Kabankalan City Charter Establishment

City corporate and general powers

The City may levy taxes and close roads, streets and alleys, parks or squares, subject to existing laws.
The City may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interest of the City.
The City may condemn private property for public use.
The City may contract and be contracted with, and may prosecute and defend to final judgment and execution suits where the City is a party.
The City’s officials are not exempt from liability for death or injury to persons or damage to property.

Police jurisdiction, city court, and water supply

The City’s police jurisdiction for police purposes is coextensive with its territorial jurisdiction.
For protecting and ensuring the purity of the water supply, police jurisdiction extends over:
- all territory within the drainage area of the water supply; and
- all territory within one hundred meters (100m.) of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service.
The City Court has concurrent jurisdiction with city or municipal courts of adjoining municipalities or cities to try crimes and misdemeanors committed within the drainage area or within 100 meters (100 m.) of the relevant water facilities.
The court first taking cognizance of an offense has jurisdiction to try the case to the exclusion of others.
The police forces of concerned municipalities and cities have concurrent jurisdiction with the City police for maintenance of good order and enforcement of ordinances within the defined zone, area, and spaces.
Licenses issued within the defined zone, area, or spaces are granted by the proper authorities of the concerned city or municipality, and license fees accrue to that city or municipality’s treasury, not to the City.

City officials and appointment rules

The City must have a city mayor, vice-mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer (and assistant), a city assessor (and assistant), a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city agriculturist, a city social welfare and development officer, a city environment and natural resources officer, a city architect, a city information officer, a city cooperatives officer, a city population officer, a city veterinarian, and a city general services officer.
The City may maintain existing offices not mentioned in the list, create other offices necessary for its purposes, or consolidate functions of offices in the interest of efficiency and economy.
Appointive city officials are appointed by the city mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service law, rules, and regulations.
The sangguniang panlungsod must act on appointments within fifteen (15) days from submission; otherwise, the appointments are deemed confirmed.

