Corporate Powers of the City
- Kabankalan City is a political body corporate with perpetual succession.
- Has powers to sue and be sued, acquire and convey property, enter into contracts.
- Can exercise all powers granted to municipalities under the law.
General Powers and Functions
- City may levy taxes, close public spaces subject to laws.
- Can hold, lease, and dispose of properties and condemn private property for public use.
- Can sue and be sued, contract obligations, and enact policies within its powers.
Liability
- City and officials are liable for death, injury, or property damage caused.
Jurisdiction
- Police jurisdiction covers city territory and water supply drainage areas extending 100 meters around water infrastructure.
- City courts have concurrent jurisdiction with neighboring courts over crimes within these areas.
- Police forces have concurrent jurisdiction.
- License fees collected in these areas accrue to respective city or municipality.
City Officials
- Lists elective and appointive officials including mayor, vice-mayor, sangguniang panlungsod members, and various department heads.
- Appointment of officials by mayor with sangguniang panlungsod concurrence.
City Mayor
- Elected at large, must be 21 years old, resident for 1 year, and qualified voter.
- Term of 3 years with specified salary grade.
- Exercises executive powers: policy determination, development planning, legislative proposals, appointments, contract signatory.
- Disaster management, oversight of city officials, examination of records.
- Represents city in legal matters, solemnizes marriages, holds annual sports events.
- Manages resources, ensures tax collection, issues permits, enforces laws.
- Oversees police, peace and order including deputized authority.
- Ensures delivery of services, coordinates infrastructure.
City Vice Mayor
- Same qualifications as mayor, elected similarly, receives salary grade 28.
- Presides over sangguniang panlungsod, appoints sangguniang officials.
- Assumes mayor’s office in vacancy.
- Exercises duties per Local Government Code.
Sangguniang Panlungsod (City Council)
- Comprises vice-mayor as presiding officer, elected members, sectoral representatives.
- Sectoral reps include women, workers, and other sectors.
- Powers include passing ordinances, resolutions, and budgets.
- Reviews ordinances for legality, maintains peace and order through enactments.
- Environmental protection, taxation powers as per Local Government Code.
- Grants franchises, regulates land, business, utilities, and community welfare.
- Promotes culture, elderly welfare, and provides legal assistance.
- Manages public facilities, services, safety, and development plans.
Legislative Procedure
- Sangguniang panlungsod to adopt rules of procedure within 90 days post-election.
- Includes organization, legislative process, discipline of members.
- Full disclosure of financial interests required to avoid conflicts of interest.
- Regular sessions once a week; special sessions as needed.
- Quorum is majority; members can be compelled to attend sessions.
- Ordinances require mayoral approval; veto possible but override by two-thirds vote.
Review of Ordinances
- City resolutions and ordinances undergo sangguniang panlalawigan review.
- Barangay ordinances submitted to city council for consistency check.
- Disapproved ordinances enforcement leads to penalties against officials.
- Ordinances take effect 10 days after posting in designated places and publication.
Disqualifications and Succession
- Disqualifications include criminal conviction, removal from office, dual citizenship, insanity among others.
- Permanent vacancies fulfill succession: vice mayor assumes mayoralty; sangguniang members fill vice mayor and other vacant posts.
- Political party nomination required for sangguniang vacancies.
- Temporary vacancies covered by vice-mayor or highest ranking member.
Appointive Officials: Qualifications, Powers, and Duties
- Each key city official must be a resident, of good moral character, and meet specific educational and experiential qualifications.
- Key officials include secretary to the sangguniang panlungsod, city treasurer, assistant treasurer, city assessor, assistant assessor, city accountant, budget officer, planning and development coordinator, city engineer, health officer, civil registrar, administrator, legal officer, agriculturist, social welfare officer, environment officer, architect, information officer, cooperatives officer, population officer, veterinarian, and general services officer.
- Each official heads respective offices, responsible for planning, implementation, technical assistance, legal support, and disaster response related to their domain.
- Their duties include formulating measures, managing resources, overseeing services, ensuring compliance with laws, providing advice to the mayor and council.
Transitional and Final Provisions
- Existing municipal ordinances remain effective until amended.
- No increase in local tax rates for five years from incorporation.
- City corporate existence confirmed by plebiscite.
- Current municipal officials continue until new elections with city status established.
- City remains under provincial jurisdiction and legislative district unchanged pending law.
- Provisions of Local Government Code applicable unless inconsistent.
- Act takes effect upon publication in two newspapers.