Corporate and police jurisdiction powers
- The City has corporate powers including continuous succession in its corporate name, power to sue and be sued, to have and use a corporate seal, and power to acquire and convey real or personal property.
- The City may enter into contracts, and exercise other corporate powers granted to corporations, subject to limitations under this Act and other laws.
- The City shall have a common seal and may alter it at pleasure.
- The City may levy taxes and close roads, streets, alleys, parks or squares, and may condemn private property for public use.
- City police jurisdiction for police purposes is coextensive with the City’s territorial jurisdiction.
- For water-supply protection, police jurisdiction extends to all territory within the drainage area of the City’s water supply, and to all territory within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water service.
- The City Court has concurrent jurisdiction with courts of adjoining cities/municipalities to try crimes and misdemeanors committed within the drainage area or within the one hundred meters (100 m.) spaces connected with the water supply; jurisdiction belongs to the court first taking cognizance.
- The police forces of the concerned cities and municipalities have concurrent jurisdiction with the City police force for maintenance of good order and enforcement of ordinances throughout the water protection zone.
- Any license issued within the zone must be granted by the proper authorities of the city/municipality concerned, and license fees accrue to that city/municipality treasury, not to the City of Marikina.
Liability for damages
- The City and its officials are not exempt from liability for death or injury to person or damage to property.
City officials and appointments
- The City government includes the following officials: city mayor, vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city prosecutor, 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 trade and industry officer, city schools division superintendent, city veterinarian, city social welfare and development officer, and city general services officer.
- The city mayor may appoint city architect, city information officer, city population officer, city environment and natural resources officer, and city cooperatives officer.
- The City may maintain existing offices not mentioned in the Charter provisions, create other offices necessary to carry out City purposes, or consolidate functions of any office for efficiency and economy.
- Unless otherwise provided, all appointive city officials are appointed by the city mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service law, rules and regulations.
Mayor and vice mayor powers
- The city mayor is the chief executive and is elected at large by qualified voters of the City.
- A mayoral candidate must be at least twenty-three (23) years of age, an actual resident of the City for at least one (1) year prior to election, and a qualified voter.
- The city mayor holds office for three (3) years, unless sooner removed.
- The city mayor receives a minimum monthly compensation corresponding to Salary Grade Thirty (30) under Republic Act No. 6758 and its implementing guidelines.
- The city mayor performs functions including:
- Setting guidelines of city policies and being responsible to the sangguniang panlungsod for the program of government.
- Directing formulation of the city development plan with the city development council, and implementing it upon approval by the sangguniang panlungsod.
- Presenting the program of government and proposing policies and projects to the sangguniang panlungsod during the opening of the regular session every calendar year and as needed.
- Initiating and proposing legislative measures, and providing information and data requested by the sanggunian.
- Appointing officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided in the Charter, and appointing those the mayor is authorized by law to appoint.
- Representing the City in business transactions and signing bonds, contracts, obligations, and other documents, upon authority of the sangguniang panlungsod or pursuant to law or ordinance.
- Carrying out emergency measures during and after man-made and natural disasters and calamities.
- Determining the time, manner, and place of payment of salaries and wages in accordance with law or ordinance.
- Allocating office space in City hall and other City-owned or leased buildings for officials entitled by law or ordinance.
- Ensuring faithful discharge by executive officials and employees, and causing administrative or judicial proceedings against officials/employees who commit offenses in official duties.
- Examining books, records, and documents of City offices and requiring national officials/employees stationed in the City to make documents available, except those classified by law as confidential.
- Furnishing copies of executive orders to council chairmen within seventy-two (72) hours after issuance.
- Visiting component barangays at least once every six (6) months to deepen understanding, listen and counsel local officials and inhabitants, and improve governance.
- Acting on leave applications and commutation of leave credits in accordance with law.
- Authorizing official trips outside the City for up to thirty (30) days.
- Calling on national officials/employees stationed or assigned to advise on City matters and coordinate in plans/projects; initiating administrative or judicial actions against such national officials/employees for offenses committed in performance of duties.