City mayor and vice-mayor authority

The city mayor is the chief executive of the City and is elected at large by qualified voters.
Eligibility for city mayor requires:
- at least twenty-one (21) years of age;
- actual residence in the City for at least one (1) year prior to election; and
- being a qualified voter.
The city mayor holds office for three (3) years, unless sooner removed, and receives a minimum monthly compensation corresponding to Salary Grade Thirty (30) under Republic Act No. 6758.
The city mayor must:
- determine city policy guidelines and be responsible to the sangguniang panlungsod for the program of government;
- direct city development plan formulation (with the city development council) and implement it upon approval by the sangguniang panlungsod;
- present the program of government and propose policies and projects at the opening of the regular session every calendar year and when needed;
- initiate and propose legislative measures and provide needed information for legislative functions;
- appoint officials and employees whose salaries or wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided by the charter, and appoint those he is authorized by law to appoint;
- represent the City in business transactions and sign bonds, contracts, obligations, and documents for the City upon authority of the sangguniang panlungsod or pursuant to law or ordinance;
- carry out emergency measures during and after man-made and natural disasters and calamities;
- determine the time, manner, and place of salary or wage payment in accordance with law or ordinance;
- allocate and assign office space to entitled officials and employees;
- ensure faithful discharge of duties and institute administrative or judicial proceedings for offenses in the performance of official duties;
- examine books, records, and documents of City offices, officials, agents, or employees and require national officials and employees stationed or assigned to the City to make available relevant records, except those classified by law as confidential;
- furnish copies of executive orders to the provincial governor within seventy-two (72) hours after issuance;
- visit component barangays at least once every six (6) months;
- act on leave applications of mayor-appointed officials and employees and commutation of monetary value of leave credits under law;
- authorize official trips outside the City for a period not exceeding thirty (30) days;
- call on national officials assigned to advise, coordinate, and initiate administrative or judicial action against national officials who commit offenses while assigned in the City;
- authorize payment for medical care and necessary transportation/subsistence/hospital/medical fees for city officials and employees injured in the performance of duties, subject to availability of funds;
- solemnize marriages notwithstanding any contrary legal provision;
- conduct an annual palarong panlungsod featuring traditional sports and disciplines included in national and international games, coordinated with the Department of Education, Culture and Sports;
- submit required reports to the provincial governor, including an annual report and supplemental reports when unexpected events or disasters affect the City;
The city mayor must also enforce laws and ordinances, ensure component barangays act within prescribed powers, and issue executive orders for enforcement.
The city mayor is entitled to carry a necessary firearm within territorial jurisdiction and acts as deputized representative of the National Police Commission, formulates the City peace and order plan, implements it upon approval, and exercises general and operational control and supervision over local police forces in accordance with Republic Act No. 6975.
The city mayor must act to suppress disorder, riot, lawless violence, rebellion, or sedition, and call appropriate law enforcement agencies when City police are inadequate or public interest requires.
The city mayor must maximize resource and revenue generation and apply them to development priorities, including:
- requiring office heads to submit estimates of appropriations for the ensuing calendar year under the Local Government Code budget process;
- preparing and submitting to the sangguniang panlungsod executive and supplemental budgets for the ensuing calendar year as provided in Republic Act No. 7160;
- ensuring collection of city taxes and other revenues and lawful application of city funds for expenses and settlement of obligations;
- issuing licenses and permits and suspending or revoking them for violation of issuance conditions under law or ordinance;
- issuing permits for charitable or welfare activities without need of national approval, excluding prohibited games of chance or shows contrary to law, public policy, and public morals;
- requiring owners of illegally constructed houses, buildings, or structures to secure necessary permits or make necessary changes, or to remove/demolish structures within the period prescribed by law or ordinance;
- adopting measures to safeguard and conserve land, mineral, marine, forest, and other City resources;
- providing efficient property and supply management and protecting City funds, credits, rights, and properties;
- instituting or causing proceedings for ordinance violations affecting collection of taxes, fees, or charges and for recovery of City funds and property, and defending the City against suits to protect its interests, resources, and rights;
- ensuring basic services and facilities, including coordination of road and bridge construction and repair, and coordination of technical services by national offices;
- performing other duties under Republic Act No. 7160 and by law or ordinance.
The vice-mayor is elected in the same manner as the city mayor, must have the same qualifications at election, holds office for three (3) years, unless sooner removed, and receives monthly compensation corresponding to Salary Grade Twenty-eight (28) under Republic Act No. 6578.
The vice-mayor:
- presides over the sangguniang panlungsod;
- signs warrants drawn on the city treasury for sangguniang panlungsod expenditures;
- appoints sangguniang panlungsod officials and employees subject to civil service rules, except appointments specifically provided by existing laws;
- assumes the mayor’s office for the unexpired term in permanent vacancy;
- exercises mayoral powers and duties in temporary vacancy; and
- performs other duties under Republic Act No. 7160 and by law or ordinance.

