Charter of the City of Tacloban

City powers and police coverage

The city may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interests of the city, and may condemn private property for public use (Section 4).
The city may contract and be contracted with, sue and be sued, and prosecute and defend to final judgment and execution in cases where it is a party (Section 4).
The City of Tacloban’s police jurisdiction for police purposes is coextensive with its territorial jurisdiction (Section 5).
The police jurisdiction extends ten three miles from the shore into San Juanico Strait and the Pacific Ocean, and extends over all territory within the drainage area of the city water supply, or within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service (Section 5).
The police jurisdiction extension is for protecting and insuring the purity of the city’s water supply (Section 5).

Mayor and vice-mayor governance

The Mayor is elected at large by the qualified voters of the city (Section 6).
The Mayor must be at least thirty years of age, a resident of the city at least five years prior to election, and a qualified voter (Section 6).
The first election for Mayor is held at the general election for provincial and municipal officials next following the approval of this Act (Section 6).
The Mayor holds office for four years, unless sooner removed for just cause and with due process of law (Section 6).
The Mayor’s salary is not exceeding PHP 4,000 per annum (Section 6).
With Presidential approval, the Mayor may receive a non-commutable allowance not exceeding PHP 2,000 per annum in addition to salary (Section 6).
A Vice-Mayor performs the duties of the Mayor during the Mayor’s sickness, absence, or other temporary incapacity, or during a definite vacancy until the office is filled according to law (Section 7).
If the Vice-Mayor is temporarily incapacitated or the office is vacant, the city engineer performs the duties of the Mayor, and the acting mayor has the same powers and duties as the Mayor (Section 7).
The Vice-Mayor performs other duties assigned by the Mayor or prescribed by law or ordinance, and is elected in the same manner as the Mayor with the same qualifications, receiving a salary of not exceeding PHP 1,800 per annum (Section 7).

Mayor: executive powers and functions

The Mayor has immediate control over the city’s executive and administrative functions of different departments, subject to authority and supervision of the President (Section 8).
The Mayor enforces and issues necessary orders for faithful execution of the Charter and other laws and ordinances effective within the city (Section 8).
The Mayor safeguards the city’s lands, buildings, records, moneys, credits, and other property and rights, and exercises control over city property subject to the Charter (Section 8).
The Mayor ensures collection of city taxes and revenues and application to municipal expenses according to appropriations (Section 8).
The Mayor institutes judicial proceedings to recover city property and funds wherever found, defends suits against the city, and protects city interests (Section 8).
The Mayor ensures executive officers and employees properly discharge their duties (Section 8).
The Mayor examines and inspects books, records, and papers of officers, agents, and employees under his executive supervision at least twice a year, and whenever occasion arises; the Municipal Board provides clerical or other assistance as needed (Section 8).
The Mayor provides information and recommends measures advantageous to the city (Section 8).
The Mayor represents the city in business matters and signs bonds, contracts, and obligations made in accordance with law or ordinance (Section 8).
The Mayor submits to the Municipal Board at least two months before the beginning of each fiscal year a budget of receipts and expenditures (Section 8).
The Mayor receives, hears, and decides petitions, complaints, and claims of residents concerning all classes of municipal matters of an administrative or executive character (Section 8).
The Mayor grants or refuses municipal licenses or permits and revokes them for violation of conditions, for unlawful acts protected by licenses or done in licensed premises, or for other good reasons of general interest (Section 8).
The Mayor may exempt deserving poor pupils from school fees or parts thereof, with concurrence of the division superintendent of schools (Section 8).
The Mayor takes emergency measures to avoid fires and floods and to mitigate storms and other public calamities (Section 8).
The Mayor submits an annual report to the President of the Philippines (Section 8).

Mayor’s secretary and records

The Mayor appoints one secretary who holds office at the pleasure of the Mayor (Section 9).
The secretary’s compensation is fixed by ordinance, approved by the President of the Philippines, at not exceeding PHP 1,800 per annum (Section 9).
The secretary keeps custody of city records and documents for offices where not otherwise provided, keeps the corporate seal, and affixes the seal and signature on ordinances and resolutions signed by the Mayor and on other official documents as required (Section 9).
The secretary attests executive orders, proclamations, ordinances, and resolutions signed by the Mayor (Section 9).
Upon request, the secretary furnishes certified copies of city records and documents not of a confidential character, charging twenty centavos for each one hundred words including the certificate; fees are paid directly to the City Treasurer (Section 9).

