General powers and water-protection jurisdiction
- Section 4 empowers the City to levy taxes, fees, and charges; to close and open roads, streets, alleys, parks, or squares; to expropriate/condemn private property for public use; and to exercise all powers of corporations as granted by law or this Charter.
- Section 5 provides that the City and its officials are not exempt from liability for death or injury to persons or damage to property.
- Section 6 provides that the City’s police jurisdiction for police purposes is coextensive with the City’s territorial jurisdiction.
- Section 6 extends police jurisdiction for water purity protection to:
- all territory within the drainage area of the City’s water supply; or
- within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct, or pumping station used for the City water service.
- Section 6 grants concurrent jurisdiction to the City Court of Cabuyao and the city or municipal courts of adjoining municipalities or cities to try crimes and misdemeanors committed within the drainage area or within 100 m. of the specified water facilities.
- Section 6 provides that the court first taking cognizance of the offense has jurisdiction to the exclusion of others.
- Section 6 provides concurrent police jurisdiction among concerned municipalities and cities and the City, for enforcement of ordinances and maintenance of good order within the zone/area/spaces; licenses issued within the zone are granted by the proper authorities of the concerned city/municipality, and the fees accrue to their treasury.
City officials and department organization
- Section 7 establishes core City offices: city mayor, city vice mayor, sangguniang panlungsod members, 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 authorizes the city mayor to 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 mandates establishment in the City of 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 empowers the sangguniang panlungsod to:
- maintain existing offices not mentioned in Sections 7(a) and (b);
- create other offices necessary to carry out the purposes of the City; and
- consolidate functions of offices for efficiency and economy.
- Section 7(e) provides that, unless otherwise provided, heads of departments and offices are appointed by the city mayor with concurrence of the majority of all sangguniang panlungsod members, subject to civil service laws and rules; the sangguniang panlungsod must act within fifteen (15) days, otherwise the appointment is deemed confirmed.
- Section 7(f) provides that elective and appointive city officials receive compensation, allowances, and emoluments determined by law or ordinance, subject to budgetary limitations under Title Five, Book II of the Local Government Code of 1991.
- Section 7(f) provides a restriction on increases: no increase in compensation of the city mayor, city vice mayor, and sangguniang panlungsod member takes effect until after the expiration of the full term of the local officials approving the increase.
City mayor and vice mayor powers
- Section 8(a) makes the city mayor the chief executive of the City, elected at large by qualified voters.
- Section 8(a) sets eligibility requirements for city mayor:
- Philippine citizen at election time;
- at least twenty-one (21) years of age;
- resident of the City for at least one (1) year prior to election;
- a qualified voter therein; and
- able to read and write Filipino or any other local language or dialect.
- Section 8(a) fixes term of office at three (3) years, subject to removal, and limits service to not more than three (3) consecutive terms.
- Section 8(a) provides the city mayor receives a minimum monthly compensation corresponding to Salary Grade Thirty (30) under Republic Act No. 6758 and implementing guidelines.
- Section 8(b)(1) requires the city mayor to exercise powers expressly granted, those necessarily implied, and those necessary, appropriate, or incidental for efficient governance and general welfare, including responsibilities such as:
- directing formulation of the city development plan and implementing it upon approval by the sangguniang panlungsod;
- presenting the program of government and proposing policies/projects at the opening of the regular session every calendar year and as needed;
- initiating legislative measures and providing requested information/data;
- appointing officials/employees whose salaries and wages are wholly or mainly paid out of city fund and whose appointments are not otherwise provided;
- representing the City in business transactions and signing bonds, contracts, and obligations upon authority of the sangguniang panlungsod or pursuant to law/ordinance;
- carrying out emergency measures during and after man-made/natural disasters or calamities;
- determining time/manner/place of payment of salaries/wages in accordance with law or ordinance;
- ensuring officials/employees faithfully discharge duties and causing administrative/judicial proceedings for offenses in official performance;
- examining books/records and requiring national officials/employees stationed/assigned in the City to make available documents (except those classified as confidential);
- furnishing copies of executive orders to the provincial governor within seventy-two (72) hours after issuance;
- visiting component barangays at least once every six (6) months;
- acting on leave applications and commutation of leave credits in accordance with law;
- authorizing official trips outside the City for a period not exceeding thirty (30) days (with longer/abroad trips governed by the Local Government Code of 1991);
- solemnizing marriages;
- conducting an annual palarong panlungsod featuring traditional sports and disciplines included in national/international games in coordination with the Department of Education (DepED);
- submitting required reports to the provincial governor, including an annual report and supplemental reports upon unexpected events and disasters/calamities.
