Charter converting Bacoor into a city

City corporate powers and liabilities

The City is a political body corporate with perpetual succession and municipal-corporation powers exercisable under the Charter and applicable laws (Section 3).
The City may maintain a continuous corporate existence in its corporate name, sue and be sued, and have and use a corporate seal (Section 3).
The City may acquire, hold, and convey real or personal property, enter contracts, and exercise other corporate powers subject to limits in the Charter or other laws (Section 3).
The City shall have a common seal and may alter it at pleasure, but any change of corporate seal must be registered with the Department of the Interior and Local Government (DILG) (Section 4).
The City may exercise general corporate powers including levying taxes, fees, and charges, and closing/opening roads, streets, alleys, parks or squares, and may expropriate/condemn private property for public use (Section 4).
The City’s officials are not exempt from liability for death, injury, or property damage (Section 5).

Police jurisdiction and city court

The City’s police jurisdiction for police purposes is coextensive with its territorial jurisdiction (Section 6).
For protection and purity of the City water supply, the police jurisdiction extends to all territory within the drainage area of the water supply or within 100 meters (100 m.) of any reservoir, conduit, canal, aqueduct, or pumping station used for the City water service (Section 6).
The City Court of Bacoor has concurrent jurisdiction with city or municipal courts of adjoining municipalities or cities to try crimes and misdemeanors committed within the drainage area or within 100 meters (100 m.) of the specified water works (Section 6).
The court first taking cognizance has jurisdiction to try cases to the exclusion of other courts (Section 6).
Police forces of municipalities and cities concerned have concurrent jurisdiction with the City police for enforcement and maintenance of good order in the drainage-zone or specified 100-meter (100 m.) area (Section 6).
Any license issued within the drainage area or 100-meter (100 m.) zone is granted by the proper authorities of the city or municipality concerned, and the related fees accrue to the treasury of that city or municipality, not the City (Section 6).

City government structure and appointments

The City government includes: city mayor, city vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, city treasurer, 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, and city general services officer (Section 7).
The city mayor may appoint additional officers including a city environment and natural resources officer, city architect, city information officer, city cooperatives officer, city population Officer, and city agriculturist (Section 7).
The City must establish a city fire station headed by a city fire marshal, a city jail headed by a city jail warden, a city schools division headed by a city schools division superintendent, and a city prosecution service headed by a city prosecutor (Section 7).
The sangguniang panlungsod may maintain existing offices not listed, create other necessary offices, or consolidate office functions for efficiency and economy (Section 7).
Unless otherwise provided, department and office heads are appointed by the city mayor with concurrence of the majority of all sangguniang panlungsod members, subject to civil service law and rules (Section 7).
The sangguniang panlungsod must act on the appointment within 15 days from submission, otherwise the appointment is deemed confirmed (Section 7).
Elective and appointive officials receive compensation and emoluments determined by law or ordinance, subject to budgetary limits under Title Five, Book II of the Local Government Code of 1991 (Section 7).
No increase in compensation of the city vice mayor and sangguniang panlungsod member takes effect until after the expiration of the full term of the local officials who approved the increase (Section 7).