Municipal Board composition and sessions

The Municipal Board is the legislative body of the city (Section 10).
The Board consists of eight councilors, elected at large during every election for provincial and municipal officials under the Revised Election Code (Section 10).
At its first meeting each year, the Board elects a presiding officer from among themselves, who receives PHP 15 for each day of session attendance; the presiding officer votes only in case of a tie (Section 10).
The President of the Philippines may appoint a temporary substitute from the same political party when a member is sick, absent, suspended, temporarily disabled, or when needed to maintain a quorum; the substitute holds rights and duties until the regular incumbent returns (Section 10).
If a Municipal Board member is a candidate in an election, the member is disqualified from acting on election matters; the other members discharge election duties without assistance or may choose a disinterested elector to act (Section 10).
Members receive a per diem fixed by ordinance but not exceeding PHP 15 for each day of attendance (Section 10).

Municipal Board qualifications and removal

Municipal Board members are qualified electors of the city, must have been residents for at least one year, and must be at least twenty-three years of age (Section 11).
Members-elect assume office on the date fixed in the Revised Election Code until successors are elected and qualified (Section 11).
Members may be suspended or removed under the same circumstances, manner, and effect as elective provincial officers, with the relevant laws made effective for the Board (Section 11).
Vacancies are filled according to the Revised Election Code (Section 11).

Board secretary: records and fees

The Municipal Board appoints a secretary serving during the term of office of the members (Section 12).
The secretary’s compensation is fixed by ordinance, approved by the President of the Philippines, at not exceeding PHP 1,800 per annum (Section 12).
The secretary’s functions include keeping records of Board proceedings, filing documents relating thereto, recording ordinances and resolutions/motions directing payment of money or creating liability with passage dates and the publication dates of ordinances, and keeping and affixing a seal inscribed “Municipal Board - City of Tacloban” (Section 12).
The secretary presents ordinances and other official acts for signature of the presiding officer and causes ordinances to be published as provided by the Charter (Section 12).
Upon request, the secretary provides copies of public records under the seal and charges twenty centavos for each one hundred words including the certificate; fees are paid directly to the city treasurer (Section 12).
The secretary keeps offices and records open for public inspection during usual business hours, except confidential records (Section 12).

Ordinance process and veto mechanics

The Municipal Board holds one ordinary session each week on a day fixed by resolution, and may hold extraordinary sessions not exceeding thirty during any one year called by the Mayor (Section 13).
The Board sits with open doors unless otherwise ordered by an affirmative vote of five members (Section 13).
The Board determines its rules of procedure not provided in the Charter (Section 13).
Five members constitute a quorum; smaller numbers may adjourn and compel attendance of absent members by ordering the police to arrest and produce the member under penalties previously prescribed by ordinance (Section 13).
Five affirmative votes are required to pass any ordinance, or any resolution or motion directing payment of money or creating liability (Section 13).
For measures other than ordinances or money/liability resolutions or motions, the prevailing measure is by a majority vote of members present at a duly called meeting (Section 13).
The Board records ayes and nays upon the passage of ordinances and money/liability resolutions or motions, and upon request of any member for other resolutions or motions (Section 13).
Approved ordinances, resolutions, or motions are sealed, signed by the presiding officer and secretary, recorded in a book kept for the purpose, and posted by the secretary at the main entrance of the City Hall on the day following passage (Section 13).
Ordinances, resolutions, or motions take effect on and after the tenth day following passage, unless otherwise stated in the measure, or vetoed by the Mayor (Section 13).
A vetoed ordinance or measure, if repassed, takes effect ten days after the veto is overridden unless otherwise stated, or if again disapproved within the specified time (Section 13).
Ordinances and resolutions/motions directing payment or creating liability are forwarded to the Mayor for approval (Section 13).
The Mayor returns an ordinance/resolution/motion within ten days with approval or veto; non-return within ten days is deemed approval (Section 13).
A veto must be accompanied by the Mayor’s written reasons (Section 13).
The Board may again enact a vetoed ordinance/measures by affirmative votes of six members and resubmit to the Mayor; if the Mayor again fails to return it within ten days, it is deemed approved (Section 13).
If the Mayor again vetoes, the matter is forwarded forthwith to the President of the Philippines for final approval or disapproval (Section 13).
The Mayor may veto any particular item or items in an appropriation ordinance, or in an ordinance/resolution/motion directing payment or creating liability; veto does not affect non-objected items (Section 13).
Items disapproved by the Mayor do not take effect except through the specified veto override process, and if an item in an appropriation ordinance is disapproved, the corresponding item from the previous year appropriation is denied/restored unless expressly directed in the veto (Section 13).

