Legal and Corporate Status
- Legazpi is a political body corporate with perpetual succession.
- Holds powers typical of municipal corporations to be exercised under this Charter.
General Powers of the City
- Possesses a common seal; can alter it.
- Can acquire, hold, lease, convey, and dispose of properties for city interests.
- May condemn private property for public use.
- Can enter into contracts, sue, and defend itself.
Liability for Damages
- The city is not liable for damages due to enforcement failures or negligence by officials.
- Aggrieved parties can personally sue officials or employees for acts within their duties.
Police Jurisdiction
- Extends over city territory, 3 miles beyond city shores, and water supply drainage zones.
- Municipal Court has concurrent jurisdiction with nearby Justice of Peace Courts for crimes within water supply zones.
- Police forces have concurrent jurisdiction in these areas.
- License fees issued in these zones accrue to the respective municipalities.
Executive Leadership: Mayor
- Chief executive of the city, elected at large for a 4-year term.
- Eligibility: at least 25 years old, 2-year city residency, qualified voter.
- Salary: 6,000 pesos per annum plus possible housing allowance.
- Extensive executive, administrative, fiscal oversight, law enforcement, and emergency powers.
Vice-Mayor
- Elected similarly to the Mayor, with same qualifications, term, and 4,800 pesos salary.
- Acts as Mayor in his absence or vacancy.
- If both Mayor and Vice-Mayor offices are vacant, Presidential appointment fills vacancies.
Duties and Powers of the Mayor
- Enforcement of laws and ordinances.
- Safeguards city property and finances.
- Institutes legal proceedings for city interests.
- Supervises city officials and employees.
- Can transfer officers within the city service.
- Inspects city departments’ books annually.
- Represents the city in business matters.
- Submits budgets to Municipal Board.
- Grants or revokes municipal licenses.
- May exempt deserving poor students from school fees.
- Takes emergency measures in public calamities.
Secretary to the Mayor
- Appointed by Mayor; rank of department head.
- Custodian of city records and corporate seal.
- Attests executive documents.
- Keeps records open to public inspection.
- Term is coterminous with appointing Mayor.
- Salary: 4,000 pesos per annum.
Municipal Board (Legislative Body)
- Composed of Vice-Mayor (presiding officer) and eight councilors elected at large.
- Vice-Mayor votes only to break ties.
- Councilors’ qualifications: at least 23 years old, 2-year residency.
- Salary: 3,400 pesos per annum.
- May suspend or remove members under provincial office rules.
Municipal Board Secretary
- Elected by the Board.
- Maintains records, minutes, seals ordinances.
- Responsible for publication of ordinances.
- Salary: 4,000 pesos per annum.
Legislative Procedure
- Holds bi-weekly ordinary sessions; extraordinary sessions called by Mayor.
- Open-door sessions unless majority orders otherwise.
- Majority of all members needed for ordinance approval; Vice-Mayor may veto.
- Mayor can veto part or whole ordinances; Board can override veto with two-thirds majority.
- Mayor returns ordinances within 10 days or they are deemed approved.
Legislative Powers
- Levy and collect taxes; real property tax capped at 2% ad valorem.
- Fix salaries of city officials with Department Head’s approval.
- Provide for free distribution of medicines, milk, and meals to indigents.
- Tax and regulate various businesses, occupations, and licenses.
- Maintain city fire, police, and court departments.
- Regulate public safety, health, sanitation, and nuisances.
- Enact ordinances for city welfare with penalties up to 200 pesos fine or six months imprisonment.
Restrictive Provisions on Signage
- Prohibits commercial signs on public lands.
- Mayor can order removal of offensive signs; removal cost charged to owners.
Barrio Councils
- Organized in each barrio; composed of barrio lieutenant, sub-lieutenant, and councilmen for livelihood, education and health.
- Elected by qualified barrio residents annually.
- Powers: promulgate rules approved by Municipal Board, manage barrio funds, represent barrio interests.
- Council members serve one-year terms; max of four consecutive terms without two-year gap.
