Corporate Status and Powers
- Ormoc City is a political entity with perpetual succession.
- City may manage properties, contract, sue or be sued, and exercise municipal corporation powers.
City Seal and Property Rights
- The city has a common seal, alterable at will.
- Authorized to acquire, hold, lease, convey, and condemn property for the public interest.
Liability of City
- The city is not liable for damages from failure or negligence in law enforcement by officers or employees.
Police Jurisdiction
- Police jurisdiction extends to city territorial limits plus three miles offshore into Ormoc Bay.
- Jurisdiction also covers the city's water supply drainage area and certain reservoir zones.
The Mayor: Appointment and Term
- Mayor is the chief executive, appointed by the President with Commission on Appointments consent.
- Holds office at President's pleasure.
- Salary capped at P4,000 annually with possible additional allowance.
Acting Mayor
- City Treasurer performs mayoral duties if Mayor is absent or incapacitated; City Engineer as secondary.
- President appoints if both unable to serve.
- Acting Mayor holds full mayoral powers and equivalent compensation if not a government official.
Mayor's Powers and Duties
- Enforce laws and ordinances within the city.
- Safeguard city properties and manage revenues and expenditures.
- Initiate judicial proceedings to protect city interests.
- Supervise city officials and employees; audit city finances and records annually.
- Represent the city in contracts and obligations.
- Submit annual budgets and reports.
- Grant, revoke, and regulate municipal licenses and permits.
- Exempt deserving poor pupils from school fees with education division concurrence.
- Take emergency actions during calamities.
Secretary to the Mayor
- Appointed by Mayor, holds city records and corporate seal custody.
- Affixes seal on ordinances and official documents.
- Charges minimal fees for certified copies.
Municipal Board Composition
- Legislative body consists of Mayor (presiding) and eight elected councilors at large.
- Temporary substitutes may be appointed by President during incapacities.
- Members receive daily allowance during sessions if not government salaried.
Qualifications and Terms of Municipal Board
- Members must be city electors, 23 years old, and residents for at least one year.
- Assume office per election code, vacancies filled by presidential appointment.
- May be suspended or removed as elective provincial officers.
Secretary of the Municipal Board
- Appointed by the Board; responsible for records, ordinances, and publication.
- Fees for certified records collected.
Municipal Board Sessions and Ordinance Process
- One regular weekly session, extraordinary sessions as called by Mayor.
- Open meetings unless five members vote to close.
- Five members needed for quorum and passage of ordinances.
- Ordinances posted publicly and effective after 10 days unless vetoed.
- Mayor has veto power; override requires six affirmative votes.
- Secretary of Interior can disapprove ordinances beyond Board powers.
Legislative Powers of Municipal Board
- Levy taxes, including property tax up to 2% ad valorem.
- Make appropriations and fix salaries of city officials.
- Authorize distribution of medicines and aid to indigents.
- Fix service fees and license tariffs.
- Establish and maintain public infrastructure including schools, police and fire forces.
- Enact police, fire safety, zoning, sanitation, and public order ordinances.
- Regulate business licenses, commercial activities, motor vehicles, and public markets.
- Prohibit certain establishments like dance halls, cockpits.
- Provide penalties not exceeding P200 fine or six months imprisonment.
Restrictions on Commercial Signs
- Signs not allowed on public lands without authorization.
- Mayor may order removal of offensive or nuisance signs.
City Departments
- Finance, engineering, law, police, and fire departments established.
- Mayor supervises departments; consolidation possible with President's approval.
Department Heads
- Control respective departments; certify payrolls and submit budget estimates.
- Deputies act during absences.
Appointment of Officials
- President appoints key officials with Commission on Appointments consent.
- Others appointed by Mayor per Civil Service Law.
Conflict of Interest
- City officers prohibited from engaging in business transactions or purchases involving city funds or property, or surety roles related to city contracts or officials.
