Charter of the City of Tagbilaran

Creation, Corporate Nature, and Territory

Section 2 provides that the City of Tagbilaran constitutes a political body corporate with perpetual succession.
Section 2 grants the City the powers of a municipal corporation, exercisable under the Charter.
Section 3 defines the City’s territory as the present territorial jurisdiction of the Municipality of Tagbilaran in the Province of Bohol, or as later changed in accordance with law.
Section 4 establishes the City’s ability to hold property, contract, sue and be sued, and exercise powers conferred by the Charter.
Section 4 requires liberal construction in favor of the City so it may exercise all necessary powers for efficient municipal affairs.

Corporate Seal, City Powers, and Damages Liability

Section 4 provides that the City shall have a common seal, which it may alter at will.
Section 4 authorizes the City to take, purchase, receive, hold, lease, convey, and dispose of real and personal property inside or outside corporate limits for city interests.
Section 4 authorizes the City to condemn private property for public use.
Section 5 provides that the City is not liable for damages or injuries arising from failure of the City Board, Mayor, or any city officer or employee to enforce the Charter or any law or ordinance, or from negligence while enforcing or attempting to enforce them.

Police Jurisdiction and City Court Jurisdiction

Section 6 provides that police jurisdiction of the City is co-extensive with territorial jurisdiction and extends three miles from the shore of the city.
Section 6 further extends police jurisdiction for water purity protection to all territory within the drainage area of the City’s water supply, or within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with city service.
Section 6 gives the City Court concurrent jurisdiction with municipal courts to try crimes and misdemeanors committed within the drainage area, or within one hundred meters.
Section 6 provides that the court first taking jurisdiction retains exclusive jurisdiction over the offense thereafter.

District Organization and District Government Oversight

Section 7 provides that the barrios and districts existing in the Municipality of Tagbilaran, organized under Republic Act No. 3590, are called districts upon the Charter’s effective date.
Section 7 provides that these districts continue to retain their corporate power and corresponding names or numerical designations until changed or abolished by law or ordinance.
Section 7 requires the City Board, by ordinance, to establish eight Councilor Districts, each under a councilor with territory that is contiguous.
Section 7 allows a councilor district to be composed of one or more whole districts.

City Officers, Elections, and Removal Rules

Section 9 provides that the elective officers of the City are the Mayor, Vice-Mayor, and eight councilors.
Section 9 requires that these elective officials be elected at large by qualified city voters on the date of the regular elections for provincial and municipal officials under the Revised Election Code.
Section 9 provides that elective officials assume office on the first day of January next following their election upon qualifying.
Section 9 fixes the term at four years, ending upon election and qualification of successors, unless removed for cause under law.
Section 10 requires elective officers to be qualified registered electors, at least 25 years old, and to have resided in the city for at least five years prior to election.
Section 10 prohibits holding another public office except a notary public, membership in the Armed Forces Reserve, or any other employment with the city, or the National Government, or any province or municipality.

Presidential Removal and Disloyalty Protections

Section 11 provides that any elective city officer may be removed by the President of the Philippines on proof of disloyalty to the Philippine Republic.
Section 11 grants the officer the right to notice and hearing before removal.
Section 11 also allows removal upon conviction by final judgment by a competent court of any crime involving moral turpitude.
Section 11 authorizes suspension of an accused officer accused of disloyalty for a period not exceeding thirty days pending preparation and disposition of charges.
Section 11 requires reinstatement and payment of salary forgone during suspension if the accused is acquitted.

Conflict, Corruption, and Prohibited Acts

Section 12 prohibits any city officer or employee from giving or promising to give any portion of compensation or money or valuable thing in consideration of nomination, election, appointment, or employment.
Section 12 prohibits willful violation of any law relating to office or employment, fraud upon the city, converting public property, or knowingly permitting others to do so.
Section 12 prohibits directly or indirectly coercing or intimidating city officers or employees in the classified service to cause them to resign involuntarily.
Section 12 provides that a person convicted of offenses in the section forfeits his city office or employment, in addition to other penalties imposed by law.
Section 13 prohibits city officers, employees, and persons related to them within the fourth civil degree from engaging in business transactions with the City or city officials/bodies/lawyers that result in city resources being paid to them or their firm.
Section 13 prohibits purchases of real estate or other city property, whether sold for taxes/assessments or by virtue of legal process at the suit of the City.
Section 13 prohibits being surety for persons with contracts or business with the City when security is required, and being surety on the official bond of city officers or employees.
Section 13 prohibits having a financial interest in transactions or contracts with the City or where the City is an interested party.
Section 13 prohibits appearing as counsel to defend persons or corporations against whom the City filed suit.
Section 13 provides that a willful violation constitutes malfeasance in office, and an officer or employee found guilty forfeits the office or employment.

