Powers and Legal Capacity of the City
- The city has a common seal and may alter it.
- It may take, hold, convey real and personal property, and condemn private property for public use.
- It can contract, sue and be sued, and prosecute or defend actions involving city interests.
- The city is not liable for damages arising from failure or negligence in law enforcement by city officials but individuals may sue officials personally.
Police Jurisdiction and Municipal Court Authority
- Police jurisdiction aligns with the city's territory and extends for water supply protection.
- Municipal court shares concurrent jurisdiction for crimes committed in extended water protection zones.
- Police forces of the city and involved municipalities share concurrent jurisdiction within these zones.
- Licensing in the extended zone is handled by respective municipalities.
Executive Branch: Mayor and Vice-Mayor
- The Mayor is the chief executive, elected at large, must be 25 years old, a resident for 2 years, and a qualified voter.
- Mayor’s term is 4 years, with a salary plus possible house allowance.
- The Vice-Mayor is also elected at large, with the same qualifications and salary.
- Vice-Mayor assumes mayoral duties temporarily or permanently in cases of absence or vacancy.
- Successors in case of vacancies are appointed by the President with Commission on Appointments' consent.
Mayor’s Powers and Duties
- Enforce laws and ordinances.
- Safeguard city properties and control city-owned assets.
- Ensure tax collection and appropriate use for expenses.
- Institute judicial proceedings for city’s interest.
- Manage city officials and employees; may transfer employees within departments.
- Examine city officers’ books and records.
- Advise and provide information to the Municipal Board; may attend its sessions but cannot vote.
- Represent the city and sign contracts.
- Prepare and submit the budget.
- Grant, revoke municipal licenses and permits.
- Provide exemptions for deserving poor pupils in school fees.
- Take emergency measures for calamities.
Secretary to the Mayor
- Appointed by the Mayor, with department head rank.
- Custodian of city records and corporate seal.
- Attest executive orders, ordinances, resolutions.
- Furnish certified copies of records for fees.
- Salary fixed and holds term concurrent with Mayor.
Legislative Branch: Municipal Board
- Composed of Vice-Mayor (presiding officer) and eight councilors elected at large.
- Vice-Mayor votes only to break ties.
- Members must be qualified voters, 23 years old, residents for 2 years.
- Municipal Board has salary and terms of 4 years.
- Can suspend or remove members under applicable laws.
- Has a secretary responsible for records, ordinance publication, and fees collection.
- Holds regular sessions twice weekly; procedures defined by rules and ordinances.
- Quorum and voting rules govern ordinance passage, including veto and override processes.
Legislative Powers of the Municipal Board
- Levy and collect taxes, including up to 1.5% ad valorem real property tax (excluding first 5 years).
- Approve number and salary of city officials with national supervision.
- Authorize free distribution of medicines, milk, meals to indigents.
- Fix tariffs for city services.
- Provide buildings, maintain schools, vocational and higher education with appropriate fee regulation.
- Maintain police, fire, and municipal court systems.
- Regulate construction, fire zones, licenses, businesses, and occupations.
- Enact ordinances for sanitation, peace, welfare, and impose penalties.
- No commercial signs allowed on public lands; mayor may order removal of offensive signs.
Barrio Councils
- Organized according to Republic Act 2370.
- Barrio lieutenants’ duties conform to the same law.
City Departments and Officials
- Seven departments: Finance; Engineering and Public Works; Law; Health; Police; Fire; Assessment.
- Mayor supervises all departments; Municipal Board may reorganize or consolidate departments with Presidential approval.
- Heads of departments exercise control under Mayor’s direction; certify payrolls and prepare budget estimates.
- Appointment of key officials (judges, city treasurer, engineer, fiscal, police chief, health officer, etc.) by President with Commission on Appointments.
- Mayor appoints other officers with civil service regulations.
- City officers prohibited from engaging in business transactions with the city that create conflicts of interest.
Relation to National Bureaus and Offices
- City accounts audited per government accounting laws; auditor appointed by Auditor General.
- Director of Public Schools oversees city schools; operational expenses borne by National Government.
