Charter converting Malabon into a highly urbanized city

Corporate powers, authority, and liabilities

Section 3 establishes that the City is a political body corporate with perpetual succession and powers of a municipal corporation, to be exercised under this Charter and other laws.
Section 3 gives the City corporate powers including: continuous succession in its corporate name; power to sue and be sued; power to have and use a corporate seal; power to acquire and convey property; and power to enter contracts and exercise other corporate powers subject to limitations.
Section 4 provides the City shall have a common seal and may alter it at pleasure, and recognizes the City’s power to levy taxes, and to close and open roads, streets, alleys, parks or squares subject to the Constitution and existing laws.
Section 4 authorizes the City to: take, purchase, receive, hold, lease, convey and dispose of property for public interest; condemn private property for public use; contract; prosecute and defend suits where the City is a party; and exercise other corporate powers.
Section 5 requires that the City and its officials are not exempt from liability for death or injury to persons or damage to property.

Police jurisdiction within water protection zone

Section 6 provides that the City’s police jurisdiction for police purposes only is coextensive with its territorial jurisdiction.
Section 6 extends the City’s police jurisdiction to protect the purity of the water supply over: (a) all territory within the drainage area of the water supply; and (b) territory within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct, or pumping station used in the city water service.
Section 6 provides concurrent jurisdiction between the city court of the City and city/municipal courts of adjoining municipalities or cities to try crimes and misdemeanors committed within the described drainage area or within the 100 m. spaces.
Section 6 establishes that the court first taking cognizance has jurisdiction to the exclusion of others.
Section 6 grants concurrent jurisdiction to police forces of concerned municipalities/cities with the City police force for maintaining good order and enforcing ordinances in the zone/area/spaces, but provides that licenses issued in the zone are granted by the proper authorities of the municipality/city concerned, with fees accruing to that treasury and not to the City.

City officials and appointment rules

Section 7 establishes the City government positions: city mayor, city vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant city treasurer, city assessor and assistant city assessor, city accountant, city budget officer, city planning and development coordinator, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city veterinarian, city social welfare and development officer, and city general services officer.
Section 7 provides that the city mayor may appoint: a city architect, city information officer, city population officer, city environment and natural resources officer, and city cooperatives officer.
Section 7 requires establishment of key facilities/offices: a city fire station headed by a city fire marshal, a city jail headed by a city jail warden, a city school division headed by a city school division superintendent, and a city prosecution service headed by a city prosecutor.
Section 7 authorizes the City to maintain existing offices not mentioned, create other offices as necessary, or consolidate functions of offices for efficiency and economy.
Section 7 provides that, unless otherwise provided, all appointive officials are appointed by the city mayor with the concurrence of the majority of all the sangguniang panlungsod members, subject to civil service law and rules.
Section 7 requires the sangguniang panlungsod to act within fifteen (15) days from submission; otherwise the appointment is deemed confirmed.

