Conversion of Ilagan Municipality to City

General powers, liabilities, and jurisdiction

The City has a common seal and may alter it at pleasure. Section 4.
The City may levy taxes and manage local public assets and infrastructure, subject to the Constitution and existing laws, including closing/opening roads, streets, alleys, parks, or squares. Section 4.
The City may acquire, purchase, receive, hold, lease, convey, and dispose of real or personal property for the general interest and may condemn private property for public use. Section 4.
The City’s officials and the City are not exempt from liability for death or injury to persons or damage to property. Section 5.
For police purposes, the City’s police jurisdiction is coextensive with its territorial jurisdiction. Section 6.
For protecting and ensuring the purity of the City’s water supply, police jurisdiction extends to all territory within the drainage area and to areas within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used for City water service. Section 6.
The city court has concurrent jurisdiction with the city or municipal courts of adjoining municipalities or cities to try crimes and misdemeanors committed within the drainage area or within one hundred meters spaces. Section 6.
The court first taking cognizance of an offense has jurisdiction to try the case to the exclusion of others. Section 6.
City and concerned municipal/city police forces have concurrent jurisdiction to maintain good order and enforce ordinances throughout the described zone/area/spaces. Section 6.
Licenses issued within the described zone/area/spaces are granted by the proper authorities of the city or municipality concerned, and related fees accrue to the treasury of that city or municipality, not to the City. Section 6.

City officials and office structure

The City government includes a city mayor, vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant city treasurer, city assessor and assistant city assessor, city accountant, city budget officer, city planning and development coordinator, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city veterinarian, city social welfare and development officer, city general services officer, city architect, city information officer, city population officer, city environment and natural resources officer, city cooperatives officer, city agriculturist, and city tourism and cultural affairs officer. Section 7.
The City must establish a city fire station headed by a city fire marshal and a city jail headed by a city jail warden. Section 7.
The City may: maintain existing offices not mentioned; create necessary offices; or consolidate office functions for efficiency and economy. Section 7.
Except as otherwise provided, appointive city officials are appointed by the city mayor with the concurrence of a majority of all sangguniang panlungsod members, subject to Civil Service Law and rules. Section 7.
The sangguniang panlungsod must act on the appointments within fifteen (15) days from submission; otherwise, the appointments are deemed confirmed. Section 7.

City mayor: election, qualifications, powers

The city mayor is the chief executive of the City. Section 8.
The city mayor is elected at large by the qualified voters of the City. Section 8.
To be eligible, a candidate must be at least twenty-one (21) years of age, an actual resident of the City for at least one (1) year prior to the election, and a qualified voter. Section 8.
The city mayor serves three (3) years unless sooner removed. Section 8.
The city mayor receives a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758 and its implementing guidelines. Section 8.
The city mayor exercises powers and performs duties for effective governance, including powers expressly granted, necessarily implied, and incidental to general welfare. Section 8.
The city mayor must: set city policy guidelines and be responsible to the sangguniang panlungsod for the program of government; direct city development plan formulation with the city development council and implement it upon approval; present the program of government annually and as needed; initiate legislative measures and provide needed data to the sangguniang panlungsod; appoint officials and employees paid wholly or mainly from city funds unless otherwise provided in the Act. Section 8.
The city mayor must represent the City in business transactions and sign, in behalf of the City, bonds, contracts, and obligations and other documents upon authority of the sangguniang panlungsod or pursuant to law/ordinance. Section 8.
The city mayor must carry out emergency measures during and after man-made and natural disasters and calamities. Section 8.
The city mayor must determine the time, manner, and place of payment of salaries or wages in accordance with law or ordinance. Section 8.
The city mayor must ensure faithful discharge of duties by executive officials and employees and cause administrative/judicial proceedings against officials or employees who committed offenses in official duties. Section 8.
The city mayor must examine books/records/documents of City offices and require national officials/employees stationed/assigned to the City to make available books/records/documents in their custody, except those classified by law as confidential. Section 8.
The city mayor must furnish copies of executive orders to the respective council chairmen within seventy-two (72) hours after issuance. Section 8.
The city mayor must visit component barangays at least once every six (6) months and conduct visits/inspection to improve governance and quality of life. Section 8.
The city mayor must act on leave applications and commutation of monetary value of leave credits in accordance with law; authorize official trips outside the City for periods not exceeding thirty (30) days; and call national officials to advise and coordinate on City plans and, when appropriate, initiate actions against national officials who committed offenses while stationed/assigned to the City. Section 8.
The city mayor must authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees for city officials/employees injured while performing official duties, subject to availability of funds. Section 8.
The city mayor may solemnize marriages notwithstanding any contrary provision of law. Section 8.
The city mayor must conduct an annual palarong panlungsod featuring traditional sports and disciplines included in national and international games, in coordination with Department of Education, Culture and Sports. Section 8.
The city mayor must submit to the provincial governor of Isabela an annual report summarizing City management/administration/development and political, social, and economic conditions, plus supplemental reports upon unexpected events affecting the general welfare, particularly man-made or natural disasters/calamities. Section 8.
The city mayor must enforce laws and ordinances, ensure acts of component barangays and City officials/employees are within powers, call conventions/conferences/seminars/meetings, issue executive orders, be entitled to carry a necessary firearm within territorial jurisdiction, act as deputized representative of the National Police Commission to formulate and implement the peace and order plan in accordance with Republic Act No. 6975, and call law enforcement agencies to suppress disorder/riot/lawless violence/rebellion/sedition or apprehend violators when public interest requires and City police forces are inadequate. Section 8.
The city mayor must maximize generation of resources and revenues and apply them to development plans, priorities, and agro-industrial development and countryside growth by: requiring department estimate submissions; preparing and submitting executive and supplemental budgets for approval; ensuring collection of taxes and revenues and application of City funds in accordance with law/ordinance; issuing licenses/permits and suspending/revoking for violations; issuing permits for charitable/welfare activities (excluding prohibited games of chance or shows contrary to law/public policy/public morals) without need of national agency approval; requiring permits for illegally constructed houses/buildings/structures subject to fines/penalties or ordering changes/demolition/removal within periods prescribed by law/ordinance. Section 8.
The city mayor must adopt adequate measures to safeguard and conserve land, minerals, marine, forest, and other City resources; provide efficient property/supply management and protect City funds/credits/rights; and institute or cause administrative/judicial proceedings for violations of ordinances in collection and for recovery of funds/property, and defend the City in suits to protect its interests, resources, and rights. Section 8.
The city mayor must ensure delivery of basic services and facilities and coordinate technical services rendered by national offices, including spatially contiguous construction/repair of national government roads and highways in coordination with City roads and bridges, as far as practicable. Section 8.
The city mayor must perform other duties and functions and exercise other powers provided under Republic Act No. 7160 (Local Government Code of 1991) and by law or ordinance. Section 8.
The vice mayor is elected in the same manner as the city mayor and must possess the same qualifications; serves three (3) years; and receives monthly compensation corresponding to Salary Grade Twenty-Six (26) under Republic Act No. 6758. Section 9.