- Director of Supply handles purchase and supply of city property excluding real estate.
- City superintendent reports quarterly on schools to Mayor.
Department of Finance
- City Treasurer heads finance; collects taxes, licenses, rents, fees.
- Administers markets, slaughterhouses, and issues receipts.
- Purchases supplies; accountable for city funds and property.
- Deposits city funds daily; reports monthly on appropriations and expenditures to Mayor and Municipal Board.
Department of Engineering and Public Works
- City Engineer manages surveying, streets, parks, public buildings, waterworks, sewers, lighting.
- Prepares plans, supervises construction, and inspects materials.
- Regulates use of power equipment and private building safety.
- Can order removal of illegal or dangerous structures.
- Public works costing over 3,000 pesos require bidding or may be done by administration with Presidential approval.
Law Department
- City Attorney supervises legal matters, prosecutes civil and criminal cases.
- Prepares contracts, opinions, investigates neglect or misconduct.
- Conducts investigations; issues subpoenas; may order autopsies.
- Acts as register of deeds for the city.
Health Department
- City Health Officer supervises public health, sanitation, inspections.
- Enforces health laws, prosecutes violations.
- Controls civil registry of births, marriages, deaths.
- Supervises puericulture centers and social services.
- Director of Health Services may assume control during epidemics.
Police Department
- Chief of Police supervises enforcement, generates regulations, maintains order.
- Has authority to arrest, protect persons and property within city jurisdiction.
- Serves criminal processes and manages city prison.
- Peace officers include Mayor, police chiefs, and officers authorized to enforce laws.
- Mayor may request military assistance when necessary.
Fire Department
- Chief of Fire Department manages organization, discipline, fire equipment.
- Issues fire regulations; inspects and approves building plans for fire safety.
- Investigates fire causes; controls electrical wiring to prevent fire hazards.
- Supervises storage and use of combustible materials.
Department of Assessment
- City Assessor lists and values taxable real estate.
- Authorized to administer oaths and enter properties for assessments.
- Exemptions for government properties, religious and charitable lands, property under 400 pesos, and machinery in first five years.
- Owners must declare acquisitions or improvements within 60 days.
- Can assess property when owners fail or are unknown.
Tax Assessment and Collection
- Real estate tax up to 1.5% ad valorem; payment annually or in two installments.
- Penalties apply for delinquency capped at 24%.
- City Treasurer issues warrants for seizure of personal property for unpaid taxes.
- Exempt personal property includes tools, necessary livestock, clothing, furniture, provisions, etc.
- Owners may redeem property before sale; sales at public auction.
- Title vests in city after one year of delinquency subject to redemption rights.
- Procedures for eviction of occupants and redemption after sale detailed.
- Legal remedies for tax enforcement and sale validity established.
Special Assessments for Public Improvements
- Municipal Board may levy special assessments on property benefiting from improvements.
- Assessments based on assessed property valuations.
- Ordinances require detailed publication and hearing process.
- Landowners may protest and appeal to national authorities.
- Payments treated like regular taxes; proceeds dedicated to specified improvements.
City Budget
- Treasurer submits detailed financial reports annually.
- Mayor prepares and submits budget for Municipal Board approval.
- Supplemental budgets allowed for unforeseen needs.
- Failure to enact budget results in automatic re-enactment of previous appropriation.
Municipal Court
- A municipal court with appointed judge and auxiliary judge; additional branches may be created.
- Clerk serves also as sheriff; responsible for records, dockets, and collections.
- Court has jurisdiction similar to other municipal courts.
- Procedures conform to national rules; appeals governed by Rules of Court.
- Defendants entitled to preliminary hearings as applicable.
- Collection of costs, fines, and fees managed by clerk and city treasurer.
Final and Transitory Provisions
- Current municipal officials continue as city officials upon cityhood.
- City residents retain voting rights in provincial elections.
- City remains part of Pampanga’s First Congressional District until changed by law.
- The Act takes effect upon plebiscite approval concurrent with 1963 local elections, effective January 1, 1964.