Corporate Personality
- The city is a political body corporate with perpetual succession.
- It exercises municipal corporation powers as provided by the Charter.
City Seal and General Powers
- The city shall have an official seal for documents.
- It may acquire, hold, lease, convey, or dispose of property, contract, sue or be sued.
- It may condemn private property for public use.
Liability of the City
- The city is not liable for damages due to failure or negligence of city officials in enforcing laws.
Jurisdiction
- Police jurisdiction covers the entire city territory.
- Extends 100 meters around water supply reservoirs and facilities.
Relations with Provincial Government
- The city remains part of Negros Occidental's First Congressional District for elections.
- Voters participate in provincial elections, but the province has no jurisdiction over the city and its officials.
Executive Branch: Mayor
- Elected by city voters, minimum 30 years old, 5 years residency.
- Four-year term, removable for just cause with due process.
- Salary up to 15,000 pesos annually; may receive allowance and quarters.
- Chief executive with control over city departments.
- May veto ordinances; veto override requires two-thirds vote of the Municipal Board.
Vice-Mayor
- Performs mayoral duties in the mayor's absence or vacancy.
- Presides over the Municipal Board, votes only to break ties.
- Elected with same qualifications as the mayor.
- Receives mayor's salary when acting as mayor.
Powers and Duties of the Mayor
- Enforce laws and ordinances.
- Supervise city property, records, taxes, and revenues.
- Initiate legal actions on behalf of the city.
- Inspect departments and employees.
- Submit annual budget to Municipal Board.
- Grant/revoke municipal licenses.
- Appoint city officers, subject to Civil Service Law.
- Prepare emergency measures for calamities.
- Render annual report to the Office of the President.
Secretary to the Mayor
- Appointed by the mayor; may have one assistant.
- Custodian of city records; attests official documents.
- Considered head of a city department for administrative purposes.
Legislative Branch: Municipal Board
- Comprises Vice-Mayor (presiding officer) and 8 councilors elected at large.
- Vice-Mayor votes only to break ties.
- Board members must be city residents, qualified electors, 23 years old.
- May suspend or remove members as provincial officers.
- Responsible for enacting ordinances, resolutions, and appropriations.
Legislative Procedures
- Weekly ordinary sessions; extraordinary sessions called by the mayor.
- Quorum is five members.
- Ordinances require five votes to pass.
- Ordinances posted publicly, take effect 10 days after passage unless vetoed.
- Mayor can veto ordinances; veto override requires six Board members.
Legislative Powers
- Levy and collect taxes including real property tax up to 2% ad valorem.
- Float bonds for public works.
- Fix service fees and licenses.
- Regulate establishments, business, public order, police force.
- Establish schools, public safety regulations, and sanitation rules.
- Impose penalties up to 200 pesos fine or six months imprisonment.
Prohibited Commercial Signs
- No signs on public lands/buildings.
- Mayor can order removal of offensive signs after hearing.
City Departments
- Finance, Engineering, Law, Health, Police & Fire, and Assessment departments.
- Mayor supervises all departments.
- Department heads control respective departments.
Appointment and Conduct of Officials
- Mayor appoints key officials; appointments limited to civil service eligibles.
- City officers devote full time, except Municipal Board members.
- No business transactions with the city by city officers to prevent conflicts of interest.
- Officials must file sworn asset statements before office assumption.
Finance Department: City Treasurer
- Chief fiscal officer, collects taxes, fees, rents, fines.
- Accountable for city funds; disburses according to appropriations.
- Salary up to 11,400 pesos annually.
Law Department: City Attorney
- Chief legal adviser; salary up to 8,400 pesos annually.
- Represents city in civil cases, prosecutes violations.
- Issues legal opinions, investigates crimes, prosecutes offenders.
Engineering Department: City Engineer
- Salary up to 11,400 pesos annually.
- Handles surveying, public works planning, construction supervision.
- Supervises city property maintenance, waterworks, sewers.
- Can order removal of unauthorized or dangerous buildings.
- Manages public sanitation related to property.
Health Department: City Health Officer
- Salary up to 11,400 pesos annually.
- Supervises public health and sanitation.
- Enforces health laws and prosecutes violators.
- Maintains civil registry of births, marriages, deaths.
Police and Fire Department
- Chief of Police salary up to 9,000 pesos annually.
- Maintains peace, enforces laws, manages city prison.
- Supervises fire department and fire prevention.
- Chief of Detective Service assists chief of police.
- All officers are peace officers with powers of arrest, process serving.
Assessment Department
- City Treasurer acts ex-officio as City Assessor with extra compensation.
- Prepares list of taxable real estate, conducts valuations and hearings.
- Exemptions include certain government and religious properties, low-value property, and machinery.
Taxation and Collection
- Real estate tax up to 2% ad valorem, payable annually or in two installments.
- Penalties for delinquency up to 24% total.
- City Treasurer authorized to seize personal property for unpaid taxes with exclusions.
- Procedures for sale of property for delinquency, redemption rights provided.
City Budget
- City Treasurer presents fiscal report and revenue estimates.
- Mayor prepares and submits budget to Municipal Board.
- Budget cannot exceed estimated revenues.
- At least 15% appropriated for public improvements.
City Court
- City judge and auxiliary judge appointed.
- Jurisdiction over civil and certain criminal cases.
- Power to administer oaths, issue processes, punish contempt.
- Appeal from city court to Court of First Instance allowed.
Municipal Bureaus
- City Auditor audits accounts under Auditor General.
- Purchasing Agent manages procurement.
- City school board has supervisory role over public schools.
Transitory Provisions
- Continuity of municipal officials until expiration of current terms.
- Act takes effect upon approval.