Charter converting Cauayan, Isabela into a city

City creation and corporate powers

The Municipality of Cauayan is converted into a component city known as the City of Cauayan, comprising the present territory of the municipality. (Section 2)
The City is a political body corporate with perpetual succession and powers of a municipal corporation, exercised in conformity with this Charter and applicable laws. (Section 3)
The City may have continuous succession in its corporate name, sue and be sued, have and use a corporate seal, and acquire/hold/convey property. (Section 3)
The City may enter into contracts and/or agreements and exercise other powers, prerogatives, or authority subject to limitations in the Charter or other laws. (Section 3)
The City has general powers to levy taxes; close and open roads, streets, alleys, parks or squares; expropriate private property for public use; prosecute and defend suits; and exercise corporate powers granted by law or this Charter. (Section 4)
The City and its officials are not exempt from liability for death or injury to persons or damage to property. (Section 5)

Territory and boundary governance

The City’s territorial jurisdiction is within the present metes and bounds of the Municipality of Cauayan, including boundaries with adjacent municipalities and river boundaries described by lines and cadastral references. (Section 2)
The Charter provides an extensive technical boundary description using bearings, distances, and line points, containing an approximate area of thirty-three thousand six hundred forty hectares (33,640 has.) subject to change upon cadastral survey approval. (Section 2)
Boundary reference computations are tied to the approved Political Boundary Survey (Pb-02-000015) dated April 22, 1999, with Point equivalences to MBM points specified in the Charter. (Section 2)
Existing boundary disputes or cases involving territorial jurisdiction questions between the City and adjoining local government units are not prejudiced by the boundary description. (Section 2)

Local police jurisdiction and trial court venue

The City’s police jurisdiction for police purposes is coextensive with its territorial jurisdiction, and extends over 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 city water service. (Section 6)
Regional trial courts and the City courts have concurrent jurisdiction with metropolitan trial courts or city/municipal trial courts over crimes and misdemeanors committed within the drainage area or within the one hundred meters (100 m.) zone. (Section 6
The court that first takes jurisdiction retains exclusive jurisdiction over the case thereafter. (Section 6)
Licenses in the specified zone/area/space are granted by the proper authorities of the concerned city or municipality, and license fees accrue to that city/municipality treasury. (Section 6)

City government officers and offices

The City includes a city mayor, city vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant city treasurer, city assessor and assistant city assessor, city accountant, city budget officer, city planning and development coordinator, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city social welfare and development officer, city veterinarian, city general services officer, city agriculturist, city cooperatives officer, and environment and natural resources officer. (Section 7)
The city mayor may appoint a city architect, city information officer, and city population officer. (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 school division headed by a city school division superintendent, and a city prosecution service headed by a city prosecutor. (Section 7)
The City may maintain existing offices not mentioned, create other necessary offices, or consolidate functions of offices for efficiency and economy. (Section 7)
Department and office heads are appointed by the city mayor with concurrence of the majority of all sangguniang panlungsod members, subject to civil service rules. (Section 7)
The sangguniang panlungsod must act on appointments within fifteen (15) days; otherwise, appointments are deemed confirmed. (Section 7)

City mayor and vice mayor authorities

The city mayor is the chief executive of the City and is elected at large by qualified voters of the City. (Section 8)
A mayoral candidate must be at least twenty-one (21) years of age, an actual resident of the City for at least one (1) year prior to election, and a qualified voter. (Section 8)
The city mayor serves for three (3) years, unless sooner removed. (Section 8)
The city mayor receives a minimum monthly compensation corresponding to salary grade thirty (30) under Republic Act No. 6758 and its implementing guidelines. (Section 8)

Mayor duties: governance, budgets, policing, and services

The city mayor exercises powers and duties granted by the Local Government Code of 1991 and other laws, including powers expressly granted, necessarily implied, and essential for efficient governance and general welfare. (Section 8)
The city mayor determines city policy guidelines and is responsible to the sangguniang panlungsod for the program of government. (Section 8)
The city mayor directs formulation of the city development plan with assistance of the city development council and implements it upon approval by the sangguniang panlungsod. (Section 8)
The city mayor presents the program of government and proposes policies/projects at the opening of the regular session every calendar year and as often as needed for general welfare and city needs. (Section 8)
The city mayor initiates and proposes legislative measures to the sangguniang panlungsod and provides information/data needed for legislative functions. (Section 8)