- Section 8(b)(2)–(5) assigns additional duties including enforcement of laws/ordinances, issuance of executive orders, peace and order functions as deputized representative of the National Police Commission, formulation and implementation of the peace and order plan upon approval, authority to carry firearms within territorial jurisdiction, and resource-generation and basic-service delivery functions.
Sangguniang panlungsod: composition and powers
- Section 10(a) provides that the sangguniang panlungsod is the City’s legislative body composed of:
- the city vice mayor as presiding officer;
- ten (10) 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 from specified sectors.
- Section 10(a) requires sectoral representation including:
- one (1) from the women sector; and
- one (1) from the agricultural or industrial workers sector, and one (1) from the other sectors, including urban poor, indigenous cultural communities, or disabled persons, to be determined within ninety (90) days prior to local elections by the sangguniang panlungsod.
- Section 10(b) provides that regular members and sectoral representatives are elected in the manner provided by law.
- Section 11(a) provides that the sangguniang panlungsod enacts ordinances, approves resolutions, and appropriates funds for general welfare pursuant to Section 16 of the Local Government Code of 1991 and proper exercise of City corporate powers.
- Section 11(a)(1) empowers the sangguniang panlungsod to enact ordinances for efficient city government and, among others:
- review ordinances and executive orders of barangays for conformity with prescribed powers;
- maintain peace and order by measures to prevent/suppress lawlessness, disorder, riot, violence, rebellion, or sedition and impose penalties;
- approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one (1) year, or both, at court discretion, for violation of a City ordinance;
- protect inhabitants during disasters and provide relief services and assistance for return to productive livelihood;
- enact ordinances addressing habitual drunkenness in public places, vagrancy, mendicancy, prostitution, houses of ill-repute, gambling and other prohibited games of chance, fraudulent devices, drug-related offenses, juvenile delinquency, and obscene or pornographic materials or publications, and other inimical activities.
- Section 11(a)(2)–(6) grants broad legislative and budgetary powers including setting and appropriating funds, approving budgets, enacting tax measures subject to voting and Local Government Code provisions, authorizing loans and bond financing subject to voting and legal limits, approving comprehensive land-use plans and zoning ordinances, regulating subdivisions and processing fees accruing entirely to the City (with national agency approval deemed granted if not acted upon within thirty (30) days), granting privileges over fish corrals/pens and fry taking subject to law, granting tax incentives with required supermajority, regulating franchises, nuisances, sanitation and waste systems, establishments and activities including liquor retail and entertainment/amusement facilities, impounding stray animals and regulating animal keeping and cruelty prevention, funeral parlor/burial/cremation regulation subject to existing laws, and regulating delivery of basic services including waterworks, water purity and drainage-area coverage, traffic, solid waste systems, health-related facilities, and culturally oriented councils (including a city council for the elderly and senior citizens and a city council for culture and the arts).
- Section 11(b) provides a compensation floor for sangguniang panlungsod members: minimum monthly compensation corresponding to Salary Grade Twenty-five (25) under Salary Standardization Law and implementing guidelines.
Legislative process, ordinance approval, and effectivity
- Section 12(a) requires the sangguniang panlungsod, on the first regular session following the election of its members and within ninety (90) days thereafter, to adopt or update its existing rules of procedure.
