Charter converting Tandag to component city

Corporate powers and general legal powers

Section 3 establishes that the City is a political body corporate with perpetual succession and endowed with municipal corporate powers exercisable under this Charter and laws.
The City has the power of continuous succession in its corporate name; to sue and be sued; and to have and use a corporate seal.
Section 3 authorizes the City to acquire, hold, and convey real or personal property and to enter into contracts and agreements.
Section 4 grants general powers, including authority to levy taxes and to close and open roads, streets, alleys, parks or squares for public interests.
Section 4 authorizes the City to expropriate or condemn private property for public use and to prosecute and defend suits wherein the City is involved or interested.

Liability and police jurisdiction boundaries

Section 5 provides that the City and its officials are not exempt from liability for death or injury to persons or damage to property.
Section 6 provides that the City’s police jurisdiction for police purposes only is coextensive with its territorial jurisdiction.
Section 6 extends police jurisdiction to protect and ensure the purity of the water supply, covering all territory within the drainage area of the water supply or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct, or pumping station used for city water service.
Section 6 grants concurrent jurisdiction to the City court to try crimes and misdemeanors committed within the drainage area or within 100 m. of specified water facilities; the court first taking cognizance tries the case to the exclusion of others.
Section 6 provides concurrent police jurisdiction with the police of concerned municipalities and cities for maintaining good order and enforcing ordinances throughout the described zone/area/spaces.
Section 6 directs that licenses issued within the described zone/area/spaces shall be granted by the proper authorities of the city or municipality concerned; corresponding fees accrue to the treasury of that city or municipality, not to the City.

City government officers and appointments

Section 7 establishes the following City officials: 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 officer, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city social welfare and development officer, city veterinarian, city general services officer, city cooperatives officer, and city building officer.
The city mayor may appoint: a city environment and natural resources officer, city architect, city information officer, city population officer, and city agriculturist.
Section 7 mandates establishment of a city fire station headed by a city fire marshal, a city jail headed by a city jail warden, and a city schools division headed by a superintendent.
Section 7 authorizes the sangguniang panlungsod to maintain existing offices not mentioned, create necessary offices, or consolidate office functions for efficiency and economy.
Section 7 requires that, unless otherwise provided, heads of departments and offices are appointed by the city mayor with concurrence of the majority of all sangguniang panlungsod members, subject to civil service law and rules; the sanggunian must act within fifteen (15) days from submission, otherwise the appointment is deemed confirmed.

City mayor powers, qualifications, compensation

Section 8 designates the city mayor as chief executive of the City, elected at large by qualified voters.
Section 8 sets mayoral eligibility: at least twenty-one (21) years of age, an actual resident of the City for at least one year prior to election, and a qualified voter.
Section 8 sets term length at three years, unless sooner removed, with minimum monthly compensation corresponding to Salary Grade Thirty (30) under Republic Act No. 6758.
Section 8 empowers the city mayor to exercise express powers granted by law and those necessarily implied or essential for efficient, effective, economical governance and general welfare, including ensuring executive administration within prescribed legal limits.
Section 8 requires the city mayor to direct formulation of the city development plan with assistance from the city development council and implement it upon approval by the sangguniang panlungsod.
Section 8 requires the city mayor to present the program of government and propose policies and projects at the opening of the regular session of the sangguniang panlungsod every calendar year and as needed.
Section 8 mandates annual visits to component barangays at least once every six months, and requires furnishing executive orders to the Office of the President and the Office of the Secretary of the Interior and Local Government within seventy-two (72) hours.
Section 8 provides key executive actions, including:
- initiating and proposing legislative measures and furnishing required information and data;
- appointing officials and employees whose appointment is not otherwise provided for in the Charter and those authorized by law;
- representing the City in transactions and signing bonds, contracts, and obligations on behalf of the City pursuant to sangguniang panlungsod authority or law;
- carrying out emergency measures during and after man-made and natural disasters and calamities;
- ensuring collection of taxes and application of City funds for authorized expenses and obligations in accordance with law or ordinance;
- issuing licenses and permits and suspending or revoking them for violations of conditions, pursuant to law or ordinance;
- issuing permits for charitable or welfare activities without national agency approval, excluding prohibited games of chance or shows contrary to law, public policy, and public morals;
- requiring owners of illegally constructed houses/buildings/structures to obtain permits, make changes, or submit to demolition/removal within periods prescribed by law or ordinance;
- enforcing laws and ordinances, ensuring barangays act within their powers, and issuing executive orders;
- being deputized representative of the National Police Commission and exercising general and operational control and supervision of police forces in the City in accordance with Republic Act No. 6975;
- calling law enforcement agencies to suppress disorder, riot, lawless violence, rebellion, or sedition, or apprehend violators when public interest requires and local police are inadequate;
- ensuring delivery of basic services and providing adequate facilities;
- coordinating implementation of technical services rendered by national offices, including public works and infrastructure;
- performing duties and exercising additional powers under the Local Government Code of 1991 and laws or ordinances.
Section 8 requires the city mayor, during incumbency, to hold office in the city hall.