Mayor duties: appointments, representation, emergencies, and control

The city mayor appoints officials and employees whose salaries or wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided in the Charter, except those appointed by the vice mayor as provided in Section 9. (Section 8)
The city mayor represents the City in business transactions and signs, with authority from the sangguniang panlungsod or pursuant to law or ordinance, bonds, contracts, obligations, and other documents. (Section 8)
The city mayor carries out emergency measures during and after man-made and natural disasters and calamities. (Section 8)
The city mayor enforces laws and ordinances, ensures barangay and city acts remain within prescribed powers, calls conventions/conferences/seminars/meetings for welfare and governance, and issues executive orders for enforcement of laws and ordinances. (Section 8)
The city mayor has authority to carry necessary firearms within territorial jurisdiction after procurement of required permits/licenses from duly constituted authorities. (Section 8)
The city mayor acts as deputized representative of the National Police Commission and formulates the city’s peace and order plan; upon approval, the mayor implements it and exercises general and operational control and supervision over police forces in accordance with Republic Act No. 6975. (Section 8)
The city mayor calls law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or apprehend law violators when public interest requires and city police forces are inadequate. (Section 8)

Mayor duties: finance instruments, permits, property, and basic services

The city mayor initiates and maximizes generation of resources and revenues and applies them to implementation of development plans and agro-industrial/countryside growth priorities. (Section 8)
The city mayor requires each office head to prepare and submit estimates of appropriations for the ensuing calendar year under the Local Government Code. (Section 8)
The city mayor prepares and submits to the sanggunian for approval the executive and supplemental budgets for the ensuing calendar year following the Local Government Code. (Section 8)
The city mayor ensures collection of all city taxes and revenues and application of city funds for expenses and settlement of obligations per law or ordinance. (Section 8)
The city mayor issues licenses and permits and suspends or revokes them for violations of conditions under which issued, pursuant to law or ordinance, and includes permits to gambling operations authorized by law subject to sangguniang panlungsod ordinance. (Section 8)
The city mayor issues permits without approval requirement from any national agency for activities for any charitable or welfare purpose, excluding prohibited games or shows contrary to law, public policy, and public morals. (Section 8)

Vice mayor duties and mayor succession operations

The city vice mayor is elected in the same manner as the city mayor and must have the same qualifications. (Section 9)
The vice mayor serves for three (3) years, unless sooner removed, and receives monthly compensation corresponding to salary grade twenty-six (26) under Republic Act No. 6758 and implementing guidelines. (Section 9)
The vice mayor presides over the sangguniang panlungsod and signs warrants drawn on the city treasury for sangguniang panlungsod expenditures. (Section 9)
The vice mayor appoints officials and employees including the secretary of the sangguniang panlungsod and employees of individual members, subject to civil service rules, except those with appointment methods specifically provided by existing laws. (Section 9)
The vice mayor assumes the office of city mayor for the unexpired term in case of permanent vacancy, and exercises mayor powers/functions for temporary vacancy. (Section 9)
The vice mayor performs other duties and functions provided by Republic Act No. 7160 and by ordinance. (Section 9)

Sangguniang panlungsod: composition and legislative powers

The sangguniang panlungsod is the legislative body of the City and is composed of the city vice mayor as presiding officer, ten (10) regular 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 sectoral representatives. (Section 10)
The Charter mandates three (3) sectoral representatives: one (1) from women; one (1) from agricultural or industrial workers; and one (1) from other sectors including urban poor, indigenous cultural communities, or disabled persons. (Section 10)
The sangguniang panlungsod determines agricultural/industrial worker sector selection within ninety (90) days prior to local elections. (Section 10)
Regular and sectoral members are elected in the manner provided by law; elective members have qualifications under Section 39 of Republic Act No. 7160. (Section 10)
Members receive compensation, emoluments, and allowances as determined by law. (Section 10)