Mayor and vice mayor powers and limits

Section 8 makes the city mayor the chief executive of the City, elected at large by qualified City voters.
Section 8 sets mayoral qualifications: at least twenty-three (23) years of age; an actual resident of the City for at least one (1) year prior to election; and a qualified voter.
Section 8 provides the mayor’s term is three (3) years, unless removed sooner, and sets minimum monthly compensation corresponding to salary grade thirty (30) under Republic Act No. 6758 and its guidelines.
Section 8 enumerates core mayoral duties, including policy leadership and governance functions: determining guidelines of city policies; directing formulation of the city development plan with assistance of the city development council; presenting the program of government at the opening of the regular session every calendar year; initiating legislative measures; appointing officials/employees whose salaries are wholly or mainly paid out of City funds (subject to exceptions for appointments by the vice mayor under Section 9); representing the City in transactions and signing bonds/contracts/documents upon proper authority; and ensuring fidelity of executive officials/employees to law and this Charter with administrative or judicial proceedings for offenses.
Section 8 requires executive oversight actions: examining books/records/documents (with confidentiality exceptions); furnishing copies of executive orders within seventy-two (72) hours; visiting component barangays at least once every six (6) months; acting on leave applications and commutation of leave credits in accordance with law; authorizing official trips outside the City for not more than thirty (30) days; and coordinating with national officials stationed/assigned to the City, including initiating administrative or judicial actions when appropriate.
Section 8 grants public safety and police-related powers: be entitled to carry a necessary firearm within territorial jurisdiction after obtaining permits/licenses; act as deputized representative of the National Police Commission; formulate peace and order plan and implement after approval; exercise general and operational control and supervision over local police forces in accordance with Republic Act No. 6975; and call law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or to apprehend violators when public interest requires and city police forces are inadequate.
Section 8 empowers economic/administrative governance: maximize generation of resources and revenues for development plans and basic services; require office heads to prepare estimates of appropriations; prepare and submit executive and supplemental budgets for approval; ensure collection of City taxes and revenues and lawful application of city funds to expenses and obligations; issue licenses/permits and suspend/revoke for violations of license conditions; issue permits for charitable/welfare activities excluding prohibited games of chance or unlawful shows contrary to public policy and morals; require permits for illegally constructed houses/buildings/structures subject to fines/penalties under law or ordinance; safeguard/conserve land and other resources; manage property and protect City funds/credits/rights; defend the City in suits and initiate proceedings to enforce ordinance violations for tax/fee collection and recovery of funds/property.
Section 8 requires basic services delivery and coordination, including spatially contiguous national-funded road/highway works as far as practicable, and coordination of technical services and public works/infrastructure programs rendered by national offices.
Section 9 establishes that the city vice mayor is elected in the same manner as the city mayor, with the same qualifications, for a three (3) year term, and receives monthly compensation corresponding to salary grade twenty-eight (28) under Republic Act No. 6758.
Section 9 provides vice-mayor duties: preside as officer of the sangguniang panlungsod and sign warrants drawn on the city treasury for expenditures of the sanggunian; appoint officials and employees (including the secretary of the sangguniang panlungsod) subject to civil service rules and excluding those with appointment modes specifically provided by existing laws; assume the mayor’s office for unexpired term in permanent vacancy; exercise mayoral powers/duties in temporary vacancy; and perform other duties under Republic Act No. 7160 and ordinances.