Vice mayor duties and succession functions

Section 9 establishes the city vice mayor elected in the same manner as the city mayor with the same qualifications.
Section 9 sets vice mayor term at three years unless sooner removed, with monthly compensation corresponding to Salary Grade Twenty-six (26) under Republic Act No. 6758.
Section 9 provides that the city vice mayor presides over the sangguniang panlungsod and signs warrants drawn on the city treasury for expenditures appropriated for sangguniang panlungsod operations.
Section 9 authorizes the vice mayor, subject to civil service law, rules, and regulations, to appoint officials and employees of the sangguniang panlungsod except those with specific appointment modes under existing laws.
Section 9 provides that the vice mayor assumes the office of the city mayor for the unexpired term upon permanent vacancy, and exercises mayoral powers and performs duties during temporary vacancy.
Section 9 requires performance of other duties and exercise of other powers under the Local Government Code of 1991 and laws or ordinances.

Sangguniang panlungsod composition and legislative authority

Section 10 provides that the sangguniang panlungsod is the City’s legislative body composed of: the city vice mayor (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.
Section 10 provides for three sectoral representatives: one from women; one from the agricultural or industrial workers determined by the sangguniang panlungsod within ninety (90) days prior to local elections; and one from other sectors including urban poor or disabled persons.
Section 10 provides that regular members and sectoral representatives are elected in the manner provided by law.
Section 11 authorizes the sangguniang panlungsod to enact ordinances, approve resolutions, and appropriate funds for general welfare under Section 16 and corporate powers under Section 22 of the Local Government Code of 1991.
Section 11 requires the sangguniang panlungsod to approve ordinances and pass resolutions for efficient and effective city government, including specific governance responsibilities such as peace and order, emergency/disaster measures, and environmental protection.
Section 11 sets a City ordinance penalty authorization: a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one year, or both, at the discretion of the court, for violation of a city ordinance.
Section 11 authorizes environmental protection actions by setting aside at least ten percent (10%) of development funds for ecological balance and imposing penalties for endangering environment-related acts.
Section 11 directs governance functions such as determining officers’ duties under law; determining positions and salaries/wages/benefits paid wholly or mainly from City funds consistent with Republic Act No. 6758; authorizing compensation for temporary vacancy fill-ins at authorized legal rates; and providing mechanisms and funds for safety of public documents/records.
Section 11 provides additional powers including:
- providing legal assistance to barangay officials in proceedings arising from official duties;
- providing group or additional insurance coverage for barangay officials when finances allow;
- generating and maximizing resources for development plans with attention to agro-industrial development and growth;
- approving annual and supplemental budgets and appropriating funds for City purposes consistent with law;
- enacting tax ordinances and granting tax exemptions/incentives/relief subject to Book II of the Local Government Code of 1991, by majority vote;
- authorizing the city mayor to negotiate loans/indebtedness subject to majority vote, with publication of loan applications and terms in a newspaper of general circulation in the City before approval, and providing approved loan contracts to residents requesting copies upon payment of reasonable fees;
- authorizing floating of bonds/instruments of indebtedness for development projects subject to publication and resident access to contracts upon request and payment of reasonable fees;
- controlling property use through reasonable limits and restraints;
- adopting a comprehensive land-use plan in coordination with provincial plans, reclassifying lands, and enacting integrated zoning ordinances, fire limits, and regulation of building construction/repair/modification within fire limits in accordance with the Fire Code;
- processing subdivision plans for residential, commercial, industrial, and other development purposes subject to national law, and collecting processing fees and charges accruing entirely to the City, with national approvals not withheld beyond thirty (30) days from receipt, after which approval is deemed if no action is taken;
- controlling fishing and related activities within City rivers and waters;
- granting tax exemptions/incentives/relief to entities engaged in community growth-inducing industries with concurrence of at least two-thirds (2/3) of all members;
