Conversion of Victorias to a Component City

Corporate powers and municipal liability

Section 3 establishes that the City is a political body corporate with perpetual succession and corporate powers of a municipal corporation, exercised in conformity with the Charter and other laws.
Section 3 grants the City corporate powers to: (a) continue under its corporate name; (b) sue and be sued; (c) have and use a corporate seal; (d) acquire and convey real or personal property; (e) enter into contracts; and (f) exercise other corporate powers subject to this Act and other laws.
Section 4 empowers the City to exercise municipal governance functions including the power to levy taxes and close and open roads, streets, alleys, parks or squares, subject to the Constitution and existing laws.
Section 4 authorizes the City to condemn private property for public use; to contract; to prosecute and defend suits to final judgment and execution where the City is a party; and to exercise powers as conferred by law.
Section 5 provides that the City and its officials are not exempt from liability for death or injury to persons or damage to property.

Police jurisdiction and concurrent courts

Section 6 provides that police jurisdiction for the City for police purposes is coextensive with the City’s territorial jurisdiction.
Section 6 extends the City’s police jurisdiction, for protecting and ensuring the purity of the City’s water supply, over: (a) all territory within the drainage area of the City water supply, and (b) within one hundred (100) meters of any reservoir, conduit, canal, aqueduct or pump station used in connection with the City water service.
Section 6 grants the City Court of the City concurrent jurisdiction with city or municipal courts of adjoining municipalities or cities to try crimes and misdemeanors committed within the specified drainage area or within the specified one hundred (100) meters.
Section 6 provides that the court first taking cognizance has jurisdiction to the exclusion of others.
Section 6 provides concurrent jurisdiction for police forces of concerned municipalities and cities to maintain good order and enforce ordinances in the specified zone, area, or spaces, while requiring that licenses issued within the zone/area/spaces must be granted by the proper authorities of the concerned city or municipality, with fees accruing to that treasury.

City officers and appointment rules

Section 7 creates the City government officers including: city mayor, 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, and city social welfare and development officer, city general services officer, and city agriculturist.
Section 7 allows the city mayor to appoint additional offices: city architect, city information officer, city population officer, city environment and natural resources officer, and city cooperatives officer.
Section 7 allows the City to (1) maintain existing offices not mentioned in Sections 7(a) and 7(b), (2) create other necessary offices, or (3) consolidate office functions for efficiency and economy.
Section 7 requires that, unless otherwise provided, all appointive city officials are appointed by the city mayor with the concurrence of the majority of all the sangguniang panlungsod members, subject to civil service law; the sanggunian must act within fifteen (15) days from submission or the appointments are deemed confirmed.

Mayor and vice mayor powers and qualifications

Section 8(a) makes the city mayor the chief executive elected at large by qualified voters of the City.
Section 8(a) sets mayoral eligibility: at least twenty-one (21) years of age; an actual resident of the City for at least one (1) year prior to election; and a qualified voter.
Section 8(a) fixes the mayor’s term at three (3) years, unless sooner removed, and provides a minimum monthly compensation corresponding to salary grade thirty (30) under Republic Act No. 6758 and its implementing guidelines.
Section 8(b) assigns the mayor extensive executive duties including: setting guidelines of city policies and being responsible to the sangguniang panlungsod for the program of government; directing city development plan formulation with assistance of the city development council; proposing the program of government annually; initiating legislative measures; appointing officials and employees whose salaries are wholly or mainly paid from city funds when appointments are not otherwise provided in the Charter; representing the City in business transactions and signing bonds/contracts/obligations and other documents subject to authority of the sangguniang panlungsod or existing laws/ordinances.
Section 8(b) grants the mayor additional specific powers and duties, including emergency measures during and after disasters and calamities; setting time/manner/place of payment of salaries/wages; allocating office space; ensuring faithful discharge of duties and causing proceedings against offenders; examining City books/records and requiring national officials stationed/assigned to furnish records except confidential matters; furnishing copies of executive orders within seventy-two (72) hours; visiting component barangays at least once every three (3) months; acting on leave applications and commutation under law; authorizing official trips outside the City for not exceeding thirty (30) days; authorizing medical and related payment for officials/employees injured in official duties subject to funds; solemnizing marriages; and submitting annual reports to the provincial governor and the President with supplemental reports during unexpected events, especially disasters or calamities.
Section 8(b) authorizes the mayor to carry a necessary firearm within territorial jurisdiction if duly licensed by the Philippine National Police, acts as a deputized representative of the National Police Commission, and exercises general and operational control and supervision over local police forces in accordance with Republic Act No. 6975 upon approval of the peace and order plan.
Section 9(a) provides that the vice mayor is elected in the same manner as the mayor, with the same qualifications, serves three (3) years, and receives a minimum monthly compensation corresponding to salary grade twenty-six (26) under Republic Act No. 6758.
Section 9(b) makes the vice mayor presiding officer of the sangguniang panlungsod, signing warrants drawn on the city treasury for sanggunian expenditures; appointing sanggunian officials/employees subject to civil service law except appointments specifically provided by existing laws; assuming the mayor’s office for permanent vacancy for the mayor; exercising mayor powers for temporary vacancy; and performing other duties/powers under Republic Act No. 7160 and ordinances.

