Charter of Island Garden City of Samal

Corporate powers and public liability

The City may have a common seal and may alter it at pleasure. (Section 4)
The City may levy taxes and regulate roads, streets, alleys, parks or squares, subject to the Constitution and existing laws. (Section 4)
The City may acquire and convey real or personal property, condemn private property for public use, and enter into contracts. (Section 4)
The City may sue and be sued and may prosecute and defend suits where it is a party, until final judgment and execution. (Section 4)
The City and its officials are not exempt from liability for death or injury to persons or loss or damage to property done or caused as a consequence of official functions within the scope of their duties. (Section 5)

City elective offices and chief executives

The City has elective offices comprising the Office of the City Mayor, the Office of the City Vice Mayor, and the offices of the twelve (12) members of the sangguniang panlungsod. (Section 8)
The City Mayor is the chief executive and is elected at large by qualified voters of the City. (Section 9)
No person is eligible for City Mayor unless, at election time, the person is at least twenty-one (21) years of age, an actual resident of the City for at least one (1) year, and a qualified voter. (Section 9)
The City Mayor holds office for three (3) years, unless sooner removed. (Section 9)
The City Mayor receives a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758 and its implementing guidelines. (Section 9)

City Mayor powers and duties

The City Mayor sets city policy guidelines, is responsible to the sangguniang panlungsod for the government’s program, and directs the formulation of the city development plan with assistance from the city development council. (Section 9(a) and (b))
The City Mayor presents the program of government and proposes policies and projects for the sangguniang panlungsod every calendar year and as needed for general welfare and city needs. (Section 9(c))
The City Mayor initiates and proposes legislative measures and provides information and data requested by the sanggunian for legislative functions. (Section 9(d))
The City Mayor appoints all officials and employees whose salaries and wages are wholly or mainly paid out of city funds (unless appointments are otherwise provided in this Act), with authority to appoint those the law authorizes. (Section 9(e))
The City Mayor represents the City in business transactions and signs bonds, contracts, obligations, and other documents upon authority of the sanggunian or pursuant to existing laws or ordinances. (Section 9(f))
The City Mayor carries out emergency measures needed during and in the aftermath of man-made and natural disasters and calamities. (Section 9(g))
The City Mayor determines the time, manner and place of payment of salaries or wages of City officials and employees, consistent with law or ordinance. (Section 9(h))
The City Mayor allocates and assigns office space to City officials and employees entitled under law or ordinance. (Section 9(i))
The City Mayor ensures faithful discharge by executive officials and employees and causes administrative or judicial proceedings against officials or employees who commit offenses in the performance of official duties. (Section 9(j))
The City Mayor may examine books, records, and other documents of City offices and can require national officials and employees stationed or assigned to the City to make available such records, except those classified by law as confidential. (Section 9(k))
The City Mayor furnishes copies of executive orders to the provincial governor within seventy-two (72) hours after issuance. (Section 9(l))
The City Mayor must visit component barangays at least once every six (6) months to deepen understanding of problems and conditions, listen to local concerns, and conduct visits and inspections to improve quality of life. (Section 9(m))
The City Mayor acts on leave applications of officials and employees appointed by him and commutes monetary leave credits under applicable law. (Section 9(n))
The City Mayor authorizes official trips of City officials and employees outside the City for a period not exceeding thirty (30) days. (Section 9(o))
The City Mayor may call national officials or employees stationed or assigned to the City for advice and recommendations; and when appropriate, initiate administrative or judicial actions against national officials or employees who commit offenses while stationed or assigned to the City. (Section 9(p))
The City Mayor authorizes payment for medical care and necessary transportation, subsistence, and hospital or medical fees for City officials and employees injured in the performance of official duties, subject to fund availability. (Section 9(q))
The City Mayor solemnizes marriages notwithstanding contrary law. (Section 9(r))
The City Mayor conducts an annual palarong panlungsod featuring traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports. (Section 9(s))
The City Mayor submits to the provincial governor an annual report summarizing matters pertinent to management, administration and development of the City and information on political, social and economic conditions, and submits supplemental reports when unexpected events or situations arise, particularly when disasters or calamities affect general welfare. (Section 9(t))
The City Mayor enforces laws and ordinances relative to City governance, ensuring acts of component barangays and officials are within their prescribed powers, duties, and functions. (Section 9, enforcement clause (a))
The City Mayor may call conventions, conferences, seminars, or meetings of elective and appointive officials and employees stationed or assigned to the City for promotion of the general welfare. (Section 9, enforcement clause (b))
The City Mayor issues executive orders for faithful and appropriate enforcement and execution of laws and ordinances. (Section 9, enforcement clause (c))
The City Mayor is entitled to carry the necessary firearm within territorial jurisdiction. (Section 9, enforcement clause (d))
The City Mayor acts as deputized representative of the National Police Commission, formulates the City peace and order plan, and upon approval implements it; the City Mayor exercises general and operational control and supervision over local police forces in accordance with Republic Act No. 6975. (Section 9, enforcement clause (e))
The City Mayor calls appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or to apprehend violators when public interest so requires and City police forces are inadequate. (Section 9, enforcement clause (f))