- Authorizing payment for medical care and related expenses for officials/employees injured in performance of official duties, subject to available funds.
- Solemnizing marriages notwithstanding contrary provisions of law.
- Conducting an annual palarong panlungsod, featuring traditional sports and disciplines included in national and international games, in coordination with Department of Education, Culture and Sports.
- Submitting to metropolitan authority council chairmen and to the Office of the President an annual report and supplemental reports for unexpected events and situations, especially man-made or natural disasters or calamities affecting the general welfare.
- The mayor enforces laws and ordinances and performs governance functions including:
- Ensuring barangay and City officials act within their powers and functions.
- Issuing executive orders for faithful enforcement/execution of laws and ordinances.
- Being entitled to carry the necessary firearm within territorial jurisdiction.
- Acting as the deputized representative of the National Police Commission, formulating the City peace and order plan and implementing it upon approval; exercising general and operational control and supervision over local police forces in accordance with Republic Act No. 6975.
- Calling law enforcement agencies to suppress disorder, riot, lawless violence, rebellion, or sedition, or to apprehend violators when public interest requires and City police forces are inadequate.
- The mayor must maximize generation of resources and revenues, including:
- Requiring heads of offices to prepare and submit estimate of appropriations for the ensuing calendar year under the budget preparation process under the Local Government Code of 1991.
- Preparing and submitting to the sanggunian for approval the executive and supplemental budgets for the ensuing calendar year under the Local Government Code.
- Ensuring collections of all taxes and revenues and applying City funds for payment of expenses and settlement of obligations according to law or ordinance.
- Issuing licenses and permits and suspending or revoking them for violations of conditions of issuance under law or ordinance.
- Issuing permits for charitable or welfare activities excluding prohibited games of chance or shows contrary to law, public policy, and public morals.
- Requiring owners of illegally constructed houses, buildings, or structures to obtain permits subject to fines and penalties, make necessary changes, or order demolition/removal within the period prescribed by law or ordinance.
- The city vice mayor is elected in the same manner as the city mayor and must meet the same qualifications.
- The vice mayor holds office for three (3) years, unless sooner removed, and receives monthly compensation corresponding to Salary Grade Twenty-eight (28) under Republic Act No. 6758.
- The vice mayor serves as presiding officer of the sangguniang panlungsod and signs warrants drawn on the City treasury for expenditures appropriated for sanggunian operations.
- The vice mayor appoints sangguniang panlungsod officials and employees (subject to civil service law) except those with appointment methods specifically provided in existing laws.
- The vice mayor becomes city mayor for an unexpired term in case of permanent vacancy, and in temporary vacancy exercises the powers and performs the duties and functions of the city mayor.
Legislative body and ordinance enactment
- The sangguniang panlungsod is the City’s 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 na pederasyon ng mga sangguniang kabataan, and
- sectoral representatives.
- There are three (3) sectoral representatives: one (1) from women, and two (2) determined by the sangguniang panlungsod within ninety (90) days prior to local elections: one (1) from agricultural or industrial workers and one (1) from other sectors, including urban poor, indigenous cultural communities, and disabled persons.
- Regular members and sectoral representatives are elected as provided by law, and elective members must possess the same qualifications as the city mayor and vice mayor.
- Regular compensation and emoluments for the sangguniang panlungsod are set by law.
- The sangguniang panlungsod:
- Approves ordinances and passes resolutions necessary for efficient and effective City government.
- Reviews barangay ordinances and executive orders to determine consistency with law and city ordinances.
- Maintains peace and order by enacting measures preventing and suppressing lawlessness, disorder, riot, violence, rebellion, or sedition, and imposes penalties for ordinance violations.
- Approves ordinances imposing a fine not exceeding Five thousand pesos (P5,000) or imprisonment not exceeding one (1) year, or both at court discretion, for violations of city ordinances.
- Approves ordinances intended to prevent, suppress, and impose penalties for specific immoral, disorderly, and harmful activities enumerated in the Charter, and other inimical activities.
- Protects the environment and imposes penalties for acts endangering the environment and for activities resulting in pollution acceleration or eutrophication of creeks and streams or ecological imbalance.