Legislative body composition and lawmaking powers

Section 10(a) establishes the sangguniang panlungsod as the City’s legislative body composed of: city vice mayor (presiding officer); ten (10) 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(b) sets the number and types of sectoral representatives at three (3): one (1) from women; one (1) from agricultural or industrial workers (determined by the sanggunian within ninety (90) days prior to local elections); and one (1) from other sectors including the urban poor, indigenous cultural communities, or disabled persons.
Section 10(c) provides that regular members and sectoral representatives are elected as provided by law, must possess the same qualifications as mayor/vice mayor, and candidates for these positions must be at least eighteen (18) years of age on election day.
Section 10(d) provides minimum monthly compensation corresponding to Salary Grade Twenty-Five (25) under Republic Act No. 6785 and implementing guidelines.
Section 10(e) requires the sangguniang panlungsod to approve ordinances and pass resolutions for an efficient and effective city government and grants enumerated legislative powers including: reviewing barangay ordinances and punong barangay executive orders for scope of power; maintaining peace and order and imposing penalties for ordinance violations; approving city 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; adopting disaster-prevention and relief measures; and enacting ordinances against specified social ills and environmental harms.
Section 10(e) also empowers the sangguniang panlungsod to: determine city positions, salaries, wages, allowances, emoluments and benefits of officials/employees paid wholly or mainly from city funds; authorize compensation/honoraria for temporary vacancies; ensure safety of City property and public records; provide additional allowances when finances allow to judges, prosecutors, public elementary and high school teachers, and other national officials stationed in the City; provide legal assistance to barangay officials; and provide group insurance or additional coverage for barangay officials including members of barangay tanod brigades and other service units when finances allow.
Section 10(e) further empowers the sangguniang panlungsod for development and local governance, including: approving annual and supplemental budgets and appropriating funds; levying taxes/fees/charges and granting tax exemptions/incentives/relief upon required voting; authorizing loans and bonds for development projects subject to statutory limits; and adopting comprehensive land use plans, zoning ordinances, and land reclassification subject to applicable law.
Section 10(e) grants additional legislative and regulatory authority including: processing and fees for subdivision plans with a deemed approval rule if national agency approval is not acted upon within thirty (30) days from receipt; granting exclusive privileges for fish corrals/pens and catching or taking specific fry within city waters; granting tax exemptions/incentives for community growth-inducing industries with concurrence of at least two-thirds (2/3) of all members; granting loans/grants to qualified institutions operating and maintaining within the City; regulating building numbering and inspection/weighing/measuring of articles of commerce.
Section 10(e) authorizes ordinances granting franchises and issuing permits/licenses to promote general welfare, including setting fees for city services; regulating business/practice licenses and revocation conditions; operating city-owned public utilities and leasing them (preferably to cooperatives); licensing signboards and billboards with fees; authorizing and licensing cockpits and regulating cockfighting and commercial breeding of gamecocks while not prejudicing existing rights; regulating tricycle operations and granting franchises subject to DOTC guidelines; and granting franchises and authorization to construct/operate ferries, wharves, markets, or slaughterhouses, with cooperatives given preference.
Section 10(e) authorizes regulation for land/buildings/structures including: declaring/preventing/abating nuisances; requiring sanitary conditions; regulating disposal of clinical wastes; regulating food and entertainment establishments; regulating retail dispensing of intoxicating malt, vino, mixed or fermented liquors; regulating steam boilers and storage of inflammable/highly combustible materials; impounding stray animals and regulating animal keeping and cruelty; and regulating funeral parlors and burial/cremation subject to existing laws.
Section 10(e) also requires ordinances ensuring efficient delivery of basic services and facilities, including: communal forests and watersheds, markets and slaughterhouses; ferries/wharves; food preparation and sale; street/public place regulation and construction/lighting/cleaning/sprinkling; traffic regulation; establishment and maintenance of waterworks and water purity protections within one hundred meters (100m.) of relevant water assets; regulation of underground works, drains, sewers, cesspools, and hazard safety measures; regulation of wires and hazardous apparatus and their condemnation/removal; and establishment of vocational/technical schools and scholarship funds, quarantine regulations, solid waste/garbage systems, care for disadvantaged groups, and jail/detention centers—plus creating city councils for culture and the arts and for the elderly with corresponding policy and program support.