Sangguniang panlungsod: composition and powers

Section 10 defines the sangguniang panlungsod as the City’s legislative body and provides composition: the city vice mayor as presiding officer; regular sanggunian members; president of the city chapter of the Liga ng mga Barangay; president of the panlungsod na pederasyon ng mga Sangguniang Kabataan; and sectoral representatives.
Section 10 establishes three (3) sectoral representatives: one (1) from women, and two (2) more, consisting of one (1) from agricultural or industrial workers as determined by the sangguniang panlungsod within ninety (90) days prior to local elections, and one (1) from other sectors including urban poor, indigenous cultural communities, or disabled persons.
Section 10 provides that regular members and sectoral representatives are elected as provided by law, must have the same qualifications as mayor/vice mayor, and must be at least eighteen (18) years of age on election day for candidates.
Section 10 authorizes compensation, emoluments, and allowances as determined by law.
Section 10 mandates legislative functions: approve ordinances and resolutions necessary for efficient city government, including review of barangay ordinances and executive orders by punong barangay for consistency with law and City ordinances; maintain peace and order; impose penalties through city ordinances not exceeding P5,000 fine or one (1) year imprisonment (or both at court discretion) for violations of city ordinances.
Section 10 requires ordinances for disaster preparedness/relief and return to productive livelihood for victims.
Section 10 authorizes city ordinances to prevent/suppress and penalize a broad list of social vices and public disorder activities, including habitual drunkenness in public places, vagrancy, mendicancy, prostitution, houses of ill-repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money/property, drug addiction, drug dens, drug pushing, juvenile delinquency, and obscene/pornographic materials/publications, plus other activities inimical to welfare and morals.
Section 10 requires environmental protection actions through ordinances, including setting aside at least ten percent (10%) of development funds for ecological balance, and authorizing penalties for harmful acts such as dynamite fishing and other destructive fishing, illegal logging, smuggling of logs and natural resources products and endangered species, slash-and-burn farming, and pollution/activities causing ecological imbalance and eutrophication.
Section 10 empowers the sanggunian to determine positions and salaries/wages/allowances of City officials and employees paid wholly or mainly from City funds; authorize payment of compensation/honorarium for temporary vacancies; ensure safety and protection of City government property and records; provide additional allowances/benefits to certain judges/prosecutors/teachers/national officials stationed or assigned in the City when finances allow; provide legal assistance to barangay officials needing judicial proceedings or defense; and create group insurance or additional insurance coverage for barangay officials (including tanod brigades and other service units) when finances allow.
Section 10 requires budget and revenue measures: approve annual and supplemental budgets and appropriate funds; enact tax ordinances, prescribe rates, and grant tax exemptions/incentives/reliefs subject to Book II of Republic Act No. 7160; authorize the city mayor to negotiate/contract loans and other indebtedness subject to Book II and upon majority vote; authorize bond floatation/instruments of indebtedness upon majority vote for development projects.
Section 10 empowers facilities governance: appropriate for buildings used by the City; authorize leasing of public proprietary buildings to private parties subject to existing laws, rules, and regulations; prescribe reasonable limits on property use; adopt comprehensive land use plan; reclassify lands subject to Local Government Code provisions; enact zoning ordinances and establish fire limits, and regulate building construction/repair/modification in those areas consistent with the Fire Code.
Section 10 provides procedures for approvals of subdivision plans for residential/commercial/industrial and other development purposes, including processing fees/changing charges accruing entirely to the City, and establishes a timing rule: where national agency approval is required, approval shall not be withheld for more than thirty (30) days from receipt of the application; failure to act within thirty (30) days is deemed approval.
Section 10 authorizes incentives and grants: with concurrence of at least two-thirds (2/3) of all sanggunian members, grant tax exemptions/incentives/reliefs to entities engaged in community growth-inducing industries subject to Local Government Code; grant loans or grants to other LGUs and to national/provincial/city charitable, benevolent, or educational institutions provided those institutions operate and are maintained within the City.
Section 10 authorizes additional regulatory ordinances: regulate numbering of buildings; regulate inspection/weighing/measuring of articles of commerce.
Section 10 requires that, subject to the Local Government Code, the sanggunian enact ordinances granting franchises and authorizing issuance of permits/licenses for general welfare by: fixing reasonable fees for services; regulating/fixing license fees for business and professions and conditions for revocation; establishing utility operating terms and leasing conditions (preferably cooperatives); regulating signs and billboards and fixing license fees; and authorizing/licensing cockpits and regulating cockfighting and gamecock breeding, with existing rights not impaired.
Section 10 authorizes tricycle regulation and franchises subject to Department of Transportation and Communications guidelines, and provides franchises may be granted by majority vote to persons/partnerships/corporations/cooperatives to do business within the City and to establish/construct/operate/manage ferries, wharves, markets, or slaughterhouses or other allowed activities, with cooperatives given preference.
Section 10 includes land/building nuisance and safety governance: declare/prevent/abate nuisances; deny or regulate location of legalized gambling by ordinance with concurrence of a majority where quorum is present; require sanitary maintenance of buildings and premises with penalties or allow City to do work at owner/administrator/tenant expense; require filling up land/premises for proper sanitation; regulate disposal of clinical/other wastes; regulate establishments including food outlets, accommodations, tourist guides, transport, and sale/dispensing of intoxicating malt/vino/mixed/fermented liquors at retail outlets; regulate steam boilers and storage of inflammable/highly combustible materials.
Section 10 authorizes regulation of entertainment/amusement facilities and events, including theatrical performances, circuses, billiard pools, public dancing schools/dance halls, sauna baths, massage parlors, and similar facilities; it authorizes suspension/suppression and prohibition of certain amusements to protect social and moral welfare.
Section 10 authorizes animal-related regulation including impounding stray animals, regulating keeping animals in homes or as part of business, slaughter/sale/disposition, and measures to prevent and penalize cruelty to animals.
Section 10 authorizes regulation of funeral parlors and burial or cremation of the dead subject to existing laws, rules, and regulations.
Section 10 authorizes ordinance actions to ensure basic services/facilities including: tree parks/green belts; markets/slaughterhouses/animal corrals and operation by the City; regulating private markets/talipapas and similar structures; regulating food preparation/sale for public consumption; regulating use of public streets and places and traffic-related infrastructure; regulating lighting/cleaning/sprinkling of streets and public places; traffic regulation; prohibiting encroachments and authorizing removal when necessary; establishing and maintaining waterworks systems, extending ordinances to drainage areas and within 100 m., regulating water consumption and wastage and collecting charges; regulating drilling/excavation for water/gas/sewer pipes and public drains/sewers and hazards; regulating gas/electric/telegraph/telephone wires, conduits, meters, and apparatus including correction/condemnation/removal when dangerous or defective; and, with availability of funds, establishing and operating city education institutions and fixing tuition/charges subject to approvals and legal tuition rules.
Section 10 requires educational governance funds: the City school board administers an education fund allocating two and a half percent (2.5%) of City Internal Revenue Allotment (IRA) for any given year or PHP 10,000,000, whichever is higher; it also provides a scholarship fund allocating one percent (1%) of City IRA for any given year or PHP 3,500,000, whichever is higher.
Section 10 provides health and public safety governance, including adopting quarantine regulations to prevent spread of diseases; requiring a solid waste/garbage collection system, prohibiting littering and placing/throwing garbage/refuse/filth and providing incentive schemes for waste/garbage recycling industries.
Section 10 provides social welfare governance including centers/facilities for disabled persons, paupers, aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children, and youth below eighteen (18) years of age, subject to availability of funds.
Section 10 mandates jail governance measures: establishing and providing for maintenance/improvement of jails and detention centers and instituting a sound jail management program including continuing education/training for jail personnel.
Section 10 authorizes culture and senior citizen institutional mechanisms: establish a city council for culture and arts with coordination with agencies/NGOs and allocate funds when available; establish a city council for the elderly to formulate policies, adopt mutually beneficial measures, provide incentives for NGOs/entities, and appropriate funds when available.

