Title
Creation and Charter of City of Bais
Law
Republic Act No. 5444
Decision Date
Sep 9, 1968
Republic Act No. 5444 establishes the City of Bais, defining its territorial jurisdiction, corporate character, and governance structure, including the roles and powers of the Mayor, Vice-Mayor, and Municipal Board.
A

Corporate Personality

  • Established as a political body corporate with perpetual succession.
  • Powers similar to those of a municipal corporation.

General Powers and Attributes

  • Has a common seal.
  • May acquire, lease, convey property.
  • Can sue and be sued.
  • Exempt from liability for enforcement failures but officials may be personally sued.

Police Jurisdiction

  • Police jurisdiction extends to the city limits and three miles beyond the shore.
  • Includes protection of water supply drainage areas.
  • Concurrent jurisdiction with neighboring municipalities for police functions.

Executive Branch: Mayor and Vice-Mayor

  • Mayor: Chief executive, elected at large, eligibility criteria, four-year term, salaries defined.
  • Vice-Mayor: Elected in the same manner and qualifications as the Mayor.
  • Vice-Mayor assumes duties during Mayor's incapacity or vacancy.
  • Councilor with highest votes acts if both Mayor and Vice-Mayor incapacitated.

Mayor's Powers and Duties

  • Enforcement of laws and ordinances.
  • Safeguard city property and revenue.
  • Initiate judicial proceedings.
  • Supervise city employees.
  • Examine city officials' records.
  • Recommend measures to Municipal Board.
  • Attend Municipal Board sessions without vote.
  • Represent city legally.
  • Budget submission.
  • License issuance and revocation.
  • Emergency powers.
  • Ordinance approval or veto.

Secretary to the Mayor

  • Appointed official managing city records and attestation of official documents.
  • Holds office during Mayor's term.
  • May perform department head duties.

Municipal Board: Composition and Powers

  • Composed of Vice-Mayor (presiding officer) and eight councilors.
  • Councilors elected at large; qualifications and terms specified.
  • Can enact ordinances, fix taxes, fees, and regulate businesses.
  • Exercise power over public safety, sanitation, and city public works.
  • Conduct legislative sessions with quorum and voting rules.
  • Ordinances subject to Mayor’s approval or veto, with override procedures.

City Departments

  • Includes Finance, Engineering and Public Works, Law, Health, Police, Fire, Assessment.
  • Mayor supervises and can reorganize departments.

Department Heads

  • Control respective departments under Mayor’s supervision.
  • Responsible for payroll certification and budget estimates.

Appointment and Conduct

  • Appointments and removals conform to civil service laws.
  • Disqualifications for corrupt practices and acts detrimental to public interest.

Prohibited Transactions for Officers

  • Officers forbidden from engaging in financial transactions with city, or conflicts of interest.
  • Violations are malfeasance resulting in forfeiture of office.

Relationship with National Agencies

  • City Auditor appointed by Auditor General.
  • Director of Public Schools and other national officials have corresponding jurisdiction.

Finance Department

  • City Treasurer acts as fiscal officer.
  • Duties include collection of taxes, licenses, rents.
  • Accountable for city funds; reports monthly.

Public Works

  • City Engineer supervises all public infrastructure including streets, bridges, and sanitation.
  • Public works contracts handled via bidding rules.

Law Department

  • City Fiscal prosecutes crimes and advises city government.
  • Power to investigate violations and represent city in court.

Health Department

  • City Health Officer supervises city health and sanitation.
  • Enforces health laws and conducts inspections.

Police Department

  • Chief of Police oversees law enforcement and public safety.
  • Police have full powers within jurisdiction.

Fire Department

  • Chief of Fire Department manages fire prevention and control.
  • Has authority over fire safety regulations and investigations.

Assessment Department

  • City Assessor responsible for taxable property valuation.
  • Handles exemptions, declarations, listing, and real estate assessments.
  • Board of Assessment Appeals hears disputes.

Real Property Taxation

  • Annual tax on assessed real estate.
  • Procedures for collection, delinquencies, seizure, sale, and redemption defined.
  • Tax liens have priority over other claims.

Judicial Department: Municipal Court

  • Municipal judge and auxiliary judge appointed.
  • Jurisdiction as municipal courts of chartered cities.
  • Procedures for ordinance violation prosecutions described.

Miscellaneous Provisions

  • Ordinances of former municipality remain enforceable.
  • City register of deeds and motor vehicle registrar established.
  • Incumbent officials continue until successors elected.

Tax Allotment and Special Assessments

  • City receives share of national internal revenue.
  • Municipal Board may levy special assessments for public improvements.
  • Procedures for protests, hearings, appeals, and collection established.

City Budget

  • Detailed annual budget process from departments to Municipal Board.
  • Supplemental budgets allowed.
  • Automatic reenactment of existing budget on Municipal Board inaction.

Final Provisions

  • Charter effectivity and separability clause.
  • Budget appropriations for waterworks and hospital establishment.
  • Continuity of governance maintained during transition.

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