Sangguniang panlungsod legislative powers

The sangguniang panlungsod is the City legislative body composed of:
- the vice-mayor as presiding officer;
- regular sanggunian 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.
The sangguniang panlungsod includes three (3) sectoral representatives:
- one (1) from women;
- one (1) from agricultural or industrial workers; and
- one (1) from other sectors, including urban poor, indigenous cultural communities, or disabled persons.
The sanggunian determines the sectoral representation within ninety (90) days prior to local elections.
Regular members and sectoral representatives are elected as provided by law and have the same qualifications as the city mayor and vice-mayor.
Members receive a minimum monthly compensation corresponding to Salary Grade Twenty-five (25) under Republic Act No. 6758.
The sangguniang panlungsod must:
- approve ordinances and pass resolutions necessary for an efficient and effective city government, including reviewing barangay ordinances and punong barangay executive orders for consistency with prescribed powers;
- maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition, and impose penalties for violations of city ordinances;
- approve ordinances imposing a fine not exceeding PHP 5,000 or imprisonment not exceeding one (1) year, or both, at the discretion of the court, for violations of a city ordinance;
- adopt measures to protect inhabitants from man-made or natural disasters and calamities, provide relief services, and assist victims returning to productive livelihood;
- enact ordinances preventing, suppressing, and penalizing habitual drunkenness in public places, vagrancy, mendicancy, prostitution, houses of ill repute, gambling and other prohibited games of chance, fraudulent devices to obtain money or property, drug addiction, drug dens and drug pushing, juvenile delinquency, and distribution or exhibition of obscene or pornographic materials or publications, and other inimical activities;
- protect the environment by imposing penalties for endangering acts such as dynamite fishing, destructive fishing, illegal logging and smuggling of logs, smuggling of natural resource products and of endangered species, slash and burn farming, and activities causing pollution acceleration or eutrophication of creeks, rivers, and lakes, or ecological imbalance;
- determine powers and duties of city officials and employees subject to the Local Government Code and applicable laws;
- determine positions, salaries, wages, allowances, and other emoluments and benefits of officials and employees paid wholly or mainly from city funds, and provide expenditures for city programs and services;
- authorize payment of compensation or honorarium to a qualified person who fills a temporary vacancy in a concurrent capacity at the rate authorized by law;
- provide for funds and a mechanism to safeguard City property and public documents/records such as property inventories, land ownership records, and birth, marriage, and death records, assessments, taxation, accounts, business permits, and other public records;
- when finances allow, provide additional allowances and benefits to judges, prosecutors, public elementary and high school teachers, and other national officials stationed or assigned in the City;
- provide legal assistance to barangay officials facing legal actions in the performance of official duties;
- provide group insurance or additional insurance coverages for barangay officials, including members of barangay tanod brigades and other service units, when finances allow such coverage;
- maximize resources and revenues for development priorities with particular attention to agro-industrial development and city-wide growth by:
  - approving annual and supplemental budgets and appropriating funds for programs, projects, services, and activities;
  - enact ordinances levying taxes, fees, and charges and prescribing their rates, and granting tax exemptions, incentives, or reliefs, subject to Book II of the Local Government Code and applicable laws and by majority vote of all members;
  - authorize the city mayor to negotiate and contract loans and other indebtedness subject to Book II and applicable laws and by majority vote;
  - enact ordinances authorizing the floating of bonds or other instruments of indebtedness to finance development projects subject to Book II and applicable laws and by majority vote;
  - appropriate funds for construction/maintenance or rental of City buildings and authorize the city mayor, by majority vote, to lease public buildings held in a proprietary capacity to private parties subject to existing laws, rules, and regulations;
  - prescribe reasonable limits and restraints on the use of property within the City’s jurisdiction;
  - adopt a comprehensive land use plan in coordination with the approved provincial comprehensive land use plan;
  - reclassify land subject to the Local Government Code;
  - enact integrated zoning ordinances in consonance with the comprehensive land use plan, subject to existing laws and rules, establish fire limits, and regulate building construction/repair/modification within fire limits per the Fire Code;
  - subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, collect processing fees and charges accruing entirely to the City, and ensure that if national agency approval is required, approval cannot be withheld for more than thirty (30) days from receipt of the application, and failure to act within that period is deemed approval;
  - grant exclusive privilege of constructing fish corrals or fish pens, or taking/catching bangus fry, prawn fry, kawag-kawag fry, or fry of any species or fish within City waters, subject to Book II of the Local Government Code;
  - grant tax exemptions, incentives, or reliefs to entities engaged in community growth-inducing industries with the concurrence of at least two-thirds (2/3) of all members, subject to the Local Government Code;
  - grant loans or provide grants to other local government units or to national/provincial/city charitable, benevolent, or educational institutions, provided they are operated and maintained within the City;
  - regulate numbering of buildings and regulate inspection, weighing, and measuring of articles of commerce.
The sangguniang panlungsod must enact ordinances granting franchises and authorizing issuance of permits/licenses, subject to the Local Government Code, to promote general welfare, including:
- fixing and imposing reasonable fees and charges for services rendered by the city government to private persons or entities;
- regulating or fixing license fees for any business or practice of profession, including conditions for revocation of licenses;
- providing terms for operating public utilities owned by the City, and prescribing conditions for leasing them to private parties preferably cooperatives;
- regulating display of signs/signboards/billboards and fixing license fees where the profession or business is conducted;
- licensing and regulating cockpits, cockfighting, and commercial breeding of gamecocks, while protecting existing rights;
- subject to Department of Transportation and Communications guidelines, regulating tricycle operations and granting franchises for tricycle operation within the City;
- by majority vote, granting franchises to persons, partnerships, corporations, or cooperatives to do business within the City; authorizing establishment/construction/operation/maintenance of ferries, wharves, markets, slaughterhouses, bus/jeepney terminals, transloading stations, or other allowed activities; and giving cooperatives preference in franchise grants.
The sangguniang panlungsod must regulate land use and public health measures, including:
- declare, prevent, or abate nuisances;
- require sanitary maintenance of buildings, premises, and lands, impose penalties for violations, and authorize city action at the owner/administrator/tenant’s expense or require filling up land/premises to a sanitary grade upon failure to comply;
- regulate disposal of clinical and other wastes from hospitals, clinics, and similar establishments;
- regulate establishment/operation/maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and similar establishments, including tourist guides and transports;
- regulate sale, giving away, or dispensing of intoxicating malt, vino, mixed or fermented liquor at retail outlets;
- regulate steam boilers/heating devices and storage of inflammable and highly combustible materials;
- regulate amusement/entertainment facilities and events, including measures to disturb the community, annoy inhabitants, and authorize suspension/suppression or prohibition to protect social and moral welfare;
- impound stray animals; regulate keeping of animals in homes or as part of a business; regulate slaughter/sale/disposition; and adopt measures to prevent and penalize animal cruelty;
- regulate funeral parlors and burial or cremation of the dead subject to existing laws and regulations.
The sangguniang panlungsod must enact ordinances ensuring efficient delivery of basic services and facilities under Republic Act No. 7160, including:
- establish and maintain tree parks, green belts, mangroves, and similar forest development projects;
- establish markets and slaughterhouses or animal corrals and regulate construction/operation of private markets or talipapas and similar structures;
- authorize City government establishment/maintenance/operation of ferries/wharves and other structures to accelerate marine and seashore/offshore productivity;
- regulate preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption;
- regulate use of streets, avenues, alleys, sidewalks, bridges, parks, and public places, including construction/improvement/repair/maintenance of public works, bus and vehicle stops and terminals, use of privately-owned vehicles serving the public, garages and conveyances for hire, stands for public vehicles not in use, signs/awnings/awning posts, and lighting/cleaning/sprinkling of streets and public places;
- regulate traffic on all streets and bridges and prohibit encroachments/obstacles, including authorizing removal of encroachments and illegal constructions when necessary in the interest of public welfare;
- subject to availability of funds and existing laws, establish and maintain an efficient waterworks system to supply and purify water; regulate hydrants, pumps, cisterns, and reservoirs; protect purity and quantity of water; extend coverage of ordinances over the drainage area and within 100 m. of specified water facilities or watershed used in connection with the water service; and regulate water consumption/use/wastage and fix and collect charges;
- regulate drilling/excavation for laying water, gas, sewer, and other pipes and construction/repair/maintenance of public drains, sewers, cesspools, tunnels, and similar structures; regulate poles and use of crosswalks, curbs, and gutters; ensure public safety against hazards like open canals/manholes/live wires; and regulate private water closets, privies, and similar structures in buildings and homes;
- regulate placing/stringing/attaching/installing/repairing/construction of gas mains and electric/telegraph/telephone wires and related apparatus; and provide for correction/condemnation/removal when found dangerous/defective/hazardous;
- subject to availability of funds and existing laws, establish and operate vocational/technical schools and similar post-secondary institutions and, with approval of the Department of Education, Culture and Sports and subject to existing tuition fee laws, fix and collect reasonable tuition and other school charges in institutions supported by the City;
- establish a scholarship fund for poor but deserving students in schools in City jurisdiction or for students residing in the City;
- adopt quarantine regulations to prevent introduction and spread of diseases;
- provide for an efficient solid waste and garbage collection system and prohibit littering and placing/throwing garbage, refuse, and other filth and wastes;
- provide for care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and youth below eighteen (18) years of age, and establish centers/facilities for them when funds allow;
- establish and improve jails and detention centers, institute a sound jail management program, and appropriate funds for subsistence of detainees and convicted prisoners;
- establish a city council for culture and the arts to coordinate with government agencies and nongovernmental organizations and support culture and arts programs when funds allow;
- establish a city council for the elderly to formulate mutually beneficial policies/measures and provide incentives and support for programs and projects for the benefit of the elderly when funds allow.