City mayor and vice mayor powers

The city mayor is the chief executive and is elected at large by qualified voters of the City (Section 8).
Eligibility for city mayor requires: Philippine citizenship at the time of election, at least 21 years of age, residency in the City for at least 1 year prior to election, being a qualified voter, and ability to read and write Filipino or any other local language or dialect (Section 8).
The city mayor holds office for 3 years, unless sooner removed, and may serve not more than three (3) consecutive terms (Section 8).
The city mayor must receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758 (Section 8).
The city mayor exercises powers and duties for efficient, effective, and economical governance and general welfare, including directing city policy program and responsible implementation (Section 8).
The city mayor performs extensive specific functions, including presenting the annual program of government to the sangguniang panlungsod, appointing officials and employees paid wholly or mainly from city funds whose appointments are not otherwise provided, representing the City in business transactions, signing bonds/contracts/obligations and other documents authorized by sangguniang panlungsod or pursuant to ordinance/law, carrying out emergency measures after disasters, allocating office space, ensuring faithful discharge of duties and initiating proceedings, examining city books/records and requiring national officials’ documents (except confidential ones), furnishing executive orders to the provincial governor within 72 hours, visiting component barangays at least once every 6 months, acting on leave and leave-credit commutations, authorizing official trips outside the City up to 30 days, calling national officials for advice, authorizing medical care/transport/subsistence/hospital fees for injured employees subject to funds, solemnizing marriages, conducting an annual palarong panlungsod in coordination with DepED, and submitting annual and supplemental reports to the provincial governor (Section 8).
The city mayor enforces laws and ordinances, ensures component barangay acts are within their powers, issues executive orders, carries necessary firearms within territorial jurisdiction, acts as deputized representative of the National Police Commission, formulates and implements the City peace and order plan under Republic Act No. 6975, coordinates with national police and law enforcement, and calls for suppression of disorder/riot/rebellion/sedition or apprehension when public interest requires and City police forces are inadequate (Section 8).
The city mayor leads revenue generation and ensures collection of taxes and proper application of city funds, issues licenses/permits and suspends or revokes for violations of conditions, issues permits for charitable or welfare activities (excluding prohibited games of chance or unlawful shows), requires permits for illegally constructed houses/buildings/structures subject to fines/penalties and provides for changes or demolition/removal within periods set by ordinance/law (Section 8).
The city mayor adopts measures to safeguard land and natural resources, provides property and supply management, institutes proceedings for ordinance violations in tax collection and for recovery of funds/property, and ensures defense of the City in suits to protect interests/resources/rights (Section 8).
The city mayor ensures delivery of basic services and coordination of national technical services and infrastructure programs, including spatially contiguous road/highway construction/repair funded by the national government in coordination with City roads/bridges (Section 8).
The city mayor must hold office in the City hall during incumbency (Section 8).
The city vice mayor is elected in the same manner as the mayor and must have the same qualifications, holds office for 3 years, and may serve not more than three (3) consecutive terms (Section 9).
The vice mayor receives monthly compensation corresponding to Salary Grade Twenty-six (26) under the Salary Standardization Law (Section 9).
The vice mayor presides over the sangguniang panlungsod and signs warrants drawn on the City treasury for appropriations for sanggunian operations (Section 9).
The vice mayor appoints sanggunian officials and employees subject to civil service rules, except those appointment modes specifically provided by existing laws (Section 9).
The vice mayor assumes the mayor’s office for the unexpired term in permanent vacancy and exercises mayoral powers and duties in temporary vacancy (Section 9).
The vice mayor performs other duties and powers provided under the Local Government Code and those prescribed by law or ordinance (Section 9).