- Section 12(b) requires rules of procedure to provide for:
- organization, election of officers, and creation of standing committees including specified committee areas;
- general jurisdiction of each committee;
- election of chairperson and committee members;
- order and calendar of business;
- legislative process;
- parliamentary procedures and conduct of members;
- discipline for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions: censure, reprimand, or exclusion; suspension for not more than sixty (60) days; or expulsion—expulsion/suspension requires concurrence of at least two-thirds (2/3) vote of all sanggunian members;
- automatic expulsion when convicted by final judgment to imprisonment of at least one (1) year for a crime involving moral turpitude; and
- other rules the sanggunian may adopt.
- Section 13(a) requires every sangguniang panlungsod member, upon assumption to office, to make full disclosure of business and financial interests, including relationships within the fourth civil degree by affinity or consanguinity with any person/firm/entity affected by any ordinance or resolution under consideration that may result in conflict of interests, including stock/capital/investment and contracts/agreements.
- Section 13(b) requires the disclosure to be in writing submitted to the secretary of the sangguniang panlungsod or the secretary of the committee, to form part of the record, made:
- before the member participates in deliberations; or if no participation, before voting on second and third readings; and
- when the member takes a position or makes a privilege speech on a matter affecting the described interests/relationships.
- Section 14(a)–(e) provides that the sangguniang panlungsod fixes by resolution the day/time/place of sessions; maintains minimum regular sessions of once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay; allows special sessions when called by the city mayor or by a majority of members; requires sessions 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; prohibits holding two (2) sessions in a single day; requires written notice for special sessions served twenty-four (24) hours before; limits matters in special sessions to those stated in the notice unless two-thirds (2/3) vote of members present with quorum concurs; and requires a journal and record of proceedings.
- Section 15(a)–(c) provides quorum is a majority of all elected and qualified members; requires roll call upon raised quorum issues; allows recess or adjournment when no quorum and provides authority to compel attendance of an absent member with police assistance; and mandates that if no quorum persists, no business is transacted and the presiding officer declares adjournment upon proper motion.
- Section 16(a)–(b) governs ordinance approval:
- all ordinances must be presented to the city mayor;
- if approved, the mayor signs each page; otherwise, the mayor vetoes and returns with objections for reconsideration;
- the sangguniang panlungsod may override a veto by two-thirds (2/3) vote of all its members, making the ordinance effective;
- the veto must be communicated to the sangguniang panlungsod within ten (10) days, otherwise the ordinance is deemed approved as if signed.
- Section 17 grants veto powers:
- mayor may veto ordinances for being ultra vires or prejudicial to public welfare, stating written reasons;
- mayor may item-veto appropriations ordinances, ordinances/resolutions adopting local development plan and public investment programs, and ordinances directing payment of money or creating liability; vetoed items do not affect non-objected items; vetoed items take effect only if overridden; otherwise, appropriations corresponding to vetoed items in the previous year are deemed enacted;
- mayor may veto an ordinance or resolution only once; and the sanggunian may override by two-thirds (2/3) vote of all members to make it effective without approval.
- Section 18 requires review of City ordinances by the sangguniang panlalawigan:
- within three (3) days after approval, the secretary forwards copies to the sangguniang panlalawigan for review;
- within thirty (30) days from receipt, it examines documents or transmits to the provincial attorney or provincial prosecutor;
- the provincial attorney/prosecutor submits written comments/recommendations within ten (10) days from receipt;
- the sangguniang panlalawigan declares ordinances/resolutions invalid in whole or in part if beyond powers, enters action in minutes, and advises City authorities;
- if no action is taken within thirty (30) days, the ordinance/resolution is presumed consistent with law and valid.
- Section 19 governs review of barangay ordinances by the sangguniang panlungsod:
- barangay must furnish copies within ten (10) days for review of consistency with law or city ordinances;
- if sangguniang panlungsod fails to act within thirty (30) days, barangay ordinances are deemed approved;
- if found inconsistent, sangguniang panlungsod returns within thirty (30) days for adjustment/amendment/modification and suspends effectivity until revisions are effected.
- Section 20 penalizes attempted enforcement of disapproved ordinances/resolutions: any attempt after disapproval is sufficient ground for suspension or dismissal of the concerned official or employee.