Full-Time Duty and Limits on Holdings

Section 14 requires each appointive city officer and employee to devote time and attention exclusively to duties during prescribed office hours.
Section 14 prohibits a city officer or employee from holding more than one office unless expressly provided by law.
Section 14 allows the section to not apply to persons discharging public duties under the National Government who receive no compensation.

Investigations, Subpoena Power, and Official Bonds

Section 15 authorizes inquiries and investigations upon a written formal complaint made under oath that on its face provides a reasonable basis to believe an anomaly or regularity might have been committed.
Section 15 grants the City Board or the Mayor, or any authorized person or committee, power to inquire into official conduct of any city department, agency, officer, or employee.
Section 15 authorizes investigators to subpoena witnesses, administer oaths, and compel production of books, papers, and other evidence.
Section 16 requires the City Treasurer and all deputies, and any other officers/employees required by City Board ordinance, to give bonds approved by the Mayor.
Section 16 provides that bonds are in favor of the City, and premiums are paid by the City.

Contract Limits and Tax and Debt Constraints

Section 17 provides that contracts for personal services furnished to the city must not extend beyond the term of the Mayor in office from time of approval.
Section 17 requires contracts for personal services to be valid only if made or approved by ordinance.
Section 18 authorizes the City Board to levy an annual real estate tax rate not to exceed 2% ad valorem on real estate not exempt.
Section 18 authorizes an additional annual real estate tax rate not to exceed 1% ad valorem, with all proceeds credited to and paid into the Capital Improvement Fund.
Section 18 defines “capital project” as any physical public betterment/improvement and engineering/architectural studies; acquisition of permanent property including sites; and purchase of equipment for public betterment when first erected or acquired.
Section 18 restricts capital improvement fund expenditures to those authorized by ordinances with appropriations.
Section 19 allows the City to incur indebtedness or other obligation with the City’s faith and credit pledged, not exceeding 20% of the total assessed value of taxable real estate in the city.
Section 19 defines “indebtedness” as the net figure after deducting sinking fund assets and other reserves inviolably pledged or committed to payment or retirement.
Section 19 includes in “total outstanding indebtedness” all indebtedness contracted in previous years whether bonded or of any kind, but excludes budgeted or estimated operating expenses for the current fiscal year.
Section 19 requires the assessed value to be the value used as basis for the city tax levy for the fiscal year next preceding that when the indebtedness is incurred.