Municipal Board powers and local legislation

The Municipal Board has legislative powers, subject to law, including the power to levy and collect taxes for general and special purposes in accordance with law, including specifically real property tax not to exceed 2% ad valorem (Section 14).
The Board makes appropriations for city government expenses (Section 14).
The Board fixes the number and salaries of officials and employees not otherwise provided for in the Act, with approval of the Department Head (Section 14).
The Board authorizes, with approval of the Department Head, free distribution of medicines to city employees and laborers whose salary or wage does not exceed 60 pesos per month or 2 pesos and 50 centavos per day; it also authorizes free distribution of fresh or evaporated native milk to indigent mothers and bread and light meals to indigent children of ten years or less, supervised and controlled directly by the Mayor (Section 14).
The Board fixes tariff of fees and charges for services rendered by the city and its departments (Section 14).
The Board provides for erection and maintenance or rental of necessary city buildings (Section 14).
The Board establishes and maintains schools as provided by law, and with approval of the Director of Public Schools fixes reasonable tuition fees (Section 14).
The Board establishes or aids vocational schools and institutions of higher learning conducted by the National Government or its subdivisions and agencies, and with approval of the Director of Public Schools fixes reasonable tuition fees (Section 14).
The Board provides for and maintains an efficient police force and enacts police ordinances aimed at confinement and reformation of vagrants, disorderly persons, mendicants, prostitutes, and persons convicted for violating city ordinances (Section 14).
The Board provides for and maintains an efficient fire force and fire equipment and regulates its management and use (Section 14).
The Board establishes fire zones, regulates building/structure kinds and construction and repair methods, and fixes fees for construction, repair, or demolition permits (Section 14).
The Board regulates lights in stables, shops, and other buildings/places and restricts permits for bonfires and issuance of firecrackers, fireworks, skyrockets, and other pyrotechnic displays, fixing permit fees (Section 14).
The Board makes regulations to protect against conflagration and prevent/mitigate famine, floods, storms, and other public calamities, and provides relief for persons suffering such events (Section 14).
The Board regulates and fixes license fees for a broad list of trades and establishments, including hawkers, peddlers (with an exception for those selling only native vegetables/fruits/foods carried personally), auctioneers, plumbers, barbers, collecting/mercantile/shipping/intelligence offices, private detective agencies, advertising agencies, beauty parlors, massagists, tattooers, jugglers, acrobats, hotels, clubs, restaurants, cafes, lodginghouses, boarding-houses, livery garages/stables, dealers in large cattle, billiard tables, laundries, cleaning and dyeing establishments, public warehouses, circuses, public vehicles, race tracks, horse races, bowling alleys, shooting galleries, merry-go-rounds, pawnshops, second-hand merchandise dealers, junk dealers, brewers, distillers/rectifiers/changers/brokers, public ferries, theaters and performances/places of amusements, and keeping/preparation/sale of specified food items and provisions (Section 14).
The Board taxes and fixes license fees on specified dealers (including those not yet subject to municipal tax) and classifies retail dealers into categories including general merchandise and specific lines such as textiles, hardware, groceries (with exclusions for perfumery), books/stationery/paper/office supplies, jewelry, slippers, arms/ammunition/sporting goods (Section 14).
The Board taxes and fixes license fees for, regulates location of, and regulates business of match factories, blacksmith shops, foundries, steam boilers, lumberyards, shipyards, storage/sale of gunpowder and other explosive or highly combustible materials, and similar establishments likely to endanger public safety; it also regulates tanneries, renderies, tallow chandleries, embalmers and funeral parlors, bone factories, and soap factories subject to health rules and regulations (Section 14).
The Board imposes tax on draft animals, animal-drawn and other vehicles, except self-propelled and motor-drawn vehicles; it exempts automobiles and trucks belonging to the National Government or to any provincial or municipal government, and automobiles and trucks not regularly kept in the city (Section 14).
The Board regulates steam engines and boilers and other motive powers other than marine or government powers, provides for inspection and a reasonable fee for inspection, and fixes fees for licenses of engineers operating them (Section 14).
The Board enacts ordinances for maintenance and preservation of peace and good morals (Section 14).
The Board regulates and fixes license fees for keeping dogs, authorizes impounding and destruction when running at large contrary to ordinances, and taxes/regulates keeping or training of fighting cocks (Section 14).
The Board establishes municipal pounds, regulates restrains and prohibits domestic animals running at large, provides for distraining/impounding/sale for penalties and cost, and imposes penalties on owners for violations of animal-related ordinances (Section 14).