- granting loans or providing grants to other local government units or charitable/benevolent/educational institutions if operated and maintained within the City, and subject to this Charter’s conditions;
- regulating numbering of buildings and inspection, weighing, and measuring of articles of commerce;
- granting franchises and issuing permits/licenses to promote general welfare under terms set by ordinance, including fixing reasonable fees and charges for city services and regulating or fixing license fees for business and professions and conditions for revocation;
- regulating public utilities owned by the City, including leasing to private persons/entities preferably cooperatives;
- regulating signs, signboards, and billboards and fixing license fees at places where advertising is conducted;
- authorizing and licensing cockpits and regulating cockfighting and commercial breeding of gamecocks, subject to preservation of existing rights;
- regulating tricycles and granting franchises within the City’s territorial jurisdiction subject to guidelines of the Department of Transportation and Communications;
- granting franchises to persons, partnerships, corporations, or cooperatives for activities allowed by existing laws, with preference to cooperatives;
- regulating nuisances, gambling entry/location by ordinance, sanitation of buildings/premises, disposal of clinical waste, establishments such as cafes/restaurants/beerhouses/hotels/motels/inns/pension houses/lodging houses and related tourist services and transport, and regulation of retail sale/giving/dispensing of intoxicating malt, vino, mixed or fermented liquors;
- regulating steam boilers/heating devices and storage of inflammable and highly combustible materials;
- regulating entertainment/amusement facilities and events, including suspension/suppression or prohibition of certain forms for social and moral welfare;
- impounding stray animals, regulating keeping of animals in homes or as part of business, regulating slaughter/sale/disposition, and adopting measures to prevent and penalize cruelty to animals;
- regulating funeral parlors and burial or cremation of the dead subject to existing laws and rules;
- ensuring basic services and facilities delivery, including tree parks/greenbelts, markets/slaughterhouses/animal corrals by the City, regulation of private markets/talipapas, and establishment/operation of ferries/wharves/structures for marine life productivity;
- regulating preparation and sale of foods for public consumption;
- regulating use of public places, establishing/regulating vehicle stops and terminals, garages and conveyances for hire, regulation of street signs/awnings, and lighting/cleaning/sprinkling of streets and public places;
- regulating traffic, prohibiting encroachments, and authorizing removal of encroachments and illegal constructions for public welfare;
- establishing and maintaining waterworks systems subject to existing laws and providing for purification, hydrants/pumps/cisterns/reservoirs regulation, extending ordinance coverage over water drainage and within 100 m., and regulating water consumption/use/wastage and water charges;
- regulating ground drilling/excavation for utilities, drains/sewers/cesspools/tunnels, hazards to safety, and construction/use of private water closets/privies and similar structures;
- regulating gas mains and electric telegraph/telephone wires and related apparatus, and providing for correction/condemnation/removal when dangerous;
- subject to funds and laws, establishing vocational/technical schools and—upon DepEd/CHED/Technical Education and Skills Development Authority approvals—fixing and collecting reasonable tuition fees and other charges, subject to existing laws on tuition fees;
- establishing scholarship funds for poor but deserving students in schools located within City jurisdiction or for students residing in the City;
- adopting quarantine regulations to prevent introduction/spread of diseases;
- establishing and implementing solid waste/garbage collection and disposal, and prohibiting littering or placing/throwing garbage, refuse, and filth/wastes;
- providing for care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children, and other needy/disadvantaged persons—particularly children and youth below eighteen (18) years of age—and establishing centers/facilities subject to availability of funds;
- establishing jails and detention centers, instituting a sound jail management program, and appropriating funds for subsistence of detainees and convicted prisoners;
- establishing a city council to promote culture and the arts, and a city council for the elderly and senior citizens with incentives and funded support for programs/projects when finances allow.
Section 11 sets minimum monthly compensation for sangguniang panlungsod members at Salary Grade Twenty-five (25) under Republic Act No. 6758.