Vice Mayor and presiding functions

The City Vice Mayor is elected in the same manner as the City Mayor and must possess the same qualifications at election time. (Section 10)
The City Vice Mayor holds office for three (3) years, unless sooner removed, and receives monthly compensation corresponding to Salary Grade Twenty-Six (26) under Republic Act No. 6758 and implementing guidelines. (Section 10)
The City Vice Mayor presides over the sangguniang panlungsod and signs warrants drawn on the City treasury for expenditures appropriated for the operation of the sanggunian. (Section 10(a))
The City Vice Mayor appoints officials and employees of the sanggunian (subject to civil service law), except those whose appointment is specifically provided for under existing laws. (Section 10(b))
The City Vice Mayor assumes the office of the City Mayor for the unexpired term in case of permanent vacancy. (Section 10(c))
The City Vice Mayor exercises the powers and performs the duties and functions of the City Mayor in cases of temporary vacancy. (Section 10(d))
The City Vice Mayor performs other duties and exercises other powers provided under Republic Act No. 7160 (Local Government Code of 1991) and by law or ordinance. (Section 10(e))

Sangguniang panlungsod composition and authority

The City has three (3) sanggunian districts: Babak (District I), Samal (District II), and Kaputian (District III). (Section 11)
Each sanggunian district elects four (4) regular representatives, totaling twelve (12) regular members. (Section 11)
The sangguniang panlungsod is the legislative body and is composed of the City Vice Mayor as presiding officer, twelve (12) regular members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and sectoral representatives as members. (Section 11)
The City has three (3) sectoral representatives: one (1) from the women, one (1) from the agricultural or industrial workers, and one (1) from other sectors including the urban poor, indigenous cultural communities or disabled persons. (Section 11)
The sangguniang panlungsod determines the sectoral representative selection within ninety (90) days prior to the local elections. (Section 11)
Regular members and sectoral representatives are elected under the manner provided by law, and elective members must be at least eighteen (18) years of age on election day, with qualifications like those for the City Mayor and Vice Mayor. (Section 11)
The sangguniang panlungsod may set compensation, emoluments, and allowances as determined by law. (Section 11)
The sangguniang panlungsod approves ordinances and passes resolutions for efficient and effective city government, including review of barangay ordinances and punong barangay executive orders for consistency with powers. (Section 11(a))
The sangguniang panlungsod maintains peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion, or sedition and imposing penalties for violations of city ordinances. (Section 11(b))
The sangguniang panlungsod may approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000) or imprisonment not exceeding one (1) year, or both, at the discretion of the court, for violations of a city ordinance. (Section 11(c))
The sangguniang panlungsod adopts measures to protect inhabitants from disasters and calamities, provide relief services and assistance, and support return to productive livelihood. (Section 11(d))
The sangguniang panlungsod enacts ordinances addressing habitual drunkenness in public places, vagrancy, mendicancy, prostitution and houses of ill-repute, gambling and prohibited games of chance, fraudulent schemes to obtain money or property, drug addiction and drug dens, drug pushing, juvenile delinquency, and obscene or pornographic materials or publications, and other inimical activities. (Section 11(e))
The sangguniang panlungsod protects the environment and imposes penalties for acts endangering the environment, including dynamite fishing, destructive fishing, illegal logging, smuggling of logs, smuggling of natural resource products and endangered species, slash and burn farming, and other activities causing pollution, eutrophication, or ecological imbalance. (Section 11(f))
The sangguniang panlungsod determines powers and duties of city officials and employees subject to the Local Government Code and pertinent laws. (Section 11(g))
The sangguniang panlungsod determines positions and salaries, wages, allowances, and emoluments of officials and employees paid wholly or mainly from city funds and provides for expenditures needed for city programs and services. (Section 11(h))
The sangguniang panlungsod authorizes payment of compensation to a qualified person not in government service filling a temporary vacancy and authorizes honoraria to qualified officials or employees filling temporary vacancies in a concurrent capacity at the rate authorized by law. (Section 11(i))
