Law Summary
Corporate Powers of the City
- City recognized as a political body corporate with perpetual succession.
- Empowered to sue, be sued, enter contracts, acquire and convey property, and exercise corporate powers under law.
General Powers and Welfare Clauses
- Authorized to use a common seal and levy taxes.
- May regulate public infrastructure, property, contracts, and enforcement of local laws.
- Powers extend to promoting public welfare, including culture, health, ecology, employment, peace, and social justice.
Liability and Police Jurisdiction
- City and officials liable for damages caused.
- Police jurisdiction covers territorial limits and water supply drainage areas.
- Courts have concurrent jurisdiction for crimes in extended police areas.
- Licensing fees accrued to appropriate local government units.
Composition and Appointment of City Officials
- Mandated city officials including mayor, vice mayor, sangguniang panlungsod, and various specialized officers.
- Mayor appoints certain officers subject to Sanggunian confirmation.
- Sanggunian empowered to create, maintain, or consolidate offices for efficiency.
Roles and Powers of the City Mayor
- Chief executive elected by qualified voters, serving three-year terms.
- Qualifications include residency, age, and voter status.
- Executive functions include governance, policy leadership, budget preparation, public safety, and administrative oversight.
- Authority to appoint officials, enforce laws, issue licenses, and conduct ceremonial functions.
- Emergency powers during calamities and disasters.
City Vice Mayor Duties
- Elected official with similar qualifications to mayor.
- Presiding officer of the sangguniang panlungsod.
- Appoints sanggunian staff and assumes mayoral duties in mayor’s absence or vacancy.
Legislative Body: Sangguniang Panlungsod
- Composed of elected members including vice mayor, sectoral representatives, and presidents of barangay and youth federations.
- Powers include the enactment of ordinances, tax measures, zoning, and local government administration.
- Legislative functions encompass peace, order, health, environment, welfare, economic development, and public services.
- May grant franchises, regulate public utilities, and impose penalties within legal limits.
Legislative Procedures and Ordinance Process
- Sanggunian adopts internal rules of procedure covering committees, sessions, discipline, and legislative process.
- Members disclose financial and business interests to avoid conflicts.
- Regular and special sessions governed by notice and quorum rules.
- Ordinances submitted to mayor for approval or veto; veto overridden by two-thirds vote.
- Sanggunian review of ordinances by provincial board; barangay ordinances reviewed by sanggunian for consistency.
- Enforcement of disapproved ordinances prohibited with penalties for violations.
- Ordinances take effect after public posting and publication.
Succession of Elective Officials
- Vacancies in mayor or vice mayor offices filled by vice mayor or highest ranking sanggunian members by votes received.
- Other sanggunian vacancies filled by political party appointments or city mayor recommendation for independents.
- Temporary incapacity handled by vice mayor or highest ranking sanggunian member with limited powers.
Qualifications and Duties of Appointive City Officials
- Various offices defined including secretary to the sangguniang panlungsod, treasurer, assessor, accountant, budget officer, planning coordinator, engineer, health officer, civil registrar, legal officer, social welfare officer, veterinarian, general services officer, agriculturist, cooperatives officer, environment officer, architect, information officer, and population officer.
- Officials must meet citizenship, residency, moral character, educational, and experience qualifications.
- Responsibilities include managing respective departments, advising city officials, implementing plans, overseeing services, enforcing laws, and coordinating with national agencies.
City Fire, Jail, Schools, and Prosecution Services
- Establishment of fire station, jail facility, schools division, and prosecution office mandated.
- Fire marshal and jail warden appointed with specified qualifications.
- Prosecution service under Department of Justice supervision.
Transitory Provisions and Effectivity
- Existing municipal ordinances remain effective until modified.
- City existence confirmed by plebiscite supervised by the Commission on Elections.
- Present officials continue until new elections.
- City succeeds to municipal assets and liabilities.
- City voters participate in provincial elections.
- City remains under provincial jurisdiction.
- No local tax increases allowed for five years after city creation.
- City remains part of existing congressional district.
- Local Government Code and relevant laws apply unless inconsistent.
- City exempted from certain income requirements under Republic Act No. 9009.
- Charter provisions severable.
- Boundary disputes still subject to official resolution.
- Inconsistent laws repealed or amended.
- Law effective after publication.