- Determines powers and duties of City officials and employees subject to the Local Government Code and pertinent laws.
- Determines positions, salaries, wages, allowances, and other emoluments and benefits of officials and employees paid wholly or mainly from City funds.
- Provides mechanisms and funds to ensure safety and protection of City property and public documents/records such as inventory, land ownership records, birth/marriage/death assessments/taxation records, business permits, accounts, and other public-interest records.
- Provides legal assistance to barangay officials who must initiate or defend judicial proceedings in official performance.
- Provides for group or additional insurance coverage for barangay officials and barangay tanod brigades when City finances allow.
- The sangguniang panlungsod enacts fiscal and development measures including:
- Approving annual and supplemental budgets and appropriating funds for City programs, projects, services, and activities.
- Enacting tax ordinances (rates for general and specific purposes) and granting tax exemptions, incentives, or reliefs, subject to Book II of the Local Government Code and applicable laws and subject to majority vote of all members.
- Authorizing the mayor to negotiate and contract loans and other indebtedness subject to Book II and applicable laws and majority vote.
- Enacting ordinances authorizing flotation of bonds or other indebtedness instruments for development projects subject to Book II and applicable laws and majority vote.
- The sangguniang panlungsod enacts land use and regulatory ordinances including:
- Prescribing reasonable limits and restraints on the use of property.
- Adopting a comprehensive land use plan.
- Reclassifying lands subject to the Local Government Code.
- Enacting integrated zoning ordinances consistent with the approved land use plan and establishing fire limits/zones, regulating construction/repair/modification within them in accordance with the Fire Code.
- Processing and approving subdivision plans for residential, commercial, or industrial purposes and other development purposes, and collecting processing fees/charges accruing entirely to the City; approval of national agencies cannot be withheld for more than thirty (30) days from receipt, and failure to act within that period is deemed approval.
- Granting tax exemptions, incentives, or reliefs to entities engaged in community growth-inducing industries with concurrence of at least two-thirds (2/3) of all members, consistent with the Local Government Code.
- The sangguniang panlungsod enacts ordinances granting/authorizing franchises, permits, and licenses for public welfare purposes, including fixing reasonable fees and charges for services rendered by the City.
- The sangguniang panlungsod may:
- Authorize and license cockpits and regulate cockfighting and commercial breeding of gamecocks, with existing rights not impaired.
- Regulate tricycle operations and grant franchises for tricycles within City jurisdiction, subject to Department of Transportation and Communications guidelines.
- Prefer cooperatives in granting franchises for authorized activities allowed by existing laws.
- The sangguniang panlungsod enacts police power, public health, sanitation, and regulatory ordinances including:
- Declaring, preventing, or abating nuisances; requiring sanitary condition of buildings/land and imposing penalties, or ordering work at the expense of owner/administrator/tenant, or requiring filling up land/premises for proper sanitation.
- Regulating disposal of clinical and other wastes from hospitals/clinics and similar establishments.
- Regulating cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, tourist guides, and transports.
- Regulating retail sale/giving away/dispensing of intoxicating malt, vino, and mixed or fermented liquors at retail outlets.
- Regulating steam boilers/heating devices and storage of inflammable and highly combustible materials.
- Regulating entertainment and amusement facilities and events, and may require suspension/suppression or prohibit certain forms to protect social and moral welfare.
- Providing for impounding stray animals, regulating keeping of animals and measures to prevent and penalize cruelty to animals.
- Regulating funeral parlors and burial/cremation of the dead subject to existing laws/rules/regulations.
- The sangguniang panlungsod enacts ordinances for basic services and facilities including:
- Tree parks, green belts, markets/slaughterhouses/animal corrals, and private markets/talipapas.
- Ferries/wharves and structures intended to accelerate productivity related to riverine activities.
- Regulation of preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption.
- Regulation of streets, public places, bus/vehicle stops and terminals, garages, conveyances for hire, stands for public vehicles, and signage/awning posts; lighting/cleaning/sprinkling of streets.
- Traffic regulation, prohibition of encroachments/obstacles, and authorization of removal when necessary.