The sangguniang panlungsod establishes a mechanism and provides funds for the safety and protection of City government property and public records (including property inventory, land ownership, births, marriages, deaths, assessments, taxation, accounts, and business permits). (Section 11(j))
When finances allow, the sangguniang panlungsod provides additional allowances and benefits to judges, prosecutors, public elementary and high school teachers, and other national officials stationed or assigned in the City. (Section 11(k))
The sangguniang panlungsod provides legal assistance to barangay officials who must initiate judicial proceedings or defend themselves against legal action in the performance of official duties or on the occasion thereof. (Section 11(l))
When finances allow, the sangguniang panlungsod provides group insurance or additional insurance coverage for barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies. (Section 11(m))

Resource generation, planning, zoning and permits

The sangguniang panlungsod maximizes resource and revenue use for development plans, program objectives, and priorities with attention to agro-industrial development and city-wide growth and progress. (Section 11, resource clause)
The sangguniang panlungsod approves annual and supplemental budgets and appropriates funds for specific programs, projects, services, and activities, or other lawful purposes promoting general welfare. (Section 11(a))
The sangguniang panlungsod, upon majority vote of all members and subject to Book II of Republic Act No. 7160 and applicable laws, enacts ordinances levying taxes, fees and charges and prescribing rates for general and specific purposes and granting tax exemptions, incentives or reliefs. (Section 11(b))
The sangguniang panlungsod, upon majority vote of all members and subject to the Local Government Code and applicable laws, authorizes the City Mayor to negotiate and contract loans and other indebtedness. (Section 11(c))
The sangguniang panlungsod, upon majority vote of all members and subject to Book II and applicable laws, enacts ordinances authorizing floating bonds or other instruments of indebtedness to raise funds for development projects. (Section 11(d))
The sangguniang panlungsod appropriates funds for construction and maintenance or rental of buildings for City use and may, upon majority vote, authorize the City Mayor to lease public buildings held in a proprietary capacity to private parties subject to existing laws and rules. (Section 11(e))
The sangguniang panlungsod prescribes reasonable limits and restraints on use of property within City jurisdiction. (Section 11(f))
The sangguniang panlungsod adopts a comprehensive land use plan formulated, adopted or modified with the approved provincial comprehensive land use plan, and adopts a plan to develop the City as a garden city with needed parks and landscape gardening using plant and flower species inherent to the island. (Section 11(g))
The sangguniang panlungsod reclassifies land within the City subject to pertinent provisions of the Local Government Code. (Section 11(h))
The sangguniang panlungsod enacts an integrated zoning ordinance in consonance with the approved comprehensive land use plan, subject to existing laws and rules, establishes fire limits or zones in populous centers, and regulates construction, repair or modification within fire limits in accordance with the Fire Code. (Section 11(i))
The sangguniang panlungsod processes and approves subdivision plans for residential, commercial or industrial purposes and other development purposes subject to applicable national law, and collects processing fees and charges accruing entirely to the City; where approval of a national agency is required, approval cannot be withheld for more than thirty (30) days from receipt of the application, and failure to act within the period is deemed approval. (Section 11(j))
The sangguniang panlungsod, subject to the Local Government Code, grants the exclusive privilege of constructing fish corrals or fish pens, or catching bangus fry, prawn fry or kawag-kawag, or fry of any species of fish within City waters. (Section 11(k))
With concurrence of at least two-thirds (2/3) of all sanggunian members and subject to the Local Government Code’s Chapter 5, Title I, Book II, the sangguniang panlungsod grants tax exemptions, incentives or reliefs to entities engaged in community growth inducing industries. (Section 11(l))
The sangguniang panlungsod grants loans or provides grants to other local government units or to national, provincial and City charitable, benevolent or educational institutions, provided such institutions are operated and maintained within the City. (Section 11(m))
The sangguniang panlungsod regulates the numbering of residential, commercial and other buildings. (Section 11(n))
The sangguniang panlungsod regulates inspection, weighing and measuring of articles of commerce. (Section 11(o))

