Corporate Existence and Powers
- The city is a political body corporate with perpetual succession.
- It may manage property, enter contracts, sue and be sued, and exercise powers per the Charter.
City Seal and Property
- City has a common seal, modifiable at the city's discretion.
- It can hold, lease, convey property, and condemn private property for public use.
Immunity from Liability
- The city is not liable for injuries or damages arising from failures or negligence by city officials enforcing laws or ordinances.
Police Jurisdiction
- Police jurisdiction covers the city territory plus three miles into Panguil Bay.
- Jurisdiction extends over water supply drainage areas and 100 meters around water supply infrastructure.
Executive Leadership: The Mayor
- Mayor is chief executive, elected every four years by city voters.
- Salary capped at 4,000 pesos annually with a possible non-commutable allowance of up to 2,000 pesos.
- Acting Mayor duties undertaken by City Treasurer or City Engineer; President can appoint if necessary.
- Mayor exercises broad executive control over departments, enforcement of laws, property safeguarding, tax collection, legal actions, administration, budget submission, and emergency measures.
Mayor's Secretary
- Appointed by Mayor, serves at pleasure, compensated up to 1,800 pesos annually.
- Custodian of records, official documents, attests ordinances and executive documents.
- Provides certified copies of public records charging a fee.
Legislative Authority: Municipal Board
- Composed of Mayor (presiding officer), City Treasurer, City Engineer, and five elected councilors.
- Temporary substitutes can be appointed by the President.
- Members must be qualified electors, residents for at least one year, aged 23 or older.
- Members receive 10 pesos per day of session attendance.
Secretary of the Municipal Board
- Appointed by the Board for its term; compensated up to 1,800 pesos annually.
- Maintains records, affixes seal to ordinances, ensures publication, and furnishes copies upon request.
Board Operations and Ordinance Procedures
- Holds weekly ordinary sessions; extraordinary sessions called by Mayor.
- Five members constitute a quorum; five affirmative votes needed for ordinances involving payments.
- Ordinances posted publicly and take effect after 10 days unless vetoed.
- Mayor has veto power including item veto on appropriation ordinances.
- Secretary of the Interior may disapprove ordinances beyond Board powers.
Legislative Powers and Responsibilities
- Levy taxes subject to limits, make appropriations, fix official numbers and salaries.
- Provide free medicines and other charitable distributions.
- Regulate fees, license various trades, establish public services like police, fire, schools, markets, and health measures.
- Control public order, morals, and nuisances with penalty provisions.
- Regulate public infrastructure, utilities, and safety measures.
Restrictions on Commercial Displays
- Commercial signs or billboards on public lands/buildings are prohibited if offensive or nuisance.
- Mayor may order removal, and failure leads to forfeiture and cost charges to owners.
City Departments and Management
- Finance, Engineering, Law, Police, Fire departments established.
- Mayor supervises; Municipal Board may adjust or consolidate departments.
Department Heads
- Control respective departments; certify pay rolls; prepare budget estimates.
- Deputies act during absence with signing authority.
Appointment of City Officials
- President appoints key officials (e.g., judges, treasurer, engineer, attorneys) holding office at pleasure.
- Mayor appoints other employees under Civil Service Law.
Conflict of Interest Restrictions
- City officers prohibited from city business transactions, purchasing city property, surety on city contracts, or official bonds.
Finance Department
- City Treasurer serves as fiscal officer, collects taxes, fees, rents, and disburses city funds.
- Accountable for all city funds and property.
Engineering Department
- City Engineer supervises surveying, public works, inspections, maintenance of public properties, waterworks, and safety enforcement.
- Public works contracts awarded to lowest bidder except under special conditions.
Law Department
- City Attorney is chief legal adviser, handles civil litigation, contracts, prosecution of crimes, investigations, and legal opinions.
Police Department
- Chief of Police oversees law enforcement, riot control, arrests, serving court processes, and manages city prison.
- Peace officers have authority to arrest without warrant under specific conditions.
- Mayor may swear in special police during public emergencies.
Fire Department
- Chief of Fire Department manages fire-fighting apparatus, fire prevention, investigations, and building inspections.
Assessment Department
- City Assessor responsible for tax assessment, making lists of taxable properties, conducting inspections, and valuing property.
- Certain properties exempt from taxation (e.g., government-owned lands, small properties, machinery for certain periods).
Taxation on Real Estate
- Ad valorem tax up to 2%, payable annually or in two installments.
- Penalties for delinquency accrue monthly capped at 24%.
- Provisions for remission or extension for calamities.
- Procedures for seizure and sale of personal and real property for delinquent taxes.
- Rights of redemption before seizure, sale, or after sale provided.
- Legal procedures for tax assessment, collections, and tax sale challenges.
Special Assessments for Public Improvements
- Municipal Board empowered to levy special assessments, not exceeding 60% of improvement costs, on benefited properties.
- Ordinance requirements include description, cost, affected district, and payment period.
- Public notices, hearings, protests, and appeal procedures established.
- Special assessments collected like regular taxes, forming liens on property.
City Budget
- Annual budget prepared by City Treasurer and Mayor, submitted to Municipal Board.
- Supplemental budgets allowed under special circumstances.
- Continuation of prior year's appropriations if new budget not enacted timely.
Municipal Court
- Municipal court with municipal judge and auxiliary judge appointed.
- Jurisdiction over specific civil and criminal matters including preliminary investigations.
- Powers to issue writs, punish contempt, and administer oaths.
- Procedures for prosecutions, appeals to Court of First Instance, and management of costs and fines.
Additional City Bureaus
- Auditor General audits city accounts.
- Purchasing Agent procures city supplies.
- Education administered by Director of Public Schools, with city school board oversight.
- City Health Officer oversees public health, enforces health laws, conducts inspections, and maintains civil health records.
Transitory Provisions
- City government organized upon election of Mayor and Municipal Board.
- Pending elections, appointments made by President with Commission consent.
- City remains part of Misamis Occidental representative district until changed by law.
Effectivity
- The Act takes effect upon approval by the proper authorities.