Law Summary
Corporate Powers and General Authority of the City
- The City functions as a political corporate body with perpetual succession.
- Powers include suing and being sued, owning property, entering contracts, and exercising corporate powers.
- Authority to levy taxes, manage public infrastructure, condemn property for public use, and enforce laws.
- Officials and the City itself may be liable for damages.
Jurisdictional Scope
- Police jurisdiction covers city territory and extended water supply drainage areas.
- City and adjoining courts and police share concurrent jurisdiction over specified areas.
- Licensing within these zones is granted by appropriate local authorities.
City Officials Structure
- Includes mayor, vice mayor, sangguniang panlungsod (city council), and multiple appointed officers responsible for various city services.
- Creation, consolidation, or maintenance of offices for efficiency allowed.
- Appointive officials appointed by the mayor with council concurrence; automatic confirmation if no action within 15 days.
Executive Branch: City Mayor
- Chief executive, elected at large, term of three years, with qualifications including residency and age.
- Duties encompass governance policy formulation, development planning, legislative initiation, appointments, emergency response, and administrative oversight.
- Powers include law enforcement, budget preparation and enforcement, revenue generation, public safety, and resource conservation.
- May solemnize marriages and conduct annual local athletic events.
- Required to submit regular reports to the provincial governor.
Executive Branch: City Vice Mayor
- Elected similar to the mayor, with qualifications and a three-year term.
- Presides over the sangguniang panlungsod, manages legislative expenditures.
- Appoints sangguniang panlungsod officials and assumes mayoral office upon vacancy.
Legislative Body: Sangguniang Panlungsod
- Composed of the vice mayor (presiding officer), elected members, barangay and youth federation presidents, and sectoral representatives.
- Has authority to enact ordinances, levy taxes, regulate businesses, approve budgets, protect public welfare, and manage land use.
- Can grant franchises, regulate public utilities, and enact city-wide regulations on various civic concerns.
- Oversees local disaster relief, environmental protection, and social welfare programs.
Legislative Procedures
- Rules of procedure establish organization, committee system, session calendar, legislative process, member discipline.
- Financial and business conflicts of interest by council members must be fully disclosed.
- Sessions are mostly public, with provisions for quorum and legislative veto override.
- Barangay ordinances are reviewed for consistency; disapproved ordinances are suspended.
Disqualifications and Succession
- Disqualifications for elective office include criminal convictions, administrative removal, dual citizenship, insanity, etc.
- Succession rules for vacancies in mayor, vice mayor, and sangguniang panlungsod members are established, with replacements from political parties or ranking members.
- Temporary incapacity of the mayor leads to vice mayor or highest-ranking council member assuming duties.
Appointive Officials: Qualifications, Duties, and Powers
- Offices include secretary to the council, treasurer, assessor, accountant, budget officer, planning coordinator, engineer, health officer, civil registrar, administrator, legal officer, agriculturist, social welfare officer, environment officer, architect, information officer, cooperatives officer, population officer, veterinarian, general services officer, tourism and cultural affairs officer.
- Common qualifications: Philippine citizenship, city residency, good moral character, relevant education, experience, and civil service eligibility.
- Duties generally include formulating and implementing plans, providing technical assistance, managing offices, and advising city officials.
City Fire Station and Jail Service
- Establishment of fire station headed by city fire marshal responsible for fire prevention and emergency services.
- Establishment of a secure and sanitary city jail headed by a warden qualified in relevant social or health disciplines.
- Emphasis on safeguarding human rights and rehabilitation.
Transitory and Final Provisions
- Existing municipal ordinances remain effective until amended by the sangguniang panlungsod.
- No increase in local tax rates or real property taxes for five years following cityhood.
- City gains corporate existence after plebiscite ratification.
- Current municipal officials continue until successors qualify.
- City inherits all municipal assets and liabilities.
- Incorporated in the existing legislative district until otherwise provided.
- Subject to the Local Government Code and relevant laws unless inconsistent.
- Provides separability clause, repeal of inconsistent laws, and effectivity upon approval.