Law Summary
Seal, Powers, and Liability
- The City has its own common seal, alterable at will.
- It may hold, lease, convey properties; contract and sue; condemn property for public use.
- Powers include all those necessary for effective municipal management; specific powers listed do not limit others implied.
- The City is not liable for damages arising from non-enforcement or negligence by city officials or employees.
Jurisdiction and Municipal Subdivisions
- Police jurisdiction covers the city territory plus three miles from the shore and areas around water supply sources.
- The City Court has concurrent jurisdiction over offenses within the water supply drainage area.
- Income from alienable and disposable public lands within the city accrues to the City.
- Barrios functioning as political subdivisions become districts; eight councilor districts are established for administrative purposes.
City Government and Elective Officers
- Elective officials: Mayor, Vice-Mayor, and eight councilors elected at large for four-year terms.
- Qualifications: Registered electors of the city, at least 25 years old, residents for five years, with restrictions on holding other offices.
- Prohibited acts for officers/employees include bribery related to appointments, embezzlement, coercion within classified service.
- Conflict of interest is prohibited in city business transactions.
- City officers and employees must devote full time to their duties unless otherwise provided.
Powers and Responsibilities of the Mayor
- Chief executive with control over city departments, subject to Presidential supervision.
- Ensures enforcement of laws and ordinances; safeguards city properties; manages tax collection.
- Initiates judicial proceedings to recover city property.
- Supervises appointments, transfers, and discipline of city employees.
- Approves emergency measures, licenses, and permits.
- Prepares city budget and submits annual reports.
- May request assistance from national police forces under specific conditions.
Vice-Mayor and City Secretary
- Vice-Mayor presides over City Board; assumes Mayor's duties in case of vacancy or incapacity.
- Successor procedures provided for vacancy scenarios.
- City Secretary appointed by Mayor manages city records, documents, and official acts.
- Secretary holds office during Mayor's term unless separated earlier.
City Board Composition, Authority, and Procedures
- Composed of Vice-Mayor (presiding officer) and eight councilors.
- Presiding officer votes only to break ties; signs ordinances and resolutions.
- Powers include legislating ordinances, appropriating funds, regulating taxation, licensing, public safety, and city utilities.
- Legislative process includes ordinance reading, publication, mayoral approval, and veto power; veto overrides require qualified majority.
- Can establish council districts, impose fees, regulate businesses, public services, and utilities.
City Departments and Administration
- Departments: Finance, Law, Engineering, Health, Police, Fire, and Assessment.
- Mayor supervises all departments; the City Council may reorganize or merge departments with Mayor’s approval.
- Department heads certify payrolls, prepare budgets, and report operations.
- Key appointees include judges, city fiscal, city engineer (appointed by President), treasurer, health officer, police/fire chiefs appointed by Mayor.
Finance Department
- City Treasurer serves as chief fiscal officer responsible for tax collection, fund custody, disbursements, and financial reporting.
- Ensures proper collection of revenues, issues receipts, and manages city property acquisitions.
Police Department
- Chief of Police manages organization, discipline, and operations including investigation of complaints.
- Powers include enforcing laws, maintaining peace, arresting offenders, supervising the jail, serving court processes.
- Deputy Chief assists and acts in absence of the Chief.
- Includes Secret Service (detective work) and Traffic Division.
- City police officers are peace officers authorized to execute court orders and maintain peace.
- The Mayor can request national police assistance and appoint special police for emergencies.
Fire Department
- Chief of Fire Department manages administration, discipline, fire fighting apparatus and fire alarm services.
- Has police powers near fires, authority to demolish property to prevent fire spread.
- Conducts fire investigations and enforcement of fire safety regulations.
Engineering Department
- City Engineer oversees surveying, public works, building supervision, care of public properties including streets, parks, docks, waterworks, and sewers.
- Reviews plans for subdivisions and building safety.
- Authority to execute public works projects independently from national agencies.
- Assistants provided as appropriated.
Law Department
- City Fiscal acts as chief legal adviser and prosecutor; represents city in civil and criminal actions.
- Issues legal opinions, investigates misconduct, prosecutes offenses, and may subpoena witnesses.
- May require medico-legal assistance for investigations.
- Assisted by clerks and assistants.
Health Department
- City Health Officer supervises public health and sanitation, enforces health laws, prosecutes violations, and maintains civil registry.
- Assisted by sanitary police and inspectors.
- Assistant health officer may be appointed and compensated by the city.
Assessment Department
- City Assessor assesses real estate and taxable personal properties, prepares assessment lists, and files exemptions.
- Properties owned by government, churches, schools, and small-valued property may be exempt.
- Ensures public access to assessment lists with processes for complaints and appeals.
- Board of Assessment Appeals hears appeals and may revise assessments.
Taxation and Special Assessments
- Annual property tax capped at 2%; additional tax for capital improvement may be imposed.
- Penalties for late payment up to 24%; payment may be in two installments.
- Provisions for seizure and sale of delinquent property; procedures for public auction and redemption.
- Tax delinquency may result in title vesting to city after two years; redemption rights provided.
- Special assessments may be levied for local public improvements benefiting specific property districts.
- Procedures include notice, opportunity for protest, hearings, and ordinance approval.
City Budget
- Annual budget prepared by Mayor based on department estimates and City Treasurer’s financial reports.
- Supplemental budgets allowed.
- Automatic reappropriation applies if new budget not enacted before fiscal year begins.
City Court
- Consists of two branches with appointed judges receiving national salaries.
- Jurisdiction akin to municipal courts with added powers.
- Clerks and employees appointed by judges; clerk also acts as city sheriff.
- Court may issue warrants, administer oaths, and punish contempts.
- Appeal procedures conform to general election laws.
Bureaus Performing Municipal Duties
- City Auditor appointed under Auditor General supervises audits.
- Register of Deeds manages property registration; initially provincial official acts in capacity.
- Superintendent of City Schools and Motor Vehicle Registrar function under national authorities with local support and funding.
Special Provisions
- Commercial signs on public property restricted; removal and forfeiture allowed.
- City entitled to share of national revenues equal to a regular province.
- City may own/operate utilities; acquisition requires available funds; rates fixed by City Board.
- City controls existing waterworks, wharves, piers.
- Transition provisions allow incumbents and employees of former Municipality of Pagadian to continue service.
- City voters participate in provincial elections; City remains provincial capital and part of existing congressional district.
- Charter provisions are severable; remaining provisions stand if parts declared unconstitutional.
- Charter takes effect upon approval.