Vice mayor and presiding functions

The vice mayor acts as presiding officer of the sangguniang panlungsod and signs warrants drawn on the city treasury for sangguniang panlungsod expenditures appropriated for its operation. Section 9.
Subject to Civil Service Law, the vice mayor appoints sangguniang panlungsod officials and employees except those whose appointment is specifically provided by existing law. Section 9.
The vice mayor assumes the office of city mayor for the unexpired term in the event of permanent vacancy of the city mayor. Section 9.
The vice mayor exercises powers and performs duties of the city mayor in cases of temporary vacancy. Section 9.
The vice mayor performs other duties and exercises other powers provided under Republic Act No. 7160 and by law or ordinance. Section 9.

Sangguniang panlungsod composition and functions

The sangguniang panlungsod is the legislative body composed of: the city vice mayor as presiding officer; regular sanggunian members; the president of the city chapter of Liga ng mga Barangay; the president of the panlungsod Pederasyon ng mga Sangguniang Kabataan; and sectoral representatives. Section 10.
There are three (3) sectoral representatives: one (1) from women, one (1) from agricultural or industrial workers, and one (1) from other sectors including the urban poor, indigenous cultural communities, or disabled persons. Section 10.
The sangguniang panlungsod determines sectoral representative selection within ninety (90) days prior to local elections. Section 10.
Regular members and sectoral representatives are elected in the manner provided by law. Section 10.
Regular members and sectoral representatives have the same qualifications as the city mayor and vice mayor, except elective candidates must be at least eighteen (18) years of age on election day. Section 10.
The sangguniang panlungsod members receive compensation, emoluments, and allowances determined by law. Section 10.
The sangguniang panlungsod approves ordinances and resolutions necessary for efficient and effective city government. Section 10.
The sangguniang panlungsod reviews ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine consistency with prescribed powers. Section 10.
The sangguniang panlungsod maintains peace and order by enacting measures to prevent and suppress lawlessness/disorder/riot/violence/rebellion/sedition and impose penalties for violations of ordinances. Section 10.
The sangguniang panlungsod approves ordinances imposing penalties for violation of a city ordinance up to Five thousand pesos (P5,000) and/or one (1) year imprisonment, at the discretion of the court. Section 10.
The sangguniang panlungsod adopts measures to protect inhabitants from disasters and provides relief and assistance for victims during and after disasters and for return to productive livelihood. Section 10.
The sangguniang panlungsod enacts ordinances to prevent and suppress habitual drunkenness in public places, vagrancy, mendicancy, prostitution, houses of ill-repute, gambling and other prohibited games of chance, fraudulent devices/ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, and obscene/pornographic materials or publications, and other inimical activities. Section 10.
The sangguniang panlungsod protects the environment and imposes penalties for acts endangering the environment such as dynamite fishing/destructive fishing, illegal logging and smuggling of logs, smuggling of natural resource products and endangered species of flora and fauna, slash and burn farming, and other pollution- and ecological-imbalance causing activities. Section 10.
The sangguniang panlungsod determines, subject to Local Government Code and pertinent laws, the powers and duties of city officials and employees, and determines positions and salaries/wages/allowances/emoluments for officials and employees paid wholly or mainly from city funds, and provides for expenditures for city programs/projects/services/activities. Section 10.
The sangguniang panlungsod authorizes payment of compensation or honorarium to qualified persons filling temporary vacancies or designated to fill temporary vacancies in concurrent capacity at rates authorized by law. Section 10.
The sangguniang panlungsod creates mechanisms and provides funds for the safety and protection of city government property and public documents/records (property inventory, land ownership, birth/marriage/death records, assessments, taxation, accounts, business permits, and other records of public interest) in offices and departments. Section 10.
When city finances allow, the sangguniang panlungsod provides additional allowances and benefits to judges, prosecutors, public elementary and high school teachers, and other national officials stationed/assigned in the City. Section 10.
The sangguniang panlungsod provides legal assistance to barangay officials who must initiate judicial proceedings or defend themselves against legal action in the performance of official duties or on the occasion thereof. Section 10.
