Law Summary
Corporate Powers of the City
- The City is a political body corporate with perpetual succession.
- Powers include: suing and being sued; having a corporate seal; acquiring and conveying properties; entering contracts; and exercising powers granted to corporations under this Act and other laws.
General Powers of the City
- The City may have an independent seal and alter it.
- Authority to levy taxes.
- Power to open or close public spaces including roads, parks, subdivisions for public purposes.
- Authority to acquire, hold, lease, dispose of properties and to condemn private property for public use.
- May contract, sue, or be sued.
City Officials and Appointment
- City officials include the mayor, vice mayor, sangguniang panlungsod (city council), and various specialized officers.
- The city mayor appoints officials with the concurrence of the majority of the sangguniang panlungsod.
- Appointments are subject to Civil Service Law.
City Mayor: Qualifications and Powers
- Chief executive elected at large, must be at least 23 years old, resident for one year, qualified voter.
- Term: 3 years with compensation corresponding to salary grade 30.
- Powers include:
- Setting city policy guidelines and development plans.
- Proposing legislation and programs.
- Appointing city officials.
- Representing the city legally.
- Managing emergencies and disasters.
- Supervising city personnel and ensuring compliance with laws.
- Exercising general and operational control over local police.
- Generating and maximizing city revenues.
- Ensuring delivery of basic services and coordination with national programs.
City Vice Mayor: Qualifications and Functions
- Elected like the mayor; same qualifications.
- Term: 3 years with salary grade 28.
- Acts as presiding officer of the sangguniang panlungsod.
- Appoints sangguniang panlungsod officials except those appointed by law.
- Assumes mayor's office upon vacancy.
- Exercises mayoral duties during temporary vacancy.
Sangguniang Panlungsod Composition and Powers
- Legislative body composed of vice mayor, regular members, barangay and youth federation presidents, and sectoral representatives.
- Elective members must have qualifications similar to mayor.
- Powers:
- Enact ordinances for governance, peace and order, disaster response, public morality, environment protection.
- Approve budgets and raise revenues.
- Regulate land use, business licenses, and public utilities.
- Establish basic services and facilities including markets, transportation, sanitation, and education.
- Grant franchises and regulate activities for public welfare.
Legislative Procedures and Powers of the Sanggunian
- Adoption of internal rules governing organization, legislative process, discipline.
- Members must disclose business and financial interests to avoid conflicts.
- Sessions held weekly; special sessions may be called with proper notice.
- Quorum requires majority; absence without cause may lead to disciplinary action.
- Ordinances presented to mayor for approval or veto; veto override requires two-thirds vote.
- Barangay ordinances are reviewed for conformity with laws; disapproved ordinances suspend enforcement.
- Ordinances take effect 10 days after posting and publication.
Disqualifications and Succession
- Disqualifications: prior convictions for moral turpitude, removal from office, dual citizenship, insanity, among others.
- Permanent mayoral vacancy filled by vice mayor; vice mayoral vacancy filled by highest ranking sanggunian member.
- Other sanggunian vacancies filled by appointment from the same political party, or by city mayor's recommendation if no party affiliation.
- Temporary disability of mayor activates vice mayor or highest ranking sanggunian member to exercise mayoral duties with limitations.
Appointive City Officials: Qualifications and Duties
- Officials include secretary to sanggunian, treasurer, assistant treasurer, assessor, assistant assessor, accountant, budget officer, planning coordinator, engineer, health officer, civil registrar, administrator, legal officer, social welfare officer, architect, information officer, environment officer, cooperatives officer, general services officer, tourism officer, land transportation officer, prosecutor, schools division superintendent, fire marshal, and jail warden.
- Qualifications generally require Philippine citizenship, city residency, moral character, relevant educational degrees, civil service eligibility, specific experience, and in some cases professional licenses.
- Duties vary per office but include administration, financial management, development planning, legal services, public health, social welfare, urban development, education, legal prosecution, disaster response, and law enforcement.
Continuity and Jurisdiction
- Existing municipal ordinances remain effective until modified by the city sanggunian.
- The city acquires corporate existence upon plebiscite ratification.
- Current officials continue until successors assume office.
- The city remains under the jurisdiction of Metropolitan Manila.
- City has its own legislative district.
Tax and Gambling Moratorium
- Five-year moratorium on increasing tax rates post-effectivity.
- Tax adjustments limited to once every five years, not exceeding 10%.
- Five-year moratorium on establishing new gambling venues including cockfighting and lotto.
Applicable Laws, Separability, and Effectivity
- Governed by the Local Government Code, Metro Manila laws, and laws applicable to highly urbanized cities unless inconsistent with this Act.
- Separable provisions do not affect the rest of the Act if declared unconstitutional.
- The Act takes effect 15 days after publication in the Official Gazette or newspapers of national circulation.