Corporate and General Powers of the City
- City as a political body corporate with perpetual succession
- Powers include suing, being sued, having a corporate seal, acquiring and conveying property, entering contracts
- Authority to levy taxes, manage public property, issue licenses, expropriate private property for public use
- Liability of City and officials for death, injury, or property damage not exempted
Police Jurisdiction
- Police jurisdiction coextensive with city territory
- Extended jurisdiction for water supply protection within drainage areas and 100 meters of water facilities
- Concurrent jurisdiction of city and regional/metropolitan/municipal courts for crimes within these areas
- Licensing within these zones granted by proper city or municipal authorities
City Officials: Composition and Appointment
- City officials include mayor, vice mayor, sangguniang panlungsod members, and various appointed administrative and technical officers
- A city fire station, jail, school division, and prosecution service to be established with qualified heads
- Mayor appoints department heads with sangguniang panlungsod concurrence, subject to civil service laws
City Mayor: Qualifications, Tenure, Powers and Duties
- Elected at-large; must be 21+, resident for 1 year, qualified voter
- Three-year term with salary grade 30
- Chief executive with power to appoint officials, direct city programs, execute ordinances, enforce laws
- Responsibilities include disaster management, oversight of officials, budget preparation, and peace and order
- Has veto power over ordinances, subject to override by two-thirds sangguniang vote
- Empowered to carry firearms within jurisdiction with proper permits
City Vice Mayor: Role and Functions
- Elected similarly to mayor with same qualifications
- Three-year term with salary grade 26
- Presides over sangguniang panlungsod, approves expenditures, makes appointments of sanggunian employees
- Assumes mayoral office in vacancy; executes mayoral duties in temporary absence
Sangguniang Panlungsod (City Council): Composition and Powers
- Legislative body with vice mayor as presiding officer, 10 elected members, presidents of barangay and youth federations, plus sectoral representatives
- Authority to enact ordinances, impose fines and taxes, regulate local businesses, land use, social welfare, environment and public safety
- Can approve budgets, authorize debts, grants, and franchises
- Regulates public utilities, zoning, traffic, solid waste, health and social welfare services
- Provides legal assistance and insurance coverage for officials and employees
Legislative Process and Procedures
- Sanggunian adopts internal rules for organization, sessions, and discipline
- Requires full disclosure of financial and business interests of members to prevent conflict of interest
- Sessions are generally public; quorum is majority of elected members
- Ordinances presented to mayor for approval or veto; veto override requires two-thirds vote
Review and Enforcement of Ordinances
- Sanggunian panlalawigan reviews city ordinances for legality within 30 days
- Barangay ordinances reviewed by sangguniang panlungsod within 30 days
- Disapproved ordinances must not be enforced; violations subject to suspension or dismissal
- Ordinance effectivity normally 10 days after posting and publication in local newspapers
Disqualifications and Succession for Elective Officials
- Disqualifications include conviction for moral turpitude offenses, removal from office, dual citizenship, permanent foreign residency
- Permanent vacancies in mayor or vice mayor offices filled automatically by vice mayor or highest-ranking sangguniang members
- Sanggunian vacancies filled by appointees from political party of predecessor or by sanggunian recommendation
- Temporary incapacity of mayor results in vice mayor exercising mayoral duties, with certain limits
Appointive City Officials: Qualifications, Powers, and Duties
- Various key positions created such as secretary to sangguniang, treasurer, assessor, accountant, budget officer, planning 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
- Must meet specific educational and experience requirements, residency in City of Himamaylan, and civil service eligibility
- Duties encompass policy formulation, administration, supervision, technical assistance, law enforcement, public service delivery, record keeping, and disaster-related functions
Specific Offices and Functions
- Fire station headed by fire marshal with firefighting and emergency rescue duties
- Jail service to maintain humane, secure detention headed by jail warden with social services focus
- City school division overseen by qualified superintendent
- Prosecution service managed by city prosecutor affiliated with Department of Justice
Transitory Provisions
- Existing municipal ordinances remain effective until amended by sangguniang panlungsod
- Corporate existence and city creation effective upon plebiscite ratification by majority of qualified voters
- Present officials continue until new elections; appointive employees absorbed by new city government
- City succeeds to assets and liabilities of municipality
- City residents entitled to vote in provincial elections; City remains under jurisdiction of Negros Occidental province
- Tax rate increases prohibited for five years following cityhood
- City remains part of existing congressional district until revised by law
General Legal Provisions
- Local Government Code and relevant laws apply as long as not inconsistent with this Act
- Invalidity of any provision does not affect remainder of Act
- Boundary disputes can be resolved by proper authorities despite cityhood
- Conflicting laws repealed or amended accordingly
- Act effective upon publication in newspapers of general and local circulation