Legislative body: composition, duties, compensation

The sangguniang panlungsod consists of the city vice mayor as presiding officer, twelve (12) 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 three (3) sectoral representatives (Section 10).
Sectoral representatives must include one (1) from the women sector and, as determined by the sangguniang panlungsod within 90 days prior to local elections, one (1) from the agricultural or industrial workers sector and one (1) from other sectors including urban poor, indigenous cultural communities, or persons with disabilities (Section 10).
Six regular members are elected from each district, with each district comprising compact, contiguous, and adjacent territories (Section 10).
District representation lists the barangays for Bacoor West and Bacoor East exactly as enumerated (Section 10).
The sangguniang panlungsod enacts ordinances, approves resolutions, and appropriates funds for the general welfare pursuant to Section 16 and related corporate powers provisions of the Local Government Code of 1991 (Section 11).
The sangguniang panlungsod may enact ordinances approving necessary measures including reviewing barangay ordinances and punong barangay executive orders within barangay/punong barangay powers (Section 11).
The sangguniang panlungsod enforces peace and order by enacting measures to prevent and suppress lawlessness/disorder/riot/violence/rebellion/sedition and impose penalties for violations (Section 11).
The sangguniang panlungsod may approve ordinances imposing a fine not exceeding P 5,000.00, or imprisonment not exceeding 1 year, or both at the court’s discretion, for violation of a city ordinance (Section 11).
The sangguniang panlungsod may set aside at least 10% of development funds for maintaining/enhancing ecological balance and may impose penalties for specified environmental endangerment activities (Section 11).
The sangguniang panlungsod must provide for transparency mechanisms, fiscal discipline, and accountability for city property and public records, including inventory and assessment/taxation/business permit records (Section 11).
When city finances allow, the sangguniang panlungsod may provide additional allowances for judges, prosecutors, public elementary and high school teachers, and other national employees stationed in the City, and may provide legal assistance to barangay officials and group insurance/additional insurance for barangay officials and tanod/service units when finances allow (Section 11).
The sangguniang panlungsod approves annual and supplemental budgets only after deliberation and hearing attended by heads of all city departments/units/offices and reputable civil society and church group representatives of all denominations and the media (Section 11).
The sangguniang panlungsod enacts tax ordinances, authorizes the city mayor to negotiate and contract loans and other indebtedness, and may authorize floating bonds or other instruments for development projects upon specified voting thresholds (Section 11).
The sangguniang panlungsod may authorize leasing of public buildings held in a proprietary capacity to private parties upon specified voting and subject to law/rules (Section 11).
The sangguniang panlungsod adopts a comprehensive land-use plan in coordination with the approved provincial comprehensive land-use plan and allows duly accredited people’s organizations to participate in preparation but without a right to vote (Section 11).
The sangguniang panlungsod may process and approve subdivision plans subject to zoning/land-use requirements and provides that where approval of a rational agency or office is required, approval shall not be withheld for more than 30 days from receipt; failure to act within that period is deemed approval (Section 11).
The sangguniang panlungsod may grant franchises and permits/licenses with conditions promoting the general welfare, fix reasonable fees and charges, regulate license fees and business/practice of professions, and regulate public utilities owned by the City and their lease preferably to cooperatives (Section 11).
The sangguniang panlungsod may authorize and license cockpits, regulate cockfighting and commercial breeding of gamecocks, while ensuring existing rights are not prejudiced (Section 11).
The sangguniang panlungsod may regulate tricycle operation and grant franchises within the City, subject to guidelines of Department of Transportation and Communications (DGTC) (Section 11).
The sangguniang panlungsod may regulate land/buildings/structures to declare/prevent/abate nuisances and require sanitary maintenance, including imposing penalties and requiring owners/administrators/tenants to do corrective work at their expense (Section 11).
The sangguniang panlungsod may regulate clinical waste disposal, restaurants/beerhouses/hotels/motels/inns and similar establishments, including tourist guides/transports, and regulate retail sale/giving away/dispensing of intoxicating malt, vino, and mixed or fermented liquors (Section 11).
The sangguniang panlungsod may regulate steam boilers/heating devices and storage of inflammable/highly combustible materials, entertainments/amusement facilities (including suspension/suppression or prohibition to protect social and moral welfare), stray animals and cruelty to animals, and funeral parlors and burial/cremation subject to existing laws (Section 11).
The sangguniang panlungsod also enacts ordinances for basic services and additional services such as waterworks systems and water purity/quantity protection; traffic regulation; impounding/animal corrals/markets and slaughterhouses; regulation of streets/parks/public places and lighting/cleaning/sprinkling; garbage collection and anti-littering; quarantine measures; care for vulnerable groups and disabled persons; jail/detention center improvement and subsistence; and creation of culture/arts council and elderly/senior citizen council with corresponding policy, incentive, and program support (Section 11).
Members of the sangguniang panlungsod receive a minimum monthly compensation corresponding to Salary Grade Twenty-five (25) under the Salary Standardization Law (Section 11).

Internal legislative rules and disclosures

The sangguniang panlungsod must adopt or update internal rules of procedure on the first regular session after election and within 90 days thereafter (Section 12).
The rules of procedure must include organization, election of officers, standing committees (including enumerated committees), general jurisdiction of each committee, and election of committee chairpersons/members (Section 12).
The rules of procedure must include order and calendar of business, legislative process, and parliamentary procedures including conduct during sessions (Section 12).
The rules must provide discipline for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, including censure, reprimand, exclusion, suspension for not more than 60 days, or expulsion (Section 12).
Expulsion or suspension requires concurrence of at least two-thirds (2/3) vote of all sanggunian members (Section 12).
A member convicted by final judgment to imprisonment of at least 1 year for any crime involving moral turpitude is automatically expelled (Section 12).
Every sangguniang panlungsod member must make full disclosure of business and financial interests upon assumption to office and must disclose interests/relationships that may create conflict affecting ordinances or resolutions under deliberation (Section 13).
Disclosure must be written and submitted to the sangguniang panlungsod secretary or committee secretary, and it must form part of the record of proceedings (Section 13).
The disclosure must be made before participation in deliberations, or if the member does not participate, before voting on second and third readings (Section 13).
The disclosure must also be made when the member takes a position or makes a privilege speech on a matter that may affect the disclosed business/financial/professional relationship (Section 13).