Finance Department and Treasurer
- Treasurer is chief fiscal officer with P3,600 salary cap.
- Responsible for collecting taxes, licenses, rents, fines, and other revenues.
- Accountable for city funds and purchases.
- Monthly reporting to Mayor and Municipal Board.
Engineering Department and City Engineer
- Oversees surveying, public works, construction, maintenance, and inspection.
- Monitors public buildings, streets, sanitation including garbage disposal.
- Regulates private docks, waterworks, and manufacturing appliances.
- Executes public works contracts; bidding required for projects over P3,000 unless approved by President.
Law Department and City Attorney
- Chief legal advisor receiving up to P3,000 salary.
- Represents city in civil and criminal cases, prepares legal documents.
- Investigates franchise compliance and criminal charges.
- Prosecutes crimes in city courts and supervises autopsy investigations for suspicious deaths.
Police Department and Chief of Police
- Salary capped at P2,400.
- Maintains peace, enforces laws, manages city prison, serves court processes.
- Powers include arrest without warrant under certain circumstances.
- Chief of secret service heads detective force.
- Peace officers can execute processes and summon witnesses; Mayor may appoint special police during public emergencies.
Fire Department and Chief
- Charged with fire prevention, equipment, and oversight.
- Can remove buildings to prevent fire spread.
- Investigates fire causes and supervises fire safety regulations.
Assessment Department and City Assessor
- Evaluates taxable real estate; salary capped at P2,400.
- Maintains property lists, administers oaths, and conducts inspections.
- Treasurer acts as assessor until ordinance.
- Exemptions on certain properties and machinery.
- Owners must declare acquisitions or improvements within 60 days.
- Lists published for public inspection with correction hearings.
Taxation and Collection Procedures
- Annual tax levied up to 2% ad valorem.
- Payment due June 1; penalty of 2% per month up to 24% applies on delinquency.
- Extensions and remissions possible under special circumstances.
- Personal property seizure permitted for unpaid taxes; certain properties exempt from seizure.
- Seized property may be redeemed before sale.
- Public auction sales procedures and notification detailed.
- Properties vest to city after one year of delinquency but subject to redemption rights.
Legal Proceedings and Rights
- Tax assessment is lawful debt enforced by civil action.
- Payment under protest required before challenging taxes in court.
- Courts generally uphold tax sales unless substantial rights impaired.
Special Assessments for Public Improvements
- Municipal Board authorized to levy special assessments on benefited properties for public works.
- Assessment based on property valuation.
- Ordinance on assessments requires publication and opportunity for protests.
- Appeals allowed to the President within prescribed conditions.
- Proceeds strictly applied to specified public improvements.
Annual and Supplemental Budgets
- Treasurer compiles detailed fiscal reports and revenue estimates.
- Mayor formulates and submits budget to Municipal Board at least 2.5 months prior fiscal year.
- Supplemental budgets may address unforeseen needs.
- Prior year appropriation remains in effect if new budget not enacted timely.
Municipal Court
- Municipal and auxiliary judges appointed; salary cap at P3,600.
- Municipal judge may have vacation, auxiliary fills in as needed.
- Clerk appointed by Mayor, also acts as sheriff.
- Jurisdiction includes civil and criminal cases within defined monetary limits and areas.
- Powers include issuing writs, compelling witnesses, and punishing contempt.
- Appeals to Court of First Instance available under criteria.
Supporting Bureaus
- Auditor general audits city accounts.
- Purchasing Agent manages supplies excluding real estate.
- Bureau of Education oversees schools with city school board involved.
- City health officer enforces health laws, supervises sanitation, maintains vital records.
Transitory Provisions
- City government organized after appointments.
- Appointed members fill initial Municipal Board seats until elected.
- Ormoc City voters excluded from Leyte provincial elections.
- City is part of Leyte’s Second Representative District until otherwise provided.
Effectivity
- Act takes effect upon presidential proclamation.