Conversion to City of Baliwag
- Section 2 converts the Municipality of Baliwag into the City of Baliwag, a component city.
- The City comprises the present jurisdiction of the Municipality of Baliwag, Province of Bulacan.
- The City’s territorial jurisdiction is limited to the present metes and bounds of the former Municipality of Baliwag.
- Boundary disputes are preserved: conversion does not prevent the appropriate agency/forum from resolving existing boundary disputes or territorial jurisdiction cases between the City and adjoining LGUs.
- In disputed areas, territorial jurisdiction remains with the LGU that has existing administrative supervision until final resolution.
City identity and seal
- Section 3 requires the City to have an official seal.
- The seal is circular, with green and blue as dominant colors, representing the City’s vision to promote economic and social progress, sustainable development, and technological advancement.
- The seal’s design includes “2022” to indicate the year Baliwag became a component city and a building structure representing the facade of the town’s government seat; it also depicts the year 1733 (when Baliwag was founded by the Augustinians).
- The seal depicts rice stalks to reflect commitment to national food security and depicts the Baliwag buntal hat.
- The City may alter its official seal only if Congress approves the change and the change is registered with the DILG (Section 3).
Corporate and general powers
- Section 4 declares that the City is a political body corporate with perpetual succession.
- The City possesses the powers of a municipal corporation exercisable in conformity with Republic Act No. 7160, the Local Government Code of 1991, as amended, and this Charter.
- Section 4 enumerates corporate powers including: continuous succession in the corporate name; to sue and be sued; to have and use a corporate seal; and to acquire, hold, and convey real or personal property.
- Section 5 grants general powers including: levying taxes, fees, and charges; closing and opening roads, streets, alleys, parks, or squares; and expropriating/condemning private property for public use.
- Section 6 is the general welfare clause: the City shall ensure efficient governance and promote broad welfare objectives within its territorial jurisdiction, including culture, health and safety, balanced ecology, science and technology capabilities, public morals, economic prosperity and social justice, full employment, peace and order, and comfort and convenience.
Liability and police jurisdiction coverage
- Section 7 provides that the City and its officials are not exempt from liability for death or injury to persons or damage to property.
- Section 8 provides that the City’s police jurisdiction for police purposes is coextensive with its territorial jurisdiction.
- For water protection, Section 8 expands police jurisdiction over all territory within the drainage area of the City water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct, or pumping station used for City water service.
- Section 8 grants concurrent jurisdiction for crimes and misdemeanors in the drainage area or within the 100 m. zone: the City Court of Baliwag and the city/municipal courts of adjoining LGUs.
- Section 8 establishes that the court first taking jurisdiction tries the case to the exclusion of others, and local police forces have concurrent jurisdiction to maintain good order and enforce ordinances in the zone.
- Licenses within the zone must be granted by the proper authorities of the city or municipality concerned, and resulting fees accrue to that treasury.
City officials and legislative body
- Section 9 creates City offices including an elective City Mayor, City Vice Mayor, members of the Sangguniang Panlungsod, and appointive offices (e.g., City Treasurer, City Assessor, City Accountant, City Budget Officer, City Internal Auditor, City Planning and Sustainable Development Officer, City Environment and Natural Resources Officer, City Agriculturist, City Engineer, City Health Officer, City Civil Registrar, City Administrator, City Legal Officer, City Human Resource and Management Officer, City Disaster Risk Reduction and Management Officer, City Tourism Officer, City Information and Community Relations Officer, City Information and Communication Technology Officer, City Public Order and Safety Officer, City Enterprise and Economic Affairs Officer, City Social Welfare and Development Officer, City Youth and Development Officer, City Persons with Disability Affairs Officer, City Librarian, City Sports Development Officer, City Veterinarian, and City General Services Officer).
- The City Mayor may appoint additional offices listed in Section 9, including a City Architect and City Cooperatives Officer, among others.
- Sangguniang Panlungsod may maintain existing offices not mentioned, create necessary offices, or consolidate functions for efficiency and economy (Section 9).