Legislative process and effectivity rules

The sangguniang panlungsod adopts or updates its internal rules of procedure on the first regular session after elections and within ninety (90) days thereafter. (Section 12)
The rules of procedure must cover organization of the sanggunian, election of officers, and creation of standing committees (including appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives), with committee jurisdiction and election of chairmen and members. (Section 12(a))
The rules of procedure must cover legislative process, parliamentary procedures, discipline for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions with penalties up to sixty (60) days suspension or expulsion, requiring two-thirds (2/3) concurrence for suspension or expulsion. Section 12 also provides that final conviction to imprisonment of at least one (1) year for any crime involving moral turpitude results in automatic expulsion. (Section 12)
Upon assumption of office, each sangguniang panlungsod member must make a full disclosure of business and financial interests and disclose relationships by affinity or consanguinity within the fourth civil degree with persons or entities affected by ordinances or resolutions under consideration, where such relationships may result in conflict of interest. (Section 13)
The disclosure includes stock or capital or investment ownership and contracts or agreements with persons or entities affected by the ordinance or resolution under consideration. (Section 13)
The disclosure must be in writing, submitted to the sanggunian secretary or committee secretary, and must form part of the record of proceedings. (Section 13)
The disclosure must be made before the member participates in deliberations; if no participation occurs, disclosure must be made before voting on the ordinance or resolution on second and third readings. (Section 13)
Disclosure must also be made when the member takes a position or makes a privilege speech on matters affecting business interest, financial connection or professional relationship described in the conflict-of-interest disclosure. (Section 13)

Sessions, quorum, ordinance approval and veto

The sangguniang panlungsod fixes by resolution the day, time and place of regular sessions on the first day of the session immediately following elections and must hold regular sessions with a minimum frequency of once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay. (Section 14)
Special sessions may be called by the City Mayor or by a majority of sanggunian members when public interests demand it. (Section 14)
All sanggunian sessions are open to the public unless a closed-door session is ordered by an affirmative vote of the majority of members present with quorum, for the public interest or for reasons of security, decency or morality. (Section 14)
No two (2) sessions (regular or special) may be held in a single day. (Section 14)
For special sessions, written notice must be served personally to members at their usual residence at least twenty-four (24) hours before the special session. (Section 14)
Unless concurred in by two-thirds (2/3) of members present with quorum, no other matters may be considered in a special session except those stated in the notice. (Section 14)
The sangguniang panlungsod keeps a journal and record of its proceedings, which may be published upon sanggunian resolution. (Section 14)
A quorum is constituted by a majority of all elected and qualified sanggunian members. (Section 15)
If quorum is questioned during a session, the presiding officer must call the roll immediately and announce results. (Section 15)
Where there is no quorum, the presiding officer may declare a recess until quorum is constituted, or members present may adjourn from day to day and compel attendance of absent members without justifiable cause by arresting the absent member and presenting the member for the session through designated police force assistance. (Section 15)
If still no quorum despite enforcement of attendance, no business is transacted and the presiding officer declares the session adjourned for lack of quorum upon proper motion approved by members present. (Section 15)
Every ordinance enacted and/or resolution passed must be presented to the City Mayor; if approved, the City Mayor signs each page, otherwise he vetoes and returns it with objections for sanggunian reconsideration. (Section 16)
The sangguniang panlungsod may override a veto by a two-thirds (2/3) vote of all its members, making the ordinance or resolution effective for all legal intents and purposes. (Section 16)
The City Mayor must communicate a veto within ten (10) days; otherwise the ordinance is deemed approved as if signed. (Section 16)