Sangguniang panlungsod internal rules and conduct

Section 12 requires the sangguniang panlungsod to adopt or update its rules of procedure on the first regular session after the election of its members and within ninety (90) days thereafter.
Section 12 mandates rules to cover organization, election of officers, and creation of standing committees including appropriations, revenues, engineering and public works, education and health, women and family, human rights, youth and sports development, environmental protection, peace and order and traffic, and cooperatives.
Section 12 requires rules to set the legislative process, parliamentary procedures (including conduct during sessions), and discipline for disorderly behavior and absences without justifiable cause for four consecutive sessions.
Section 12 authorizes sanctions for disorderly behavior/absences: censure, reprimand, or exclusion; suspension for not more than sixty (60) days; or expulsion.
Section 12 requires two-thirds (2/3) vote of all sanggunian members for suspension or expulsion.
Section 12 provides automatic expulsion for members convicted by final judgment to imprisonment of at least one year for any crime involving moral turpitude.

Financial interest disclosure and conflicts concept

Section 13 requires every sangguniang panlungsod member, upon assumption to office, to make full disclosure of business and financial interests.
Section 13 requires disclosure of relationships by affinity or consanguinity within the fourth civil degree and any business/financial/professional relationship with any person, firm, or entity affected by an ordinance or resolution under consideration, where conflict of interests may arise.
Section 13 requires disclosure to include: ownership of stock/capital or investment in an entity/firm to which the ordinance or resolution may apply; and contracts or agreements with any person or entity which the ordinance or resolution may affect.
Section 13 defines “conflict of interest” as generally one where it may be reasonably deduced the member may not act in the public interest due to private, pecuniary, or other personal considerations affecting judgment to the prejudice of service or the public.
Section 13 requires disclosure in writing and submission to the secretary of the sangguniang panlungsod or secretary of the committee where the member serves.
Section 13 requires the disclosure to form part of the record of proceedings, with timing requirements:
- before participation in deliberations on the ordinance or resolution;
- if the member does not participate, before voting on second and third readings;
- when the member takes a position or makes a privilege speech on a matter affecting the described business/financial/professional relationship.

Sessions, public access, quorum, and special sessions

Section 14 requires the sangguniang panlungsod to fix, by resolution, the day, time, and place of sessions on the first day of the session immediately following the election of its members.
Section 14 provides that the minimum number of regular sessions is once a week.
Section 14 authorizes special sessions when public interest so demands, called by the city mayor or by a majority of sanggunian members.
Section 14 mandates that all 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 public interest or reasons of security, decency, or morality.
Section 14 prohibits holding more than one session (regular or special) in a single day.
Section 14 requires written notice for special sessions to be served personally to members at their usual residence at least twenty-four (24) hours before the session.
Section 14 restricts special-session business unless supported by a two-thirds (2/3) vote of members present, with quorum, limiting consideration to matters stated in the notice.
Section 14 requires the sangguniang panlungsod to keep a journal and record of proceedings, which may be published by majority resolution.
Section 15 sets quorum as a majority of all elected and qualified sangguniang panlungsod members.
Section 15 requires calling the roll and announcing results if quorum is challenged.
Section 15 allows a recess if quorum is lacking, or adjournment from day to day, and authorizes compelling immediate attendance of absent members by designating a member of the sanggunian assisted by police assigned within City territorial jurisdiction to arrest and present the absent member when there is no quorum.
Section 15 bars transacting any business if quorum still cannot be established; the presiding officer must then adjourn for lack of quorum upon proper motion approved by members present.