- 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; the Sangguniang Panlungsod must act within fifteen (15) days, otherwise the appointment is deemed confirmed (Section 9).
- Section 9 mandates compensation standards: elective and appointive officials receive compensation as determined by law/ordinance, but no increase in compensation of the City Mayor, City Vice Mayor, and Sangguniang Panlungsod members takes effect until after the expiration of the full term of the local officials approving the increase.
- Section 10 sets the City Mayor’s minimum monthly compensation at the level corresponding to Salary Grade Thirty (SG-30) under Republic Act No. 6758, as amended.
- Section 11 sets the City Vice Mayor’s minimum monthly compensation at the level corresponding to Salary Grade Twenty-Six (SG-26) under Republic Act No. 6758, as amended.
- Section 12 establishes the composition of the Sangguniang Panlungsod: the City Vice Mayor as presiding officer, ten (10) regular members, the Presidents of the local chapters of Liga ng mga Barangay and Panlungsod na Pederasyon ng mga Sangguniang Kabataan, and three (3) sectoral representatives (women sector; agricultural or industrial workers sector; and one from other sectors including urban poor, indigenous cultural communities, or PWDs as determined within ninety (90) days prior to local elections).
- Section 12 sets the minimum monthly compensation of regular members and sectoral representatives at Salary Grade Twenty-Five (SG-25) under Republic Act No. 6758, as amended.
- Section 13 assigns the Sangguniang Panlungsod legislative functions, including enacting ordinances, approving resolutions, and appropriating funds for the general welfare.
Legislation, sessions, and ordinance approval
- Section 14 requires the Sangguniang Panlungsod to adopt or update internal rules of procedure in the first regular session following election and within ninety (90) days thereafter.
- Section 14 requires rules of procedure to provide for: committee structure (including enumerated standing committees), general jurisdiction of each committee, elections of committee chairmen/members, calendar of business, legislative process, parliamentary procedures, and discipline for disorderly behavior/absences.
- Section 14 sets member discipline for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions: the member may be censured, reprimanded, excluded, suspended for not more than sixty (60) days, or expelled; suspension/expulsion requires concurrence of at least two-thirds (2/3) of all Sangguniang Panlungsod members.
- Section 14 mandates automatic expulsion if a member is convicted by final judgment to imprisonment of at least one (1) year for a crime involving moral turpitude.
- Section 15 requires full disclosure by each Sangguniang Panlungsod member upon assumption: business and financial interests, including relationships by affinity or consanguinity within the fourth (4th) civil degree with persons/firms/entities affected by ordinances/resolutions and the kinds of relationships that create conflict (e.g., stock/investment and contracts/agreements).
- Section 15 requires written disclosure submitted to the Secretary to the Sangguniang Panlungsod or concerned committee; it must form part of the record of proceedings and be submitted before participation in deliberations, or before voting on second/third readings if the member did not participate during deliberations; disclosure also applies when the member takes a position or makes a privilege speech on matters affecting the specified business/financial relationships.
- Section 16 requires the Sangguniang Panlungsod, by resolution on the first day of the session immediately following election, to fix the day, time, and place of sessions.
- Section 16 sets minimum session frequency: once a week for the Sangguniang Panlungsod and twice a month for the Sangguniang Barangay.
- Section 16 requires sessions to be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of members present with quorum for public interest or reasons of security, decency, or morality; no two sessions may be held in a single day.
- Section 17 establishes quorum as a majority of all elected and qualified members; it requires roll-call on a quorum challenge and provides mechanisms for recess/adjournment if quorum is lacking, including enforcement actions for absent members.
- Section 18 provides ordinance approval mechanics: every ordinance is presented to the City Mayor; if approved, the Mayor signs each page; otherwise the ordinance is vetoed and returned with written objections, and the Sangguniang Panlungsod may reconsider.
- Section 18 requires the City Mayor to communicate the veto within ten (10) days or the ordinance is deemed approved as if signed.
- Section 18 allows overriding a veto by two-thirds (2/3) vote of all Sangguniang Panlungsod members.