Sangguniang panlungsod: ordinances, peace and environment

The sangguniang panlungsod approves ordinances and passes resolutions needed for an efficient and effective city government. (Section 10)
The sangguniang panlungsod reviews ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether within barangay powers. (Section 10)
The sangguniang panlungsod maintains peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and imposing penalties for violations of city ordinances. (Section 10)
The sangguniang panlungsod may approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000) or imprisonment not exceeding one (1) year, or both, at the court’s discretion, for violation of a city ordinance. (Section 10)
The sangguniang panlungsod adopts measures protecting inhabitants from harmful effects of man-made or natural disasters and calamities and provides relief services and assistance for victims during and after disasters, including return to productive livelihood. (Section 10)

Mandatory ordinances: anti-habits, zoning, taxes, and services

The sangguniang panlungsod enacts ordinances to prevent/suppress and impose penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, houses of ill-repute, gambling and other prohibited games of chance, fraudulent devices/ways to obtain money/property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, and obscene/pornographic materials/publications, and other inimical activities. (Section 10)
The sangguniang panlungsod protects the environment and may allocate at least ten percent (10%) of development funds for maintaining and enhancing ecological balance; it may impose penalties for environmentally destructive acts, including dynamite fishing, illegal logging, smuggling of logs/natural resources products, endangered species smuggling, and slash-and-burn farming, plus other activities causing pollution and ecological imbalance. (Section 10)
The sangguniang panlungsod determines positions and salaries/wages/allowances/emoluments of officials and employees paid wholly or mainly from city funds and provides for expenditures for proper conduct of city programs/projects/services/activities. (Section 10)

Sangguniang panlungsod: budgets, insurance, and legal aid

The sangguniang panlungsod authorizes payment of compensation to qualified persons not in government service who fill temporary vacancies, or grants honorarium to qualified officials/employees designated to fill a temporary vacancy in concurrent capacity at the rate authorized by law. (Section 10)
The sangguniang panlungsod provides a mechanism and appropriate funds to ensure safety/protection of city government property and public documents/records (including property inventory, land ownership, births/marriages/deaths, assessments/taxation, accounts, business permits, and other public-interest records) in offices/departments. (Section 10)
When city finances allow, the sangguniang panlungsod may provide additional allowances and benefits to judges, prosecutors, public elementary/high school teachers, and other national officials stationed in or assigned to the City. (Section 10)
The sangguniang panlungsod provides legal assistance to city and barangay officials, including members of the city police, in official duties or on the occasion thereof, including initiating judicial proceedings or defending against legal actions; it may authorize the city mayor to engage private counsel. (Section 10)
When city finances allow, the sangguniang panlungsod provides for group insurance or additional insurance coverage for all officials, including barangay tanod brigades and other service units, with public or private insurance companies. (Section 10)

Sangguniang panlungsod: revenue, borrowing, bonds, and development

The sangguniang panlungsod generates and maximizes use of resources and revenues for development plans, priorities, and agro-industrial/city-wide growth. (Section 10)
The sangguniang panlungsod approves annual supplemental budgets and appropriates funds for specific city programs/projects/services/activities or other purposes for general welfare. (Section 10)
Subject to Book II of Republic Act No. 7160 and applicable laws, and by majority vote of all members, it enacts ordinances levying taxes/fees/charges, prescribing rates for general and specific purposes, and granting tax exemption/incentives/relief. (Section 10)
Subject to Book II and applicable laws, and by majority vote of all members, it authorizes the city mayor to negotiate and contract loans and other forms of indebtedness. (Section 10)
Subject to Book II and applicable laws, and by majority vote of all members, it enacts ordinances authorizing floating of bonds or other instruments of indebtedness to finance development projects. (Section 10)
The sangguniang panlungsod appropriates funds for construction/maintenance or rental of buildings for city use and, by majority vote, authorizes the city mayor to lease public buildings held in proprietary capacity to private parties subject to existing laws/rules/regulations. (Section 10)