Ordinance approval, veto, and effectivity mechanics

Section 16 requires every ordinance to be presented to the city mayor; if approved, the city mayor signs each and every page.
Section 16 provides that if the city mayor vetoes an ordinance, the veto must be returned with objections to the sangguniang panlungsod for reconsideration.
Section 16 authorizes override of a city mayor veto by a two-thirds (2/3) vote of all sangguniang panlungsod members, making the ordinance/resolution effective for all legal intents and purposes.
Section 16 requires that the veto be communicated within ten (10) days; otherwise, the ordinance is deemed approved as if signed.
Section 17 provides the city mayor may veto an ordinance on the ground it is ultra vires or prejudicial to the public welfare, with reasons stated in writing.
Section 17 authorizes itemized vetoes of particular items of appropriation ordinances, ordinances adopting local development plans, public investment programs, and ordinances directing payment of money or creating liability; vetoed items do not take effect unless overridden, and non-vetoed items remain effective.
Section 17 provides that if vetoed items in an appropriations ordinance are not overridden, the corresponding items from the previous year are deemed enacted.
Section 17 limits the city mayor’s veto power to vetoing once for any ordinance or resolution; the sanggunian may override by two-thirds (2/3) vote of all members even without city mayor approval.
Section 18 provides that within three days after approval, the secretary to the sangguniang panlungsod forwards copies of approved ordinances and resolutions approving local development plans and public investment programs to the sangguniang panlalawigan for review.
Section 18 sets review periods: the sangguniang panlalawigan examines within thirty (30) days after receipt or transmits for prompt examination to the provincial attorney or provincial prosecutor.
Section 18 requires the provincial attorney or provincial prosecutor, within ten (10) days from receipt, to inform the sangguniang panlalawigan in writing of comments or recommendations.
Section 18 provides that if the sangguniang panlalawigan finds an ordinance/resolution beyond the sangguniang panlungsod’s power, it declares it invalid in whole or in part and enters its action in minutes, advising City authorities.
Section 18 provides a presumption of validity if no action is taken within thirty (30) days after submission.
Section 19 sets barangay ordinance review: within ten (10) days of enactment, the sangguniang barangay furnishes copies to the sangguniang panlungsod for review for consistency with law and City ordinances.
Section 19 provides that if the sangguniang panlungsod does not act within thirty (30) days from receipt, the barangay ordinance is deemed approved.
Section 19 provides return-with-comments procedure: if found inconsistent, the sangguniang panlungsod returns it within thirty (30) days from receipt with comments/recommendations for adjustment/amendment/modification, and barangay ordinance effectivity is suspended until revisions are made.
Section 20 makes attempts to enforce disapproved ordinances or resolutions a ground for suspension or dismissal of the concerned official or employee.
Section 21 provides ordinance/resolution effectivity rule: unless otherwise stated, it takes effect after ten (10) days from the date a copy is posted at the entrance of Tandag City Hall and in at least two (2) other conspicuous places in the City.
Section 21 requires the sangguniang panlungsod secretary to cause posting not later than five (5) days after approval.
Section 21 requires dissemination and posting in Filipino or English and in the native language or dialect used by the majority of City residents, with the secretary recording such fact in a dedicated book stating dates of approval and posting.
Section 21 requires main features of duly enacted ordinances/resolutions to 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 requires the gist of all ordinances with penal sanctions to be published in a newspaper of general circulation.

Succession of elective city officials

Section 22 provides that a permanent vacancy in the office of city mayor makes the city vice mayor become city mayor.
Section 22 provides that a permanent vacancy in the city vice mayor office makes the highest ranking sangguniang panlungsod member become city vice mayor, or the second highest ranking member if the highest is permanently incapacitated.
Section 22 provides that if both city mayor and city vice mayor offices have permanent vacancies, the first and second highest ranking sanggunian members become city mayor and city vice mayor, respectively, subject to permanent incapacity rules.
Section 22 provides that subsequent vacancies in these offices are filled automatically by other sanggunian members according to ranking as defined by the Charter.
Section 22 resolves ties in ranking by drawing of lots.
Section 22 limits successors to serving only the unexpired terms of predecessors.
Section 22 defines permanent vacancy as arising when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge functions.
Section 22 defines sanggunian ranking based on the proportion of