- Establishing and maintaining a waterworks system and regulating hydrants/pumps/cisterns/reservoirs; protecting purity/quantity of water supply and extending ordinance coverage to drainage area and within one hundred meters (100 m.) of relevant water works; regulating consumption/use/wastage and charges.
- Regulating drilling/excavation for water, gas, sewer, and other pipes; regulating public drains/sewers/cesspools/tunnels; ensuring safety against hazards.
- Regulating gas mains/electric/telegraph/telephone wires and related apparatus and providing for correction/condemnation/removal when dangerous or hazardous.
- Establishing and operating vocational and technical schools subject to Department of Education, Culture and Sports approval; fixing and collecting reasonable tuition fees and charges in educational institutions supported by the City, subject to tuition-fee laws.
- Establishing a scholarship fund for poor but deserving students in schools within City jurisdiction or for residents of the City.
- Adopting quarantine regulations to prevent introduction/spread of diseases.
- Providing for solid waste disposal/garbage collection and prohibiting littering and disposal/throwing of garbage/refuse and wastes.
- Providing for care of disabled persons, paupers, aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children, needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age, and establishing centers/facilities when finances allow.
- Establishing and maintaining jails and detention centers and appropriating funds for detainee and prisoner subsistence in the City.
- Establishing a city council for culture and the arts and a city council for the elderly, with policy-making, coordination, incentives, and funding when finances allow.
- The sangguniang panlungsod also performs other duties under the Local Government Code of 1991 and laws or ordinances.
Internal rules, disclosure, sessions, quorum, veto
- The sangguniang panlungsod must adopt or update its rules of procedure on the first regular session following election and within ninety (90) days thereafter.
- The rules must provide for:
- Organization of the sanggunian and election of officers and standing committees (including committees on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives) with committee jurisdiction and election of chairmen and members.
- Order and calendar of business, legislative process, parliamentary procedures, discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions.
- Discipline rules include:
- Censure, reprimand, or exclusion from sessions, or suspension not exceeding sixty (60) days, or expulsion.
- Suspension or expulsion requires concurrence of at least two-thirds (2/3) of all sanggunian members.
- A member convicted by final judgment to imprisonment of at least one (1) year for a crime involving moral turpitude is automatically expelled.
- Every sangguniang panlungsod member must make a full disclosure of business and financial interest upon assumption to office.
- A member must also disclose business/financial/professional relationships, including relationships by affinity or consanguinity within the fourth civil degree, that may affect ordinances or resolutions pending before the member’s sanggunian.
- Disclosure covers ownership of stock/capital or investment, and contracts/agreements with persons/entities that an ordinance or resolution may affect.
- The conflict of interest concept covers situations where a member may not act in the public interest due to private pecuniary or personal considerations affecting judgment to the prejudice of service or the public.
- Disclosures must be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee, and must form part of the record of proceedings.
- Disclosure timing must be:
- Before the member participates in deliberations on the ordinance or resolution; or
- If the member did not participate in deliberations, before voting on second and third readings; and
- When the member takes a position or makes a privilege speech on a matter affecting the disclosed business interest/financial connection/professional relationship.
- The sangguniang panlungsod fixes the day, time, and place of regular sessions by resolution on the first day of the session immediately after election.
- Regular sessions must have a minimum frequency of once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay.
- Special sessions may be called by the city mayor or by a majority of sanggunian members when public interest so demands.
- All sanggunian sessions are open to the public unless a closed-door session is ordered by affirmative vote of a majority of members present, with quorum, for public interest or reasons of security, decency, or morality.
- No two (2) sessions, regular or special, may be held in a single day.
- For special sessions, written notice must be personally served at each member’s residence at least twenty-four (24) hours before the session.
- At special sessions, no other matter may be considered unless stated in the notice, unless there is concurrence by two-thirds (2/3) vote of all members present with quorum.
- The sanggunian keeps a journal and records of its proceedings, which may be published by resolution.
- Quorum is constituted by a majority of all elected and qualified members.
- If quorum is questioned, the presiding officer must call the roll and announce results.