Legislative procedure, disclosures, and sessions

Section 11 requires the sangguniang panlungsod to adopt or update internal rules of procedure on the first regular session following election and within ninety (90) days thereafter.
Section 11 requires internal rules to cover: organization and election of officers and creation of standing committees (including appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives); general jurisdiction of each committee; election of chairman/members; order/calendar of business; legislative process; parliamentary procedures; discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions (including censure/reprimand/exclusion, suspension for not more than sixty (60) days, or expulsion).
Section 11 provides that suspension or expulsion requires concurrence of at least two-thirds (2/3) vote of all the sanggunian members, and provides automatic expulsion when a member is convicted by final judgment to imprisonment of at least one (1) year for a crime involving moral turpitude.
Section 12 requires each sangguniang panlungsod member, upon assumption to office, to make a full written disclosure of business and financial interest and relationships within the fourth civil degree by affinity or consanguinity that may create conflict of interest with persons/firms/entities affected by ordinances/resolutions he will consider.
Section 12 defines conflict of interest as a situation where a member may not act in the public interest due to private pecuniary or personal considerations that may affect judgment to the prejudice of service or public.
Section 12 requires written disclosure submitted to the secretary of the sanggunian or secretary of the committee, and requires disclosure to form part of the official record.
Section 12 requires the timing of disclosure before participation in deliberations; if the member did not participate, disclosure must be made before voting on second and third readings; it also requires disclosure when taking a position or making a privilege speech on matters affecting the business/financial/professional relationship.
Section 13 requires that the sangguniang panlungsod, by resolution, fix the day, time, and place of regular sessions on the first day of session immediately following election.
Section 13 requires minimum regular sessions: once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay.
Section 13 provides special sessions may be called by the city mayor or by a majority of sanggunian members, subject to written notice to members served personally at the usual residence at least twenty-four (24) hours before the special session.
Section 13 establishes public access: 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, in the public interest or for reasons of security, decency, or morality.
Section 13 prohibits holding two (2) sessions (regular or special) in a single day.
Section 13 requires a journal and recording of proceedings and allows publication upon resolution.
Section 14 sets quorum: a majority of all elected and qualified members constitutes quorum; if quorum is challenged, the presiding officer must call the roll and announce results.
Section 14 authorizes recess or adjournment for lack of quorum and allows compelling attendance of absent members without justifiable cause by designating a member assisted by a member(s) of the police force assigned in the City to arrest and present the absent member in session.
Section 14 provides that if quorum is still lacking after enforcement, no business may be transacted and the presiding officer, upon proper motion approved by members present, must adjourn for lack of quorum.