Mayor’s Office and Executive Authority

Section 20 declares that the Mayor is the chief executive with immediate control of executive functions across departments and agencies, subject to general supervision of the President as provided by law.
Section 20 authorizes the City Board, at its discretion, to provide quarters or commute quarter privilege in addition to salary, with quarter allowance commuted not exceeding PHP 1,800 per annum.
Section 20 allows the Mayor to receive other non-commutable allowances not exceeding PHP 2,400 per annum.
Section 21 requires the Mayor to enforce laws of the Philippines, the Charter, and city ordinances and resolutions within city jurisdiction.
Section 21 gives the Mayor control over city lands, buildings, records, monies, credits, properties, and rights, subject to the Charter.
Section 21 requires the Mayor to ensure collection and proper application of city taxes and revenues according to appropriations.
Section 21 authorizes the Mayor to institute judicial proceedings to recover city property and funds, and to defend suits against the City.
Section 21 allows the Mayor to transfer officers and employees not appointed by the President from one section/division/service/department to another without changing compensation, in the interest of service.
Section 21 grants the Mayor authority to examine and inspect books, records, and papers of officials, agents, and employees under executive supervision and control at least once a year and when circumstances warrant.
Section 21 requires the City Board to provide clerical or other assistance needed for examination and inspection.
Section 21 allows the Mayor to attend City Board sessions to participate in discussion but not vote.
Section 21 requires the Mayor to represent the City in business matters and sign bonds, contracts, and obligations made according to law or ordinance.
Section 21 requires submission of a budget of receipts and expenditures at least one month before each fiscal year begins.
Section 21 authorizes the Mayor to receive, hear, and decide protests, petitions, complaints, and claims of administrative and executive municipal character.
Section 21 grants the Mayor authority to grant or refuse city licenses and permits, including permits for benefits, despite contrary law, and to revoke them for violations or when prohibited acts are committed under the protection of the license, or for other good reason of general and public interest.
Section 21 authorizes emergency measures to avoid fires, floods, and effects of storm and other public calamities.
Section 21 authorizes requesting assistance of the Philippine Constabulary and other national police agencies for maintaining peace and order only in cases where public interest and safety require it and only upon specific request.
Section 21 allows the Mayor to appoint officers and employees whose salaries are wholly or partly from city funds, subject to Civil Service Law and rules, except appointments vested in the President or provided for in the Charter, and except regular employees in the city auditor’s office.
Section 21 authorizes mayoral suspension of appointed officers and employees for cause on Civil Service grounds for up to thirty days, with extension up to ninety days if concurred in by the City Board.
Section 21 authorizes discharge of appointed employees after proper investigation and with consent of at least two-thirds of all City Board members.
Section 21 allows the Mayor to investigate or order investigation of officers or employees not appointed by him and recommend suspension or removal to the President or proper national department head.
Section 21 requires the Mayor to prepare plans for physical development, zoning, and land subdivision rules and regulations subject to City Board approval.
Section 21 requires an annual report to the Office of the Executive Secretary.
Section 21 authorizes the Mayor to perform other duties and exercise other executive powers prescribed by law or ordinance.

Vice-Mayor, Acting Officers, and Succession

Section 22 provides that the Vice-Mayor performs the Mayor’s duties and exercises powers in case of death, resignation, or permanent incapacity of the Mayor to complete the unexpired term.
Section 22 provides that when the Mayor is temporarily incapacitated due to absence on leave, sickness, or temporary incapacity, the Vice-Mayor performs delegated powers and duties in writing during the incapacity or absence.
Section 22 makes the Vice-Mayor ipso facto the Chairman of the City Board.
Section 22 provides that if the Vice-Mayor is temporarily incapacitated, the councilor who received the highest number of votes in the last elections serves as Acting Vice-Mayor.
Section 22 provides that when the Mayor cannot assume office and the Vice-Mayor is incapacitated, or when the Vice-Mayor’s office is vacant, the highest-vote councilor serves as Acting Mayor and does not perform duties as a member of the Board.
Section 22 provides that in that Acting Mayor situation, the remaining Board members elect the presiding officer among themselves.
Section 22 grants compensation to Acting Vice-Mayor or Acting Mayor equal in total to the salary and other emoluments of the Mayor or Vice-Mayor, as applicable, during the period of service.
Section 22 provides that if the Mayor-elect dies before assumption or fails to qualify, the Vice-Mayor-elect assumes as Mayor only until the Mayor-elect qualifies.
Section 22 provides that if the Vice-Mayor-elect dies before assumption or fails to qualify, the councilor with the largest number of votes in the immediately preceding local election assumes Vice-Mayor only until the Vice-Mayor-elect qualifies.
Section 22 allows the Vice-Mayor to receive quarters and commutable and non-commutable allowances similar to the Mayor, but limited to 80% of the Mayor’s amount.