Sangguniang panlungsod: land use, zoning, and approvals

The sangguniang panlungsod may prescribe reasonable limits and restraints on use of property within the City. (Section 10)
It adopts a comprehensive land use plan for the City in coordination within the approved provincial comprehensive land use plan. (Section 10)
It may reclassify lands subject to the Local Government Code provisions. (Section 10)
It enacts an integrated zoning ordinance in consonance with the comprehensive land use plan, subject to existing laws/rules/regulations; it establishes fire limits/zones and regulates building construction/repair/modification in those zones under the Fire Code. (Section 10)
It processes and approves subdivision plans for residential, commercial, industrial, and other development purposes subject to national law; it collects processing fees/charges accruing entirely to the City where national agency approval is required, and approval must not be withheld more than thirty (30) days from receipt of application—failure to act within the period is deemed approval. (Section 10)

Sangguniang panlungsod: fisheries, franchises, utilities, and gambling

Subject to Book II of the Local Government Code, the sangguniang panlungsod grants the exclusive privilege of constructing fish corrals or fish pens, or catching/taking bangus fry, prawn fry or kawag-kawag fry, or fry of any species of fish within city waters. (Section 10)
With concurrence of at least two-thirds (2/3) of all members, it grants tax exemptions/incentives/relief to entities engaged in community growth-inducing industries subject to the Local Government Code. (Section 10)
It grants loans or grants to other local government units or to national/provincial/city charitable, benevolent, or educational institutions, provided such institutions are operated and maintained within the City. (Section 10)
It regulates numbering of buildings and inspects/weighs/measures articles of commerce. (Section 10)
Subject to Book II, and pursuant to legislative authority to promote general welfare, it enacts ordinances granting franchises and authorizing issuance of permits/licenses, including fixing reasonable fees/charges for city services rendered to private persons/entities and regulating/fixing license fees for business or professional practice, including conditions and revocation. (Section 10)
It provides terms and conditions for operating city-owned public utilities and may prescribe conditions for leasing to private persons/entities, preferably cooperatives. (Section 10)
It regulates display of signs/signboards/billboards and fixes license fees for signs where the business/profession is advertised. (Section 10)
The sangguniang panlungsod authorizes and licenses the establishment, operation, and maintenance of cockpits and regulates cockfighting and commercial breeding of gamecocks, without prejudicing existing rights. (Section 10)
Subject to guidelines of the Department of Transportation and Communications, it regulates tricycle operations and grants franchises for tricycle operations within City territorial jurisdiction. (Section 10)
Upon majority vote, it grants a franchise for business in the City and authorizes construction/operation/maintenance of ferries, wharves, markets, or slaughterhouses, or other allowed activities under existing laws; it gives cooperatives preference. (Section 10)
It regulates and manages gambling consistent with public welfare by either denying entry of legalized gambling into any part of the City by ordinance or regulating its location, requiring concurrence of at least a majority of all members present and a quorum. (Section 10)

Sangguniang panlungsod: nuisance, sanitation, waste, animals, traffic

The sangguniang panlungsod declares, prevents, or abates nuisances. (Section 10)
It requires buildings/premises and land to be kept in sanitary condition, imposes penalties for violations, and requires performance at the owner/administrator/tenant’s expense or requires filling to a proper sanitation grade upon failure to comply. (Section 10)
It regulates disposal of clinical and other wastes from hospitals/clinics and similar establishments. (Section 10)
It regulates establishment/operation of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses and similar establishments, including tourist guides and transports. (Section 10)
It regulates sale/giving away/dispensing of intoxicating malt, vino, mixed or fermented liquors at retail outlets. (Section 10)
It regulates inspection of steam boilers and heating devices and storage of inflammable/highly combustible materials. (Section 10)
It regulates entertainment/amusement facilities and related events/activities, including theatrical performances, circuses, billiard pools, public dancing schools, dance halls, sauna baths, massage parlors, and other amusement facilities, and may require suspension/suppression or prohibit certain forms to protect social and moral welfare. (Section 10)
It regulates funeral parlors and burial or cremation of the dead subject to existing laws/rules/regulations. (Section 10)
It provides for impounding of stray animals, regulates keeping of animals in homes or as part of a business, regulates slaughter/sale/disposition of animals, and adopts measures to prevent and penalize cruelty to animals. (Section 10)
It regulates use of streets/avenues/alleys/sidewalks/bridges/parks and public places; approves construction/improvement/repair/maintenance; establishes bus/vehicle stops and terminals or regulates their use by privately-owned vehicles serving the public; regulates garages and conveyances for hire; designates vehicle stands; regulates putting up signs/signposts/awnings/awning posts; and provides lighting/cleaning/sprinkling of streets and public places. (Section 10)
It regulates traffic on streets and bridges and prohibits encroachments/obstacles; when necessary for public welfare, it authorizes removal of encroachments and illegal constructions in public places. (Section 10)