- Operate without compensation.
Departments and Offices
- Includes Finance, Engineering and Public Works, Law, Health, Police, Fire, and Assessment.
- The Mayor supervises these departments.
- Department heads certify pay rolls, prepare budgets, and report operations.
Appointment and Removal of Officers
- President appoints key officials with Commission on Appointments’ consent.
- Mayor appoints other employees subject to Civil Service Law.
- City officers prohibited from engaging in business transactions with the city or purchasing city property.
Auditing and Education Oversight
- Auditor General audits city accounts.
- City auditor appointed by Auditor General; salary shared between national government and city.
- Director of Public Schools and city superintendent exercise school jurisdiction.
Finance Department and Treasurer
- City Treasurer is fiscal officer, collects taxes, licenses, rents, fines, and fees.
- Acts as deputy collector for internal revenue taxes.
- Purchases supplies and manages city funds.
- Monthly reports on appropriations and expenditures to Mayor and Municipal Board.
Engineering Department and City Engineer
- City Engineer supervises public works, surveys, street and property maintenance, and public utilities.
- Protects city from poor-quality materials.
- Controls public docks, waterworks, sewers, and private water systems.
- Ensures compliance with building safety ordinances.
Public Works Contract and Bidding
- Public works costing 3,000 pesos or more require public bidding.
- City Engineer may execute works with approval.
Law Department: City Fiscal
- City Fiscal is chief legal adviser and prosecutor for city civil and criminal cases.
- Investigates neglect, misconduct, and violations involving city officials and franchises.
- Manages evidentiary proceedings including subpoenas and autopsy authorizations.
Health Department
- City Health Officer oversees sanitation, enforcement of health laws, civil registration, and pueri-culture centers.
- Can recommend health ordinances and prosecute sanitary violations.
- During epidemics, the Director of Health assumes full control.
Police Department
- Chief of Police manages police force, issues local regulations, and enforces laws and ordinances.
- Handles arrest, prosecution, and custody of prisoners.
- Deputy Chief and Chief of Secret Service assist in discipline and detective functions.
- Police have broad authority for law enforcement, including warrantless arrests within jurisdiction.
Fire Department
- Chief manages organization, discipline, fire equipment, fire safety inspections, and fire investigations.
- May order demolition to prevent fire spread.
- Regulates electrical installations to prevent fire hazards.
- Deputy Chief and City Electrician assist and enforce electrical regulations.
Department of Assessment and City Assessor
- City Assessor lists taxable real estate, administers oaths, and values properties.
- Prepares and publishes tax assessments with procedures for appeals and corrections.
- Certain properties are exempt from taxation.
- City Board of Tax Appeals hears property tax disputes.
Taxation and Collection Procedures
- Real estate tax rate capped at 2% ad valorem, payable annually or in two installments.
- Penalties for late payment accrue monthly up to 24%.
- Protest rights for taxpayers with judicial remedies only after tax payment under protest.
- Procedures for seizure, auction, redemption, and transfer of tax delinquent property outlined.
Tax Allotments and Special Assessments
- City entitled to share of national internal revenue and school aids.
- Municipal Board may levy special assessments up to 60% cost for public improvements benefitting properties.
- Procedures for publishing, protesting, hearing, appeal, and payment of special assessments defined.
City Budget
- Annual detailed budget prepared by City Treasurer and Mayor, submitted to Municipal Board.
- Supplemental budgets allowed under special circumstances.
- Failure to enact appropriation maintains prior year’s budget by default.
Municipal Court
- Municipal Judge and auxiliary judge appointed; more branches may be established.
- Court has jurisdiction over civil and criminal cases within city ordinances.
- Clerk of court keeps records, acts as sheriff, and collects fees.
- Lawsuits for validity and appeals are subject to procedural safeguards.
Transitional Provisions
- Incumbent officials continue until terms expire.
- City remains part of existing provincial districts for representation and provincial governance.
- Inconsistent laws repealed.
- Act effective upon approval.