasonable tuition fees and other school charges in City-supported educational institutions, subject to approvals required from the DepEd, Commission on Higher Education, or Technical Education and Skills Development Authority.
The sangguniang panlungsod establishes a scholarship fund for poor but deserving students in schools located within City jurisdiction or for students residing in the City.
The sangguniang panlungsod approves quarantine regulations to prevent introduction and spread of diseases.
The sangguniang panlungsod provides for solid waste and garbage collection and disposal and prohibits littering and the placing or throwing of garbage, refuse, and other filth and wastes.
The sangguniang panlungsod provides for care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children, and youth below eighteen (18) years of age, and may establish centers and facilities subject to availability of funds.
The sangguniang panlungsod establishes and maintains jails and detention centers, institutes a sound jail management program, and appropriates funds for subsistence of detainees and convicted prisoners in the City.
The sangguniang panlungsod establishes a City council for culture and the arts, coordinates with government agencies and nongovernmental organizations, and appropriates funds subject to availability of funds.
The sangguniang panlungsod establishes a council for the elderly and senior citizens to formulate policies and adopt measures beneficial to the elderly and community, provide incentives to nongovernmental agencies and entities, and appropriate funds subject to availability.
Members of the sangg