Veto limits and provincial review

The City Mayor may veto an ordinance on grounds it is ultra vires or prejudicial to the public welfare, and must state reasons in writing. (Section 17)
The City Mayor may veto particular items of an appropriations ordinance, an ordinance or resolution adopting a local development plan, a public investment program, or an ordinance directing payment of money or creating liability; veto affects only the objected items, and non-vetoed items take effect. (Section 17)
Vetoed items in appropriations ordinances do not take effect unless overridden; otherwise, the corresponding items in the previous year’s appropriations ordinance are deemed reenacted (if any). (Section 17)
The City Mayor may veto an ordinance or resolution only once; the sanggunian may override by a two-thirds (2/3) vote of all its members for effectiveness even without City Mayor approval. (Section 17)
Within three (3) days after approval, the secretary to the sangguniang panlungsod must forward copies of approved plans and public investment programs to the sangguniang panlalawigan for review. (Section 18)
The sangguniang panlalawigan examines copies within thirty (30) days after receipt, and may transmit documents to the provincial attorney or provincial prosecutor for prompt examination. (Section 18)
The provincial attorney or provincial prosecutor must within ten (10) days from receipt inform the sangguniang panlalawigan in writing of comments or recommendations. (Section 18)
If the sangguniang panlalawigan finds an ordinance or resolution is beyond the powers of the sanggunian, it declares it invalid in whole or in part, records the action in minutes, and advises corresponding City authorities. (Section 18)
If no action is taken by the sangguniang panlalawigan within thirty (30) days after submission, the ordinance or resolution is presumed consistent with law and valid. (Section 18)

Barangay ordinance review and disapproval enforcement

Barangay ordinances must be furnished to the sangguniang panlungsod within ten (10) days after enactment for review for consistency with law and city ordinances. (Section 19)
If the sangguniang panlungsod fails to act within thirty (30) days from receipt, the barangay ordinance is deemed approved. (Section 19)
If inconsistent, the sangguniang panlungsod must return the ordinance within thirty (30) days from receipt with comments and recommendations for adjustment, amendment or modification; the barangay ordinance’s effectivity is suspended until revisions are effected. (Section 19)
Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program after disapproval provides sufficient ground for suspension or dismissal of the official or employee concerned. (Section 20)

Ordinance and resolution effectivity and publication

Unless otherwise stated, ordinances or resolutions approving the local development plan and public investment program take effect after ten (10) days from the date a copy is posted at the bulletin board at the entrance of Samal Island City Hall and in at least two (2) conspicuous places in the City. (Section 21(a))
Posting must be done within five (5) days after approval by the secretary, with recordation of the dates of approval and posting in a book kept for the purpose. (Section 21(b))
Ordinance or resolution text must be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of the people in the City. (Section 21(b))
Main features must be published once in a local newspaper of general circulation within the City; if absent, publication is in any newspaper of general circulation. (Section 21(c))
The gist of all ordinances with penal sanctions must also be published in a newspaper of general circulation. (Section 21(c))

Disqualifications, permanent and temporary vacancies

The following persons are disqualified from running for any elective position in the City