Title
Charter converting Masbate into a component city
Law
Republic Act No. 8798
Decision Date
Jul 15, 2000
The Charter of the City of Digos outlines the provisions and responsibilities of government services in the City, including the City Agriculturist, City Fire Station Service, City Jail Service, City School Division, and City Prosecutor, while also addressing transitory and final provisions and the governing laws.

Corporate Powers of the City

  • The City is a political body corporate with perpetual succession.
  • Powers include suing and being sued, using a corporate seal, acquiring and conveying property, entering into contracts, and exercising other lawful powers.

General Powers

  • The City has a common seal and can alter it.
  • Powers include taxing, managing roads and public properties, appropriation and condemnation for public use, contracting, litigation, and execution of suits.

Liability

  • City and officials are liable for damages and injury to persons or property.

Jurisdiction

  • Police jurisdiction equals territorial jurisdiction.
  • Water supply protection extends jurisdiction beyond territorial limits within drainage areas or 100 meters of water infrastructure.
  • Courts of the City and adjacent municipalities share jurisdiction over crimes within these areas.
  • Licensing and fees within extended water supply zones accrue to the respective local government units.

City Officials

  • Includes mayor, vice mayor, sangguniang panlungsod members, heads of various offices like treasurer, assessor, legal officer, social welfare, health, engineering, and others.
  • City mayor may appoint additional officials, including architects and information officers.
  • Creation, consolidation, or maintenance of offices under mayor’s discretion, subject to Sanguniang Panlungsod concurrence and civil service rules.

City Mayor

  • Elected at large; must be 21 years old, resident for one year, qualified voter.
  • Term of three years with salary grade 30 minimum.
  • Powers and duties include chief executive functions, policy direction, program implementation, legislative collaboration, appointment powers (with legislative concurrence), contract signing, emergency measures, budget and tax collection management.
  • Authority to solemnize marriages, conduct local sports events, report annually to province governor.
  • Police supervision and peace and order management under National Police Commission laws.
  • Resource generation and proper application for development plans.
  • Enforcement of laws and local government code provisions.

City Vice Mayor

  • Elected similarly to mayor with same qualifications and a salary grade 26.
  • Presides over Sanggunian, signs budget warrants, appoints officials (except those reserved for mayor or by law).
  • Assumes mayor’s office in vacancy, exercises mayor’s powers during temporary vacancy.

Sangguniang Panlungsod (City Council)

  • Composed of vice mayor, ten regular members, presidents of Liga ng mga Barangay, youth federation, and sectoral representatives from women, workers, and other sectors.
  • Powers to enact ordinances for city government efficiency, peace and order, public welfare, environmental protection, taxation, land use, business regulation, and establishment of services.
  • Approves budgets, levies taxes and fees, authorizes loans and bonds, regulates utilities, and governs land and buildings.
  • Provides legal assistance to city officials and ensures effective delivery of basic services.

Legislative Process

  • Sanggunian adopts internal rules on organization, legislative process, member discipline.
  • Financial and business interests of members must be disclosed to avoid conflicts of interest.
  • Sessions are held openly, with quorum rules and procedures for special sessions.
  • Ordinances require mayor's approval but can be overridden by a two-thirds Sanggunian vote.
  • Review of ordinances by provincial and barangay councils to ensure legality and consistency.
  • Disapproved ordinances enforcement leads to official suspension or dismissal.
  • Ordinances take effect after posting and publication.

Disqualifications and Succession of Elective Officials

  • Disqualifications include conviction for crimes involving moral turpitude, removal from office, dual citizenship, fugitive status, insanity, and others.
  • Permanent vacancies in mayor and vice mayor offices are filled by vice mayor and ranked council members respectively.
  • Council vacancies filled by appointment from the respective political party or mayor if no party affiliation.
  • Temporary mayor vacancies handled by vice mayor or highest ranking council member with certain limitations.

Appointive City Officials: Qualifications, Powers, and Duties

  • Detailed qualifications for city officials such as secretary, treasurer, assessor, accountant, budget officer, development coordinator, engineer, health officer, civil registrar, administrator, legal officer, social welfare officer, veterinarian, general services officer, environment officer, architect, information officer, cooperatives officer, population officer, agriculturist.
  • Duties include administrative management, financial supervision, legal representation, regulatory enforcement, public health administration, social welfare services, environmental protection, architectural planning, information dissemination, cooperative development, population management, and agricultural services.
  • All officials are subject to civil service eligibility, residency, educational requirements, and experience.
  • Officials implement programs, advise the mayor and sangguniang panlungsod, and manage their respective offices.

City Fire, Jail, School, and Prosecution Services

  • Establishment of fire station headed by fire marshal responsible for fire prevention and emergency services.
  • City jail providing secure detention with human rights safeguards, headed by a qualified warden.
  • City school division covering all school districts, headed by a qualified superintendent.
  • City prosecution service under the Department of Justice with city prosecutor handling criminal cases and assistance from assistant prosecutors.

Transitory and Final Provisions

  • Existing municipal ordinances remain in force until Sanggunian acts otherwise.
  • City existence is subject to ratification by plebiscite within 60 days of Act approval.
  • Current municipal officials continue until new elections.
  • City succeeds to all municipal assets, liabilities, and obligations.
  • City voters eligible to vote and run for provincial offices.
  • City remains under provincial jurisdiction unless otherwise provided.
  • No local tax rate increases permitted for five years after city creation.
  • City remains part of the second congressional district.
  • Local Government Code and applicable laws govern the city, unless inconsistent with this Act.
  • Provisions on separability, boundary dispute resolution, repealing previous inconsistent laws.
  • Effectivity upon publication in two newspapers.

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