- Where there is no quorum, the presiding officer may declare a recess until quorum is constituted, or members present may adjourn day-to-day and may compel immediate attendance by designating a member assisted by assigned police force to arrest the absent member and present him.
- If still no quorum after enforcement, no business is transacted; upon proper motion approved by members present, the presiding officer declares the session adjourned for lack of quorum.
- Ordinances enacted must be presented to the city mayor.
- If approved, the mayor signs each and every page; if not, the mayor vetoes and returns the ordinance with objections for reconsideration.
- The sangguniang panlungsod may override the veto by two-thirds (2/3) vote of all its members to make the ordinance effective for all legal intents and purposes.
- The city mayor must communicate veto within ten (10) days; otherwise, the ordinance is deemed approved as if signed.
- The city mayor may veto an ordinance for being ultra vires or prejudicial to public welfare, stating reasons in writing.
- The city mayor may veto particular items in:
- an appropriations ordinance,
- an ordinance adopting a local development plan and public investment program,
- an ordinance directing payment of money or creating liability.
- Item veto does not affect non-objected items; vetoed items do not take effect unless overridden by two-thirds (2/3) vote.
- If not overridden, appropriations items in the previous year corresponding to vetoed items are deemed reenacted.
- The city mayor may veto an ordinance or resolution only once; the sanggunian may override by two-thirds (2/3) vote to make it effective even without mayor approval.
Barangay ordinances review and enforcement
- Within ten (10) days after enactment, the sangguniang barangay furnishes copies of barangay ordinances to the sangguniang panlungsod for review for consistency with law and City ordinances.
- If the sangguniang panlungsod fails to act within thirty (30) days from receipt, barangay ordinances are deemed approved.
- If the sangguniang panlungsod finds inconsistency with law or City ordinances, it must return the ordinances with comments and recommendations within thirty (30) days from receipt for adjustment, amendment, or modification.
- The effectivity of disapproved barangay ordinances is suspended until revisions called for are effected.
- Attempts to enforce ordinances or resolutions after disapproval provide sufficient ground for suspension or dismissal of the concerned official or employee.
Effectivity and posting/publication rules
- Ordinances and resolutions take effect after ten (10) days from posting when not otherwise stated in the ordinance or resolution approving the local development plan and public investment program.
- Posting must be done on a bulletin board at the entrance of the City Hall and in at least two (2) other conspicuous places in the City.
- The secretary of the sangguniang panlungsod must cause posting no later than five (5) days after approval.
- The text must be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of people in the City; the secretary records dates of approval and posting in a dedicated book.
- The main features of enacted ordinances or resolutions must be published once in a local newspaper of general circulation within the City.
- If no such local newspaper exists, publication is made in any newspaper of general circulation.
- The gist of ordinances with penal sanctions must be published in a newspaper of general circulation.
Disqualifications and succession rules
- Persons disqualified from running for any elective position in the City include those:
- sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence,
- removed from office as a result of an administrative case,
- convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines,
- with dual citizenship,
- fugitives from justice in criminal or nonpolitical cases here and abroad,
- permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code,
- who are insane or feeble-minded.
- Permanent vacancy in the City mayor position results in succession by the City vice mayor.
- Permanent vacancy in the vice mayor position results in succession by the highest ranking sangguniang panlungsod member, and if permanently incapacitated, the second highest ranking sangguniang panlungsod member.
- If there is a tie among highest ranking sangguniang panlungsod members, succession is resolved by drawing lots.
- Successors serve only the unexpired terms of their predecessors.
- A permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed, voluntarily resigns, or is otherwise permanently incapacitated to discharge functions.
- Ranking in the sanggunian for succession is determined based on 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.
- Permanent vacancies in the sangguniang panlungsod (where automatic succession does not apply) are filled by appointment:
- The President, through the Executive Secretary, makes the appointment.
- Only the nominee of the political party under which the member concerned was elected may be appointed.
- The appointee must come from the same political party and serve the unexpired term.
- A nomination and a certificate of membership from the highest official of the political party concerned are conditions sine qua non; appointments without them are null and void **ab