The Board prohibits and provides punishment for cruelty to animals (Section 14).
The Board regulates inspection, weighing, and measuring of brick, lumber, coal, and other merchandise (Section 14).
The Board regulates and fixes the license for dance halls, cabarets, and cockpits (Section 14).
Subject to existing laws, the Board regulates laying out, construction, improvement, and use of streets and public places, lighting/cleaning/sprinkling, permits for processions and display of signs/flags/banners/placards/advertisements/hand tolls, placement/removal of obstacles and offensive matter, inspections and regulation of openings for utilities (gas, water, sewer, pipes, tunnels, sewers, drains), regulation of cross-walks/curbs/gutters, naming streets and numbering houses and lots, regulating traffic and sales upon streets and public places, abatement of nuisances and punishment of authors/owners, and construction/maintenance/use of bridges, viaducts, and culverts (Section 14).
The Board may prohibit or regulate ball playing, kite flying, hoop rolling, and other amusements annoying persons or frightening horses/animals; regulate speed of horses/animals and motor/other vehicles; regulate locating/constructing/laying tracks of electric and other railroads authorized by law; regulate and change railroads’ location/grade/crossings and require raising/lowering of tracks; require railroad companies to fence property and construct/repair ditches/drains/sewers/canals so natural street drainage is not obstructed (Section 14).
Subject to existing laws, the Board provides for construction/maintenance and regulates navigation on canals and water courses within the city, and for clearing/purification; it regulates public and private landing places/wharves/piers/docks/levees, and regulates drainage and filling of private premises when necessary to enforce sanitary rules (Section 14).
Subject to the Public Service Law, the Board fixes charges for watercraft landing at or using city-owned/operated/managed/controlled public wharves, docks, levees, or landing places (Section 14).
The Board provides for maintenance of waterworks supplying city inhabitants, purification of water source and passage places, regulation of consumption and use, and fixes rents therefor subject to the Public Service Law; it regulates construction/repair/use of hydrants, pumps, cisterns, and reservoirs (Section 14).
The Board establishes and maintains public drains, sewers, latrines, and cesspools, and regulates their use (Section 14).
Subject to health rules and regulations by the Director of Health in accordance with law, the Board establishes/maintains/regulates and fixes fees for public stables, laundries and baths, and public markets, and prohibits operation of public markets by persons/entities/associations/corporations other than the city within city limits (Section 14).
The Board may establish or authorize slaughterhouses, provide for veterinary or sanitary inspection, regulate their use, and charge reasonable slaughter fees; it charges no fees for veterinary or sanitary inspection of meat from large cattle or other domestic animals slaughtered outside the city when inspection occurred at the place where the animals were slaughtered (Section 14).
The Board regulates to prevent discrimination or exclusion of any race in any public institution, establishment, or service within city limits, and regulates inspection of gas, electric, telephone, and street-railway conduits/mains/meters/apparatus, including condemnation/substitution/removal of defective or dangerous equipment (Section 14).
The Board provides for enforcement of Director of Health rules and prescribes penalties by ordinance for violations of such rules and regulations (Section 14).
The Board provides that owners/agents/tenants keep buildings/premises sanitary and, if they fail after sixty days from written notice, the Board assesses the cost against the owner up to 60% of the assessed value, which cost constitutes a lien on the property (Section 14).
The Board may fix license fees for use of property on or near public ways/grounds/places for display of electric signs or erection/maintenance of billboards or structures for posters/signs or pictorial/reading matter, except signs displayed at the place(s) where the advertised profession/business is conducted wholly or partly (Section 14).
The Board has water-extension authority over all waters within the city, boats or floating structures, and over territory within the drainage area of the city water supply and within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with city water service, for protecting/insuring water purity (Section 14).
The Board taxes, fixes license fees, regulates sale/trading/disposal of alcoholic or malt beverages, wines, and mixed or fermented liquor including tuba, basi, tapuy, offered for retail sale (Section 14).
The Board may regulate any other business/occupation not specifically mentioned and impose a license fee on persons engaged in it or who enjoy privileges in the city (Section 14).
The Board grants fishing and fishery privileges subject to the Fisheries Act (Section 14).
The Board fixes the date of a fiesta in the city not oftener than once a year and may alter it not oftener than once in three years (Section 14).
The Board enacts ordinances for sanitation and safety, the prosperity and promotion of morality, peace, good order, comfort, convenience, and general welfare, and fixes penalties for ordinance violations not exceeding a PHP 200 fine or six months’ imprisonment, or both, for a single offense (Section 14).

