Title
Charter of the City of Pagadian
Law
Republic Act No. 5478
Decision Date
Jun 21, 1969
The Charter of the City of Pagadian outlines the rules and regulations governing the city, including provisions on costs and fees in the City Court, confinement of prisoners, appeals, auditing, registration of properties, operation of utilities, and the transition from municipality to city status.

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.

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