When city finances allow, the sangguniang panlungsod provides group insurance or additional insurance coverage for barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies. Section 10.

Legislation process and ordinance effectivity

The sangguniang panlungsod must adopt or update its internal rules of procedure on the first regular session after election and within ninety (90) days thereafter. Section 11.
The internal rules must provide for the organization of the sanggunian and election of its officers; creation and jurisdiction of standing committees (including appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives); general jurisdiction of each committee; and election of chair and members. Section 11.
The internal rules must provide for the order and calendar of business for each session, legislative process, parliamentary procedures and conduct during sessions, and discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions. Section 11.
For discipline under the internal rules, sanctions include censure/reprimand/exclusion from session, suspension for not more than sixty (60) days, or expulsion, with suspension/expulsion requiring concurrence of at least two-thirds (2/3) vote of all sanggunian members. Section 11.
A member convicted by final judgment to imprisonment of at least one (1) year for a crime involving moral turpitude is automatically expelled. Section 11.

Financial disclosure of sangguniang members

Every sangguniang panlungsod member must make a full disclosure of business and financial interest upon assumption to office. Section 12.
Each member must disclose any business/financial/professional relationship or relation by affinity or consanguinity within the fourth civil degree with a person/firm/entity affected by an ordinance or resolution under consideration where conflict of interest may arise. Section 12.
Disclosed relationships include ownership of stock/capital/investment in the affected entity and contracts or agreements with persons/entities affected by the ordinance or resolution. Section 12.
Conflict of interest is defined to generally cover situations where it can be reasonably deduced that a member may not act in the public interest due to private, pecuniary, or other personal considerations affecting judgment to the prejudice of service or the public. Section 12.
The disclosure must be made in writing and submitted to the secretary of the sangguniang or the secretary of the committee. Section 12.
Disclosure becomes part of the record of proceedings. Section 12.
Disclosure must be made before the member participates in deliberations on the ordinance/resolution; if the member did not participate in deliberations, disclosure must be made before voting on the ordinance or resolution on second and third readings. Section 12.
Disclosure must be made when a member takes a position or makes a privilege speech on a matter that may affect business interest, financial connection, or professional relationship. Section 12.

Sessions, quorum, voting, and publication

The sangguniang panlungsod fixes by resolution the day, time, and place of its regular sessions on the first day of the session immediately following election. Section 13.
Regular sessions have a minimum frequency of once a week for the sangguniang panlungsod. Section 13.
Special sessions may be called when public interest so demands by the city mayor or by a majority of sangguniang panlungsod members. Section 13.
Sanggunian sessions are open to the public unless a closed-door session is ordered by an affirmative vote of a majority of members present, with quorum, in the public interest or for security/decency/morality reasons. Section 13.
No two (2) sessions, regular or special, may be held in a single day. Section 13.
For special sessions, a written notice must be served personally to members at their usual place of residence at least twenty-four (24) hours before the special session. Section 13.
Unless otherwise concurred in by a two-thirds (2/3) vote of members present with quorum, a special session may consider only matters stated in the notice. Section 13.
The sangguniang panlungsod keeps a journal and record of proceedings and may publish them upon resolution. Section 13.
A quorum consists of a majority of all elected and qualified members. Section 14.
If quorum is questioned, the presiding officer must call the roll and announce results. Section 14.
If there is no quorum, the presiding officer may declare a recess until quorum exists or members present may adjourn from day to day and may compel attendance by designating a member assisted by police assigned in the City territorial jurisdiction to arrest the absent member and present him. Section 14.
If there is still no quorum despite enforcement, no business is transacted and the presiding officer shall adjourn for lack of quorum upon proper motion duly approved by members present. Section 14.