Restrictions on commercial signs

No commercial sign, signboard, or billboard may be erected or displayed on public lands, premises, or buildings (Section 15).
If, after due investigation and after giving owners an opportunity to be heard, the Mayor determines that a sign/signboard/billboard is offensive to the sight or otherwise a nuisance, the Mayor may order removal (Section 15).
If not removed within ten days from the Mayor’s removal order, the Mayor may cause removal, and the sign/signboard/billboard is forfeited to the city (Section 15).
The expenses incident to removal are a lawful charge against the person or property liable for creation or display of the sign (Section 15).

Departments: structure and general control

The city has departments: finance, law, engineering, health, police, fire, and assessment (Section 16).
The Mayor has general supervisory control over all city departments unless otherwise provided by law (Section 16).
The Municipal Board may readjust duties of departments as the public interest demands, and with the approval of the President may consolidate departments/divisions/offices with other departments/divisions/offices (Section 16).

Department heads: authority, certificates, payrolls

Each department head controls the department and has powers prescribed by the Charter or ordinance (Section 17).
Each department head must certify the correctness of payrolls and vouchers of the department covering payment of money before payment, except where expressly provided otherwise (Section 17).
At least four months before the beginning of each fiscal year, each department head prepares and presents to the Mayor an estimate of appropriation necessary for the ensuing fiscal year and submits information for comparison requested by the Mayor (Section 17).
Each department head submits reports covering operations to the Mayor as required (Section 17).
In absence or sickness or other inability of a department head, the officer next in charge acts with authority to sign necessary papers, vouchers, requisitions, and similar documents (Section 17).

Appointment and removal of key officials

The President of the Philippines appoints, with consent of the Commission on Appointments, the judge and auxiliary judge of the municipal court, the city treasurer, city attorney, city engineer, city health officer, chief of police, chief of the fire department, and other heads of city departments created by law (Section 18).
Appointees cannot be suspended or removed except in the manner and for causes provided by law (Section 18).

Conflict of interest for city officers

It is unlawful for any city officer, directly or indirectly, individually or as a member of a firm, to engage in business transactions with the city or its authorized officials/boards/agents/attorneys where money is paid out of city resources to the officer or firm (Section 19).
It is unlawful for any city officer to purchase real estate or other property belonging to the city, or property sold for taxes or assessments, or property sold by virtue of legal process at the suit of the city (Section 19).
It is unlawful for any city officer to act as surety for any person with a contract or doing business with the city for performance of which security is required (Section 19).
It is unlawful for any city officer to be surety on the official bond of any officer of the city (Section 19).

Asset disclosure before assuming office

Before assuming office, every city official and regular employee must file with the office of the attorney a sworn statement of assets and property holdings (Section 20).

Finance Department: City Treasurer

The city treasurer heads the Finance Department, acts as chief fiscal officer and financial adviser of the city, and is custodian of city funds (Section 21).
The city treasurer receives a salary of not exceeding PHP 3,600 per annum (**