Legislative procedure, voting, and ordinance effectivity

The sangguniang panlungsod adopts or updates its internal rules of procedure on the first regular session following election and within ninety (90) days thereafter.
The internal rules must cover organization, election of officers, standing committees (including appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives), jurisdiction of committees, and election of committee chairpersons and members.
The internal rules must cover:
- order and calendar of business;
- legislative process;
- parliamentary procedures and discipline for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions;
- sanctions for disorderly conduct/absences including censure, reprimand, exclusion, suspension for not more than sixty (60) days, or expulsion.
Suspension or expulsion requires concurrence of at least two-thirds (2/3) of all sanggunian members, and a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude is automatically expelled.
Each sangguniang panlungsod member must make a full written disclosure of business and financial interest upon assumption to office and must disclose relationships within the fourth civil degree that may create conflict of interest with persons or entities affected by ordinances or resolutions under consideration.
Disclosure must be submitted to the secretary of the sangguniang panlungsod or the secretary of the committee and must become part of the record.
Disclosure must be made:
- before the member participates in deliberations, and if the member did not participate, before voting on second and third readings; and
- when the member takes a position or makes a privilege speech on a matter affecting the disclosed business interest, financial connection, or professional relationship.
Regular sessions: the sangguniang panlungsod fixes the day, time, and place by resolution on the first day of the session immediately following election, with a minimum of once a week.
Special sessions may be called by the city mayor or by a majority of the sanggunian when public interest demands.
Sanggunian sessions are open to the public unless a closed-door session is ordered by an affirmative vote of a majority of members present with quorum, for the public interest or reasons of security, decency, or morality.
No two (2) sessions, regular or special, may be held in a single day.
Special session notice must be served personally to members at their usual residence at least twenty-four (24) hours before the special session.
Unless the sanggunian concurs by two-thirds (2/3) vote of members present with quorum, a special session may consider only matters stated in the notice.
The sanggunian keeps a journal and records proceedings, which may be published by sangguniang panlungsod resolution.
Quorum: a majority of all elected and qualified sanggunian members constitutes quorum.
If quorum is questioned, the presiding officer immediately calls the roll and announces results.
If there is no quorum, the presiding officer may declare recess, or the majority of members present may adjourn from day-to-day and compel immediate attendance of absent members without justifiable cause by designating a member assisted by police assigned in the City territorial jurisdiction to arrest the absent member and present him at the session.
If there is still no quorum, no business may be transacted; upon proper motion approved by members present, the presiding officer must declare the session adjourned for lack of quorum.
Ordinance approval: every ordinance is presented to the city mayor; if approved, he signs each page; if vetoed, he returns it with written objections for reconsideration.
The sangguniang panlungsod may override the city mayor’s veto by two-thirds (2/3) vote of all its members to make the ordinance or resolution effective.
The city mayor must communicate veto within ten (10) days; otherwise, the ordinance is deemed approved as if signed.
Veto grounds and items: the city mayor may veto ordinances on grounds of being ultra vires or prejudicial to the public welfare, stating written reasons.
The city mayor may veto particular items in:
- appropriations ordinances;
- ordinances or resolutions adopting a local development plan and public investment program; and
- ordinances directing payment of money or creating liability.
Item veto does not affect items not objected to; vetoed items take effect only if overridden in the manner for veto override, otherwise corresponding items from the previous year appropriations ordinance are deemed reenacted (if any).
The city mayor may veto an ordinance or resolution only once, and the sangguniang panlungsod may override with two-thirds (2/3) vote to make the ordinance effective even without city mayor approval.
Review of City ordinances: within three (3) days after approval, the secretary to the sangguniang panlungsod forwards approved ordinances and resolutions approving local development plans and public investment programs to the sangguniang panlalawigan for review.
The sangg