- Section 21(a)–(c) establishes ordinance/resolution effectivity and dissemination:
- unless otherwise stated, ordinances/resolutions (including those approving the local development plan and public investment program) take effect after ten (10) days from posting at the entrance of City Hall of Cabuyao and in at least two (2) other conspicuous places within five (5) days after approval;
- the secretary must cause posting within five (5) days after approval, ensure dissemination and posting in Filipino or English, and record posting in a book stating approval and posting dates;
- main features must be published once in a local newspaper of general circulation within the City; if absent, publication is in any newspaper of general circulation;
- the gist of all ordinances with penal sanctions must be published in a newspaper of general circulation.
Disqualification and succession rules
- Section 22 disqualifies the following from running for any elective position in the City:
- those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence;
- those removed from office as result of an administrative case;
- those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines;
- those with dual citizenship;
- fugitives from justice in criminal or nonpolitical cases here and abroad;
- permanent residents in a foreign country or those who acquired the right to reside abroad and continue to avail of that right after the effectivity of the Local Government Code of 1991; and
- the insane or feeble-minded.
- Section 23(a)–(b) provides automatic succession for permanent vacancies:
- permanent vacancy in the city mayor office makes the city vice mayor concerned city mayor;
- permanent vacancy in the city vice mayor office makes the highest ranking sangguniang panlungsod member (or the second highest ranking member if permanently incapacitated) city mayor or vice mayor, as the case may.
- permanent vacancy in the punong barangay office makes the highest-ranking sangguniang barangay member (or second highest ranking if permanently unable) punong barangay.
- Section 23(c) provides that ties among highest ranking sanggunian members are resolved by drawing of lots.
- Section 23(d) limits successors to the unexpired terms of their predecessors.
- Section 23(e) defines a permanent vacancy to arise when an elective local official fills in a higher vacant office, refuses to assume office, fails to qualify, dies, is removed, voluntarily resigns, or becomes otherwise permanently incapacitated to discharge functions.
- Section 23(f) provides ranking in the sanggunian is determined based on the proportion of votes obtained by each winning candidate to the total registered voters in the City in the immediately preceding local election.
- Section 24 provides filling of permanent vacancies where automatic succession does not apply:
- the provincial governor makes appointments;
- only the nominee of the political party under which the member concerned was elected shall be appointed, from the same political party, to serve the unexpired term;
- a nomination and certificate of membership from the highest official of the political party are conditions sine qua non, and any appointment without them is null and void ab initio and grounds for administrative action against the responsible official;
- if the vacancy is caused by a member not belonging to any political party, the city mayor appoints a qualified person upon recommendation of the sangguniang panlungsod;
- vacancies in representation of the youth and the barangay in the sangguniang panlungsod are filed automatically by the next-in-rank of the concerned organization.
- Section 25 governs temporary vacancy/incapacity in the city mayor office:
- when temporarily incapacitated for physical or legal reasons, the city vice mayor or the highest ranking sangguniang panlungsod member automatically exercises powers and performs duties, except appointing/suspending/dismissing employees, which may be exercised only if temporary incapacity exceeds thirty (30) working days;
- temporary incapacity terminates upon submission to the sangguniang panlungsod of a written declaration by the city mayor that he/she reported back to office, and if legal cause, submission of documents showing the legal cause no longer exists;
- for domestic travel outside territorial jurisdiction not exceeding three (3) consecutive days, the mayor may designate in writing an officer-in-charge specifying powers/functions except employee appointment/suspension/dismissal;
- if the mayor fails/refuses to issue such authorization, the vice mayor or highest ranking sanggunian member assumes powers/functions on the fourth (4th) day of absence, subject to limitations;
- except as provided, the mayor may not authorize any other local official to assume the office other than the vice mayor or highest ranking member.
Note on effectivity and transition
- Section 21(a) provides that effectivity of ordinances/resolutions follows ten (10) days after required posting unless the ordinance/resolution states otherwise.
- Section 21(a)–(b) requires posting within five (5) days after approval, with dissemination and recordkeeping in a book.
- Section 21(c) requires publication of main features once in a local newspaper of general circulation within the City (or any newspaper of general circulation if no local newspaper exists), and requires the gist of ordinances with penal sanctions to be published in a newspaper of general circulation.