Title
Charter converting Escalante into a city
Law
Republic Act No. 8754
Decision Date
Nov 4, 1999
The Charter of the City of Malolos establishes the governance and jurisdiction of the city, ensuring continuity in the administration, allowing residents to participate in provincial elections, and maintaining its position within the first congressional district of Bulacan Province, while also imposing a five-year freeze on local tax increases and incorporating existing laws as long as they do not contradict the provisions of the charter.
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Corporate and General Powers of the City

  • The city is a political body corporate with perpetual succession and powers typical of municipal corporations.
  • Powers include suing and being sued, entering contracts, acquiring properties, levying taxes, managing city properties, expropriating private property, and exercising other powers under law.
  • The city has a common seal and authority to exercise police powers within territorial limits, including extending jurisdiction for water supply protection.
  • City officials are liable for damages caused by death, injury, or property damage.

Composition and Appointment of City Officials

  • City officials include the mayor, vice mayor, sangguniang panlungsod members, secretaries, treasurer, assessor, accountant, engineer, health officer, legal officer, social welfare officer, cooperatives officer, and others.
  • Additional officials such as city architect, information officer, and population officer may be appointed by the city mayor.
  • Appointments are made by the mayor with the consent of the sangguniang panlungsod, in accordance with civil service laws.

Powers and Duties of the City Mayor

  • The mayor is the chief executive, elected at large with qualifications including age, residency, and voter status.
  • Holds office for 3 years with salary as prescribed by law.
  • Duties include policy formulation, government program direction, budget proposal, appointments, representation of the city, emergency powers, enforcement of laws, and supervision of all city operations.
  • Specific powers include issuing executive orders, solemnizing marriages, coordinating disaster response, authorizing payments for official medical care, and overseeing resource generation.

Powers and Duties of the City Vice Mayor

  • The vice mayor is elected similarly to the mayor and presides over sangguniang panlungsod sessions.
  • Receives compensation prescribed by law and assumes mayoral duties during temporary or permanent vacancies.
  • Powers include appointments within the legislative body and performing duties as delegated by law.

Sangguniang Panlungsod (City Council): Composition and Functions

  • Composed of the vice mayor as presiding officer, 10 regular members, presidents of barangay and youth federations, and sectoral representatives.
  • Legislative powers include approving ordinances, resolutions, taxation, budgeting, regulation of businesses and environmental protection.
  • Enacts measures for peace and order, environmental conservation, public welfare, licensing, taxation, and infrastructure management.
  • Can grant franchises and establish local policies to promote the general welfare.

Legislative Procedures and Transparency

  • The sangguniang panlungsod must adopt internal rules for organization, sessions, procedures, discipline, and legislative processes.
  • Members must disclose financial and business interests to prevent conflict of interest before participating in deliberations or voting.
  • Sessions are public unless closed by majority vote for security or morality reasons; special sessions are limited to notified topics.

Approval and Review of Ordinances

  • Ordinances must be presented to the mayor for approval or veto.
  • The mayor can veto ordinances or specific budget items, with the sangguniang panlungsod able to override by two-thirds vote.
  • Approved ordinances are reviewed by the provincial sangguniang panlalawigan for validity.
  • Barangay ordinances are likewise subject to city council review for consistency with law and city ordinances.

Disqualifications and Succession of Elective Officials

  • Disqualifications include conviction for moral turpitude, administrative removal, dual citizenship, fugitive status, permanent foreign residency, and mental incapacity.
  • Permanent vacancies in the mayor or vice mayor positions are filled by automatic succession by the vice mayor or ranking sangguniang panlungsod members.
  • Vacancies in sangguniang panlungsod members are filled by appointment from the political party of the outgoing member or by automatic succession for youth and barangay representatives.
  • Temporary incapacity of the mayor delegates functions to the vice mayor, with limits on appointment powers during such period.

Qualifications, Powers, and Duties of Appointive City Officials

  • Detailed qualifications include citizenship, residency, moral character, educational attainment (often first grade civil service eligibility), and relevant work experience.
  • Positions covered include secretary of the sangguniang panlungsod, city treasurer and assistant, city assessor and assistant, city accountant, budget officer, planning coordinator, engineer, health officer, civil registrar, city administrator, legal officer, social welfare officer, veterinarian, general services officer, environment and natural resources officer, city architect, information officer, cooperatives officer, population officer, and agriculturist.
  • Duties encompass administrative, financial, legal, planning, health, social welfare, veterinary, environmental management, engineering, architectural, and public information and cooperative development functions.
  • Each official provides technical assistance, policy formulation, program implementation, and representation in their respective fields, with additional disaster response roles.

City Fire, Jail, School Division, and Prosecution Services

  • A fire station with a city fire marshal is established per national standards for fire protection and emergency services.
  • The city jail is mandated to be secure, sanitary, and staffed by qualified personnel to uphold prisoner welfare and human rights.
  • The Department of Education, Culture and Sports establishes a city school division headed by a qualified superintendent.
  • The city prosecution service, under the Department of Justice, handles criminal prosecution within city jurisdiction and ensures legal services.

Transitory and Final Provisions

  • Existing municipal ordinances remain operative until modified by city ordinances.
  • The city’s corporate existence is contingent upon ratification by local plebiscite.
  • Current municipal officials and employees serve until successors are elected or appointed and absorbed into the city government.
  • The city succeeds to all municipal assets, liabilities, and obligations.
  • City voters participate in provincial elections and the city remains under provincial jurisdiction.
  • No increase of local taxes is allowed for five years after cityhood.
  • The city remains part of the province’s first congressional district unless changed by law.
  • Applicable laws include the Local Government Code and component city laws, unless inconsistent with this Act.
  • Provisions include a separability clause, reservation of jurisdiction over boundary disputes, repeal of inconsistent laws, and effectivity upon publication in newspapers.

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