Sangguniang panlungsod: waterworks, public safety, health, schooling

It regulates and establishes an efficient waterworks system to supply and purify city water, regulates construction/maintenance/repair/use of hydrants/pumps/cisterns/reservoirs, protects purity and quantity, extends ordinances over all territory within water-supply drainage area and within one hundred meters (100 m.) of reservoirs/canals/conduits/aqueducts/pumping stations/watersheds used in connection with water service, and regulates consumption/use/wastage and charges. (Section 10)
It regulates drilling/excavation for laying water/gas/sewer and other pipes and public drains/sewers/cesspools/tunnels and similar structures; regulates placing poles and crosswalks/curbs/gutters; adopts safety measures against hazards; and regulates private water closets/privies and similar structures in buildings/homes. (Section 10)
It regulates placing/stringing/attaching/installing/repair/construction of gas mains and electric telegraph/telephone wires, conduits, meters, and apparatus, and provides for correction/condemnation/removal when found dangerous. (Section 10)
It establishes and provides for operation of vocational and technical schools and similar post-secondary institutions, and with Department of Education, Culture and Sports approval and subject to existing laws on tuition fees, fixes and collects reasonable tuition fees and other school charges in city-supported educational institutions. (Section 10)
It establishes a scholarship fund for poor but deserving students in schools within the City jurisdiction or for students residing in the City. (Section 10)

Legislative processes: rules, disclosure, sessions, ordinances

The sangguniang panlungsod adopts or updates its internal rules of procedure within ninety (90) days from the first regular session following election of its members. (Section 11)
Its rules of procedure must cover organization, election of officers and standing committees (including appropriations, revenues, engineering/public works, education/health, women/family, human rights, youth and sports development, environmental protection, peace and order and traffic, and cooperatives), jurisdiction of committees, and election of committee chairmen and members. (Section 11)
Rules must cover order/calendar of business; legislative process; parliamentary procedures; discipline for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions (censure/reprimand/exclusion; suspension not more than sixty (60) days; or expulsion), requiring two-thirds (2/3) concurrence for suspension/expulsion; and automatic expulsion for members convicted by final judgment to imprisonment of at least one (1) year for crimes involving moral turpitude. (Section 11)
Every sangguniang panlungsod member must, upon assumption to office, make written full disclosure of business and financial interests, including relations by affinity or consanguinity within the fourth civil degree with persons/firms/entities affected by ordinances/resolutions and relationships that may cause conflict of interests. (Section 12)
The disclosure must include ownership of stock/capital/investment in entities to which ordinances/resolutions apply and contracts/agreements with persons/entities affected. (Section 12)
“Conflict of interest” refers to situations where it may reasonably be deduced that a member may not act in the public interest due to private pecuniary or other personal considerations affecting judgment to the prejudice of service/public. (Section 12)
Disclosure must be submitted in writing to the secretary of the sanggunian or secretary of the committee, become part of the record of proceedings, and be made before participating in deliberations; if the member does not participate, disclosure is made before voting on second and third readings; or when the member takes a position or delivers a privilege speech on matters affecting the described business/financial/professional relationships. (Section 12)
The sangguniang panlungsod sets session day/time/place by resolution on the first day of the session immediately following election; it must hold at least once weekly regular sessions. (Section 13)
Regular sessions must be at least once weekly for the sangguniang panlungsod and twice a month for the sangguniang barangay; special sessions may be called by the city mayor or majority of the members when public interest demands. (Section 13)
Sessions are open to the public unless a closed-door session is ordered by affirmative vote of a majority of members present with quorum in the public interest or for reasons of security, decency, or morality; no two sessions (regular or special) may be held on a single day.