City Board Powers, Procedure, Quorum, and Ordinances

Section 24 establishes that the City Board consists of the Vice-Mayor as presiding officer (chairman) and eight elected councilors.
Section 24 provides that the presiding officer votes only in case of a tie.
Section 24 requires the presiding officer to sign ordinances, resolutions, and motions directing payment of money or creating liability enacted or adopted by the Board.
Section 24 disqualifies a Board member who is a candidate in an election from acting on Board duties related to election matters.
Section 24 provides that permanent vacancies after assumption are filled by President appointment of a suitable person belonging to the political party of the replaced officer.
Section 25 requires the Board to have a secretary appointed by the Mayor with consent of the City Board, serving at the pleasure of the appointing power.
Section 25 requires the secretary to keep Board records, record ordinances and resolutions directing payment or creating liability with dates of passage and publication, and keep and affix a seal inscribed “City Board City of Tagbilaran”.
Section 26 sets City Board meeting requirements: the first meeting is at 9:00 in the morning of the first business day of January after election, and regular sessions must occur not less frequently than once for three days every first and third week of each month.
Section 26 allows extraordinary sessions called by the Mayor or requested by any three members, with at least twelve hours notice to each member.
Section 26 allows punishment of a member for disorderly conduct with concurrence of at least two-thirds of all members; it allows suspension for not more than sixty days, and expulsion with the same vote subject to President approval.
Section 26 fixes quorum at five members for transaction of business, and allows adjournment day to day with smaller number.
Section 26 authorizes the Vice-Mayor to compel attendance by ordering arrest and production of an absent member, subject to penalties previously prescribed by ordinance.
Section 26 requires five affirmative votes to pass any ordinance and any resolution directing payment of money or creating liability.
Section 26 requires ordinances be enacted by ordinance for legislations establishing fines or penalties, spending public funds, or contracting indebtedness or liability, except where unanimous vote is required for dispensation of reading.
Section 26 requires that each ordinance contain a single purpose, expressed in the title, and begin with: “The Board of the City of Tagbilaran hereby ordains.”
Section 26 requires each ordinance and resolution be presented in writing and read in full before a vote, unless reading of the resolution is dispensed by unanimous consent.
Section 26 requires, except for emergency ordinances certified by the Mayor and appropriation ordinances, that an ordinance must be published once in a manner determined by the City Board and passed only after at least two days elapse between last publication and final passage.
Section 27 provides a mayoral approval/veto timeline: within ten days (non-working days excepted) from receipt, the Mayor must approve or veto; failure to return within time results in approval.
Section 27 requires that if the Mayor vetoes, his written reasons accompany the return.
Section 27 provides that a vetoed ordinance may be enacted again by affirmative votes of six City Board members and forwarded to the Mayor; if the Mayor does not return with veto within ten days (non-working days excepted), it is deemed approved.
Section 27 provides that if the Mayor again vetoes, the ordinance is deemed approved if reenacted by affirmative votes of six members.
Section 27 authorizes the Mayor to veto particular items in an appropriation ordinance or in an ordinance/resolution directing payment or creating liability, without affecting non-objected items.
Section 27 provides that for a vetoed item in an appropriation ordinance, the corresponding item in the previous year’s appropriation ordinance is deemed restored unless expressly directed otherwise in the veto.
Section 27 requires ordinances (except appropriation ordinances and those certified as urgent by the Mayor) to be published within five days after approval, and ordinances take effect on the fifteenth day following publication if no date is fixed in the ordinance.