Ordinance approval, veto, barangay review, effectivity

Section 15 requires every sangguniang panlungsod ordinance to be presented to the city mayor.
Section 15 provides that if the city mayor approves, he signs each and every page; if he vetoes, he returns it with written objections for reconsideration.
Section 15 authorizes the sangguniang panlungsod to override a veto by two-thirds (2/3) vote of all its members, making the ordinance or resolution effective for all legal intents and purposes.
Section 15 provides a timing rule: veto must be communicated to the sangguniang panlungsod within ten (10) days, otherwise the ordinance is deemed approved as if signed.
Section 16 authorizes the city mayor to veto ordinances on grounds that they are ultra vires or prejudicial to public welfare, with reasons stated in writing.
Section 16 grants itemized veto power for appropriations ordinances, ordinances/resolutions adopting local development plans and public investment programs, and ordinances directing payment of money or creating liability; it provides the veto affects only objected item(s).
Section 16 provides that vetoed item(s) do not take effect unless overridden by the sangguniang panlungsod under the two-thirds (2/3) override mechanism; otherwise, the corresponding item(s) in the previous year’s appropriations ordinance is deemed reenacted.
Section 16 limits veto frequency: the city mayor may veto an ordinance or resolution only once, and the sanggunian may override even without mayor approval by the two-thirds (2/3) vote.
Section 17 requires barangay ordinances to be furnished to the sangguniang panlungsod for review within ten (10) days after enactment to determine consistency with law and City ordinances.
Section 17 provides that if the sangguniang panlungsod fails to act within thirty (30) days from receipt, the barangay ordinance is deemed approved.
Section 17 provides that if the sangguniang panlungsod finds a barangay ordinance inconsistent, it must return it within thirty (30) days from receipt with comments and recommendations for adjustment/amendment/modification, and the barangay ordinance’s effectivity is suspended until revision is effected.
Section 18 provides that any attempt to enforce an ordinance or a resolution approving the local development plan and public investment program after disapproval is a sufficient ground for suspension or dismissal of the official or employee concerned.
Section 19 provides effectivity of ordinances/resolutions: unless otherwise stated, they take effect after ten (10) days from the date a copy is posted on a bulletin board at the entrance of Malabon City Hall and in at least two (2) other conspicuous places in the City.
Section 19 requires the secretary of the sangguniang panlungsod to post not later than five (5) days after approval and to record the posting fact in a book kept for the purpose, showing approval and posting dates.
Section 19 requires the text to be disseminated and posted in Filipino or English, and to have main features posted along with posting.
Section 19 requires publication once in a local newspaper of general circulation within the City; in its absence, publication is in any local newspaper of general circulation.
Section 19 requires that the gist of ordinances with penal sanctions be published in a newspaper of general circulation.

Elective official disqualifications and succession

Section 21 disqualifies persons from running for any elective position in the City if they: were sentenced by final judgment for an offence involving moral turpitude or for an offence punishable by one (1) year or more of imprisonment within two (2) years after serving sentence.
Section 21 disqualifies persons if they were removed from office due to an administrative case; convicted by final judgment for violating the oath of allegiance; have dual citizenship; are fugitives from justice in criminal/nonpolitical cases here and abroad; are permanent residents in a foreign country or those who acquired the right to reside abroad and continue availing of it after the effectivity of the Local Government Code; or are insane and feeble-minded.
Section 21 (succession for mayor/vice mayor) provides that a permanent vacancy in the office of the city mayor results in the city vice mayor concerned becoming city mayor; if the vice mayor refuses, the highest sangguniang member becomes city mayor.
Section 21 (succession for mayor/vice mayor) provides that a