Ordinance approval, veto, and barangay review

Every ordinance enacted by the sangguniang panlungsod is presented to the city mayor. Section 15.
If the city mayor approves, he signs each and every page; if disapproved, he vetoes and returns the ordinance with objections to the sangguniang panlungsod for consideration. Section 15.
The sangguniang panlungsod may override the veto by a two-thirds (2/3) vote of all its members to make the ordinance or resolution effective. Section 15.
The veto must be communicated to the sangguniang panlungsod within ten (10) days; otherwise, the ordinance is deemed approved as if signed. Section 15.
The city mayor may veto any ordinance on grounds it is ultra vires or prejudicial to public welfare, stating reasons in writing. Section 16.
The city mayor may veto particular item(s) in: (a) appropriations ordinance or resolution adopting a local development plan and public investment program, or (b) an ordinance directing the payment of money or creating liability. Section 16.
A partial veto does not affect items not objected to; vetoed items do not take effect unless overridden; otherwise, corresponding items in the previous year’s appropriations ordinance are deemed reenacted. Section 16.
The city mayor may vote an ordinance or resolution only once, and the sangguniang panlungsod may override the veto by two-thirds (2/3) vote of all members to make the ordinance effective even without city mayor approval. Section 16.
The sangguniang barangay must furnish copies of all barangay ordinances to the sangguniang panlungsod within ten (10) days after enactment for review for consistency with law and city ordinances. Section 17.
If the sangguniang panlungsod fails to act within thirty (30) days from receipt, the barangay ordinance is deemed approved. Section 17.
If the sangguniang panlungsod finds a barangay ordinance inconsistent with law or city ordinances, it must return it within thirty (30) days from receipt with comments and recommendations for adjustment/amendment/modification. Section 17.
The effectivity of a disapproved barangay ordinance is suspended until revisions called for are effected. Section 17.
Any attempt to enforce any ordinance or a resolution approving the local development plan and public investment program after disapproval is a sufficient ground for suspension or dismissal of the official or employee concerned. Section 18.
Unless otherwise stated, ordinances or resolutions approving the local development plan and public investment program take effect after ten (10) days from posting on a bulletin board at the entrance of Ilagan City Hall and in at least two (2) other conspicuous places in the City. Section 19.
The secretary to the sangguniang panlungsod posts the ordinance/resolution no later than five (5) days after approval, and records the posting in a book stating dates of approval and posting. Section 19.
The posted text must be disseminated and posted in Filipino or English and in the language or dialect understood by a majority of the people in the City. Section 19.
Main features are also published once in a local newspaper of general circulation; if none, publication is in any newspaper of general circulation. Section 19.
The gist of all ordinances with penal sanctions must also be published in a newspaper of general circulation. Section 19.

Elective disqualifications and succession

The following are disqualified from running for any elective position in the City: persons sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by at least one (1) year within two (2) years after serving sentence; those removed from office due to an administrative case; those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines; those with dual citizenship; fugitives from justice in criminal or nonpolitical cases here and abroad; permanent residents in a foreign country or those who acquired the right to reside abroad and continue to avail of that right after the effectivity of the Local Government Code; and the insane or feeble-minded. Section 20.
If a permanent vacancy occurs in the office of the city mayor, the concerned city vice mayor becomes city mayor. Section 21.
If a permanent vacancy occurs in the office of the vice mayor, the highest ranking sangguniang panlungsod member (or, if permanently incapacitated, the second highest ranking member) becomes city mayor or vice mayor as the case may be. Section 21.
Subsequent vacancies in those offices are filled automatically by other sanggunian members according to ranking as defined. Section 21.
Ranking ties among the highest ranking sanggunian members are resolved by drawing of lots. Section 21.
Successors serve only the unexpired terms of their predecessors. Section 21.
A permanent vacancy exists when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to perform the office functions. Section 21.
For succession ranking, sanggunian ranking is determined by the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election. Section 21.
Permanent vacancies in the sangguniang panlungsod where automatic succession does not apply are filled by appointment. Section 22.
The President, through the Executive Secretary, makes the appointment. Section 22.
Only the nominee of the political party under which the sanggunian member concerned was