Sessions, quorum, ordinance approval

The sangguniang panlungsod must, by resolution, fix the day, time, and place of sessions on the first day of the session immediately following election (Section 14).
The minimum number of regular sessions is once a week for the sangguniang panlungsod (Section 14).
Special sessions may be called when public interest demands, by the city mayor or by a majority of sangguniang members (Section 14).
Sessions must be open to the public unless a closed-door session is ordered by an affirmative vote of the majority of members present with quorum, in the public interest or for security/decency/morality reasons (Section 14).
No two (2) sessions (regular or special) may be held in a single day (Section 14).
For special sessions, a written notice must be personally served to members at their usual residences at least 24 hours before the special session (Section 14).
Unless concurred in by two-thirds (2/3) vote of members present with quorum, a special session may consider only matters stated in the notice (Section 14).
The sangguniang panlungsod must keep a journal and record of proceedings and may publish them upon resolution by majority of its members (Section 14).
Quorum exists when a majority of all elected and qualified sanggunian members are present (Section 15).
If a quorum question arises during a session, the presiding officer must call the roll immediately and announce results (Section 15).
Where there is no quorum, the presiding officer may recess, or a majority present may adjourn from day to day and compel immediate attendance of absent members without justifiable cause by designating a member of the police force assigned in the City’s territorial jurisdiction to arrest the absent member and present him in session (Section 15).
If no quorum still exists after the foregoing, no business may be transacted; the presiding officer must declare the session adjourned for lack of quorum upon proper motion approved by members present (Section 15).
Every ordinance enacted by the sangguniang panlungsod must be presented to the city mayor (Section 16).
If the city mayor approves, signatures must be affixed on each and every page; otherwise the ordinance is vetoed with written objections and the sangguniang panlungsod may reconsider (Section 16).
The sangguniang panlungsod may override the veto by two-thirds (2/3) vote of all members, making the ordinance or resolution effective for all legal intents and purposes (Section 16).
The veto must be communicated within 10 days; otherwise the ordinance is deemed approved as if signed (Section 16).

Veto limits and review of ordinances

The city mayor may veto an ordinance on grounds it is ultra vires or prejudicial to the public welfare, stating reasons in writing (Section 17).
The city mayor may veto specific item(s) of an appropriations ordinance, a local development plan adopting ordinance, a public investment program adopting ordinance, or an ordinance directing payment of money or creating liability (Section 17).
Item(s) vetoed do not affect item(s) not objected to, and the vetoed item(s) do not take effect unless the sangguniang panlungsod overrides the veto as provided; otherwise the corresponding appropriations from the previous year are deemed enacted (Section 17).
The city mayor may veto an ordinance or resolution only once, and the sangguniang panlungsod may override by two-thirds (2/3) vote, making it effective even without city mayor approval (Section 17).
Within 3 days after approval, the secretary to the sangguniang panlungsod must forward copies of approved ordinances and resolutions approving local development plans and public investment programs to the sangguniang panlalawigan for review (Section 18).
Within 30 days after receipt, the sangguniang panlalawigan must examine documents or transmit them to the provincial attorney or provincial prosecutor for prompt examination (Section 18).
The provincial attorney or provincial prosecutor must, within 10 days from receipt, inform the sangguniang panlalawigan in writing of comments or recommendations for consideration (Section 18).
If the sangguniang panlalawigan finds an ordinance or resolution beyond the sanggunian’s power, it must declare the ordinance or resolution invalid in whole or in part and enter its action in minutes while advising city authorities (Section 18).
If no action is taken within 30 days after submission, the ordinance or resolution is presumed consistent with law and therefore valid (Section 18).

Barangay ordinance review and disapproved enforcement

The sangguniang barangay must furnish copies of all barangay ordinances to the sangguniang panlungsod within 10 days after enactment (Section 19).
If the sangguniang panlungsod fails to take action within 30 days from receipt, the barangay ordinance is deemed approved (Section 19).
If the sangguniang panlungsod finds a barangay ordinance inconsistent with law or city ordinances, it must return it within 30 days from receipt with comments and recommendations for adjustment/amendment/modification (Section 19).
The effectivity of a returned/subject-to-adjustment barangay ordinance is suspended until revisions are made (Section 19).
Any attempt to enforce an ordinance or a resolution approving the local development plan and public investment program after disapproval is a sufficient ground for suspension or dismissal of the official or employee concerned (Section 20).

Ordinance/resolution effectivity and posting

Ordinances or resolutions take effect after 10 days from posting when the ordinance/resolution does not state otherwise, with posting required at the City Hall bulletin board entrance and in at least two (2) other conspicuous places not later than 5 days after approval (Section 21).
The sangguniang panlungsod secretary must cause the posting within the stated timelines and must disseminate and post the text in Filipino or English, and must record the posting with approval and posting dates in a book kept for that purpose (Section 21).
The main features of ordinances/resolutions must be published once in a local newspaper of general circulation within the City (Section 21).
If there is no local newspaper of general circulation, publication must be made in any newspaper of general circulation (Section 21).
Ordinances with penal sanctions must have the gist of the ordinance published in a newspaper of general circulation (Section 21).