City Board Legislative Powers and Tax Exclusions

Section 28 grants the City Board broad legislative powers notwithstanding any law or executive order to the contrary, including:
- making appropriations for city expenses and other purposes not specified by law, for general welfare;
- establishing the number of officials and employees and fixing salaries not otherwise provided by the Charter, not exceeding those fixed by existing law;
- imposing municipal license taxes or fees and collecting fees for services rendered or for public purposes through just and uniform taxes, licenses, or fees.
Section 28 prohibits the City from imposing or levying:
- Residence tax;
- Documentary stamp tax;
- taxes on printing/publication businesses of regularly appearing newspapers/magazines/reviews/bulletins with fixed subscription/sale prices that are not primarily for advertisements;
- taxes on water works, irrigation, and other public utilities except electric light, heat and power, motorized tricycles, and public conveyances propelled by muscular power;
- taxes on forest products and forest concessions;
- taxes on estates, inheritances, gifts, legacies, and other acquisitions mortis causa;
- taxes on income of any kind whatsoever;
- taxes or fees for motor vehicle registration and issuance of driving licenses/permits;
- customs duties registration, wharfage on wharves owned by the national government, tonnage on bottoms, and other customs fees/charges/dues;
- taxes of any kind on banks and insurance companies and persons paying franchise tax;
- taxes on premiums paid by property owners who obtain insurance directly with foreign insurance companies.
Section 28 allows ordinances regulating the conducting of business and places/premises where subject taxes, license fees, permit fees, and other city impost are applied.
Section 28 authorizes the City to fix by ordinance the maximum fares and charges of taxable and regulable public conveyances operating in the city (including motorized tricycles, rigs, pedicabs, and vehicles propelled by muscular power).
Section 28 authorizes regulation and fixing of location of businesses likely to endanger public safety (including blacksmith shops, foundries, steam boilers, steam engines, lumber yards, sawmills, and other establishment likely to cause conflagrations or explosions).
Section 28 authorizes regulation of storage and sale of specified explosives/combustibles and products thereof (including gunpowder, tar, pitch, resin, coal, oil, gasoline, benzine, turpentine, hemp, cotton, nitroglycerine, petroleum, and other highly combustible/explosive materials).
Section 28 authorizes regulation of use of streets and public places by vehicles and designation of stands for public vehicles when not in use.
Section 28 authorizes construction and maintenance of canals and water courses and regulation of navigation, and regulation of public landing places, wharves, piers, docks, levees, and privately owned ones unless otherwise provided by law.
Section 28 authorizes, subject to the Public Service Act, fixing charges for water and aircraft landing at or using city-controlled public wharves, docks, levees, and landing places.
Section 28 authorizes erection, purchase or rental, and maintenance of city buildings, and establishing fire limits and building construction/repair rules, including fees for permits in fire zones and elsewhere.
Section 28 authorizes erection of fire engine houses and provision of fire-fighting equipment and regulation/management of their use.
Section 28 authorizes regulation or restriction of lights and electricity use, and regulating bonfires and use of firecrackers, fireworks, torpedoes, candles, skyrockets, and pyrotechnic displays, including fees for permits.
Section 28 authorizes provisions to insure public safety from conflagration and mitigate storm and public calamities.
Section 28 authorizes street lighting/cleaning/sprinkling; removal of encroachments and obstructions; regulation of processions, signs, signposts, awnings/awning posts; prohibition of placing or throwing garbage/refuse/offensive matter in streets, including collection and disposition.
Section 28 authorizes regulation of openings for laying gas/water sewers/drains, erecting poles and stringing wires; regulation of crosswalks, curbs and gutters.
Section 28 authorizes naming and changing names of streets and public places and regulating numbering of houses and lots.
Section 28 authorizes traffic regulation and sale upon streets, nuisance abatement and punishment, and regulation of amusements that annoy persons or frighten horses/animals.
Section 28 authorizes requiring property owners to construct or repair sidewalks at their expense in accordance with specifications of the city engineer, and if property owners fail after demand within a specified period, the city engineer causes work and collects cost as a special assessment.
Section 28 provides that sidewalk special assessments may be paid in full or in ten equal yearly installments, due in the same manner as annual real estate tax, subject to same penalties and delinquency remedies as the annual tax.
Section 28 provides that sidewalk assessment sums constitute liens on property from the day assessed and take precedence over other liens except liens arising from nonpayment of the assessed annual tax.
Section 28 provides that the City Board has exclusive power to provide for inspection, placing, stringing, attaching, installing, repair, construction, condemnation/correction/removal of gas, electric telegraph, telephone wires, conduits, meters, apparatus, and electrical appliances when dangerous and defective.
Section 28 grants powers for water supply: purification, ownership and control, rents, hydrants/pumps/cisterns/reservoirs regulation, preventing waste, protecting water purity, and extending ordinances over drainage area and within one hundred meters of relevant water facilities used for city service.
Section 28 authorizes maintaining a city pound and fixing poundage fees; regulating/restraining/prohibiting animals/dogs running at large; impounding, distraining, and killing or sale with related penalties and costs; and disposing of carabaos, horses, mules, asses, and bovines under general law.
Section 28 authorizes sanitation and health measures including requiring cleaning of insanitary buildings at owner/tenant expense, and undertaking work by the city upon failure and assessing expenses against owners.
Section 28 authorizes ordering filling up to sanitary grade for lands declared insanitary by the Department of Health or by Board judgment related to public health and welfare.
Section 28 authorizes construction and maintenance of drains, sewers, and cesspools, and regulation of private water closets/privies/sewers/drains/cesspools.
Section 28 authorizes prohibition of burial within the center of population and regulation of burial location and manner.
Section 28 authorizes establishment/authorization of slaughterhouses and markets, fixing their fees, and inspecting/regulating preparation and sale of meat, fruits, poultry, milk, fish, vegetables, and other food items.
Section 28 authorizes enforcement of Department of Health regulations and city ordinances providing fines and penalties for violations, and adopting measures to prevent spread of diseases.
Section 28 authorizes declaration, prevention, and abatement of nuisances.
Section 28 authorizes ordinances for recording births, marriages, and deaths.
Section 28 authorizes establishment, maintenance, and regulation of a police force and prescription of powers and duties of its members.
Section 28 authorizes establishment and regulation of a city prison