Law Summary
Corporate Powers and Seal
- City has a common seal and may hold, lease, convey property; sue and be sued.
- Powers enumerated in the charter are not exhaustive but are to be liberally construed.
Liability and Jurisdiction
- City not liable for damages due to failures or negligence of its officials in enforcing laws.
- Police jurisdiction extends three miles from shores and over water supply drainage zones.
- City Court has concurrent jurisdiction with municipal courts in water supply areas.
Executive Branch: City Mayor and Vice-Mayor
- Mayor is chief executive, elected for 4-year terms with set minimum salary and allowances.
- Vice-Mayor acts in absence or vacancy of Mayor, is presiding officer of City Council, votes only in ties.
- Qualifications for both include residency, age, and voter status.
Powers and Duties of City Mayor
- Ensure enforcement of laws and charter provisions.
- Safeguard city's lands, records, funds.
- Initiate judicial proceedings on behalf of the City.
- Collect taxes, supervise city employees, inspect city records.
- Submit annual budget to City Council; may grant/refuse licenses including revocation powers.
- Appoint city officers and may suspend or remove them within limits and with council concurrence.
- May exercise emergency powers and request national police aid.
City Council Governance
- Composed of Vice-Mayor and eight elected councilors serving 4-year terms.
- Council sessions are weekly; quorum and voting procedures specified.
- Ordinances pass by majority vote; Mayor's veto power with override provisions exists.
Legislative Powers of City Council
- Levy taxes, fix salaries, appropriate funds.
- Establish schools, police, fire departments.
- Regulate business licenses, public health, sanitation, public safety, nuisances.
- Exercise eminent domain with approval.
- Manage city public properties and public utilities.
Restrictions on Commercial Signs
- Prohibit offensive or nuisance signs on public lands; Mayor may order removal.
City Departments and Administration
- Eight specified departments including Finance, Law, Health, Police, Fire, etc., headed by appointed officials.
- Department heads manage operations under Mayor's direction.
- Certain key officials appointed by the President with protections against suspension/removal.
City Officials' Conflict of Interest Prohibited
- Officers prohibited from engaging in contracts or transactions with the City that create financial interests or conflicts.
Financial Management and Taxation
- City Treasurer collects taxes, rents, fees; manages city funds and accounts.
- City Assessor assesses real estate, prepares tax rolls; exemptions and assessment procedures detailed.
- Tax collection procedures include penalties, liens, seizure and sale of property for delinquent taxes.
- Taxpayers have rights to redemption before sale and after sale with detailed terms.
Board of Tax Appeals
- Five members appointed; hear appeals on assessments.
- Authority to revise assessments with finality subject to Department Head review.
Special Assessments for Public Improvements
- City Council may levy special assessments on lands benefiting from public works.
- Procedures for ordinance adoption, publication, protest, hearings, and appeals prescribed.
- Payments treated like ordinary taxes with penalties for delinquency.
Budgeting and Appropriations
- City Treasurer prepares financial statements and revenue estimates.
- Mayor submits budget for Council adoption; supplemental budgets allowed.
- Failure to enact appropriation results in carry-over of previous year's budget.
Engineering and Public Works
- City Engineer oversees surveying, public works construction, maintenance.
- Authority to approve plans, supervise public assets, regulate private construction and utilities.
- Contracts for public works over a threshold require lowest bidder process;
- Administration of smaller projects discretionary.
Legal and Prosecution Functions
- City Attorney represents city in civil cases, advises officials, and investigates misconduct.
- City Fiscal prosecutes violations of law and city ordinances, investigates crimes, conducts autopsies when needed.
Health Department
- City Health Officer oversees public health, sanitation, enforces laws, manages civil registration.
Police Department
- Chief of Police required to have military or corresponding eligibility.
- Powers include enforcing laws, arresting offenders, supervising police force and detention facilities.
- Peace officers authorized to execute processes and maintain order; Police jurisdiction exclusive except under emergency.
Fire Department
- Chief of Fire Department manages fire services, equipment, fire-related regulations.
- Responsible for investigation of fires and approval of building plans for fire safety.
City Court
- City Court has jurisdiction over civil and criminal cases, concurrent with Court of First Instance as applicable.
- Includes powers to issue legal processes, hold hearings, and impose penalties within prescribed limits.
- Appeals process to Court of First Instance defined.
Transitory Provisions
- Outgoing municipal officials continue until terms expire.
- Incumbents in key positions continue as city officials.
- City voters retain voting rights for provincial officials.
- City included in the lone congressional district of Palawan until law provides otherwise.
- Existing municipal ordinances remain effective as city ordinances.
- Compliance with Local Autonomy Act and Decentralization Act when enhancing city autonomy.
- Barrios within the city governed by Revised Barrio Charter.
- Severability clause and conditions for the Act's effectiveness prescribed.