Internal legislative processes and ordinance approvals

Section 11(a) requires the sangguniang panlungsod to adopt or update its internal rules of procedure on the first regular session after election of its members and within ninety (90) days thereafter.
Section 11(a) requires the rules of procedure to cover committee organization and creation (including committees on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives), order/calendar of business, legislative process, parliamentary procedures and member conduct, discipline for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, and other rules.
Section 11(a)(5) authorizes censure, reprimand, exclusion, suspension for not more than sixty (60) days, or expulsion, with suspension/expulsion requiring a two-thirds (2/3) concurrence of all sanggunian members; a member convicted by final judgment for imprisonment of at least one (1) year for a crime involving moral turpitude is automatically expelled.
Section 12(a) requires every sangguniang panlungsod member, upon assumption to office, to make a full written disclosure of business and financial interests and relationships within the fourth civil degree of affinity/consanguinity with persons, firms, or entities affected by any ordinance or resolution under consideration that may create a conflict of interest.
Section 12(b) requires disclosure in writing to the secretary of the sanggunian or secretary of the committee, and it must form part of the record, made before participation in deliberations (or before voting on second and third readings if no participation occurred), and also when a member takes a position or makes a privilege speech on a matter affecting the specified business/financial/professional relationships.
Section 13(a) requires that the sangguniang panlungsod fix by resolution the day, time, and place of regular sessions on the first day of the session immediately following election; regular sessions must be held at least once a week.
Section 13(b) allows special sessions when public interest demands, called by the city mayor or by a majority of the sanggunian members.
Section 13(c) requires sessions be open to the public unless a closed-door session is ordered by affirmative vote of a majority of members present with quorum, in the public interest or for reasons of security, decency, or morality; no two sessions may be held in a single day.
Section 13(d) requires written notice to members for special sessions served personally at the usual residence at least twenty-four (24) hours before the session, and limits consideration at special sessions to matters stated in the notice unless two-thirds (2/3) of members present concur with quorum.
Section 13(e) requires the sangguniang panlungsod to keep a journal and record of proceedings, which may be published by resolution.
Section 14(a) provides quorum rules: a majority of all elected and qualified members constitutes quorum; if a quorum question is raised, the presiding officer must call the roll immediately and announce results.
Section 14(b) permits recess if no quorum, or adjournment from day to day with power to compel attendance of an absent member without justifiable cause by designating a member of the sanggunian assisted by a police member to arrest and present the absent member.
Section 14(c) states that if there is still no quorum after enforcement, 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(a) provides ordinance/resolution approval mechanics: every ordinance/resolution passed must be presented to the city mayor; if approved, the mayor signs each page; if vetoed, the mayor returns with objections for reconsideration; the sangguniang panlungsod may override a veto by a two-thirds (2/3) vote of all its members, making the measure effective for legal intents and purposes.
Section 15(b) requires the veto communication within ten (10) days; otherwise the ordinance is deemed approved as if signed.
Section 16(a) authorizes mayoral veto on ground the ordinance is ultra vires or prejudicial to public welfare, requiring written reasons.
Section 16(b) allows item veto for particular items in appropriation ordinances, ordinances adopting local development plans, public investment programs, or ordinances directing payment of money or creating liability; the veto does not affect unobjected items, and vetoed items do not take effect unless overridden as provided; if not overridden, corresponding items in the previous year appropriations ordinance are deemed reenacted.
Section 16(c) restricts mayoral veto to only once per ordinance/resolution, and provides that override is by two-thirds (2/3) vote of all sanggunian members, making it effective even without mayor approval.
Section 17(a) requires the sangguniang panlungsod secretary to forward within three (3) days after approval copies of approved ordinances and resolutions approving local development plans and public investment programs to the sangguniang panlalawigan for review.
Section 17(b) provides that within thirty (30) days after receipt, the sangguniang panlalawigan examines documents or transmits them to the provincial attorney or, if none, the provincial prosecutor for prompt examination; the provincial attorney/prosecutor must inform it in writing within ten (10) days of receipt.
Section 17(c) requires that if the sangguniang panlalawigan finds the ordinance/resolution beyond the powers conferred, it declares it invalid in whole or in part and advises City authorities; it must record its action in the minutes.
Section 17(d) creates a presumption of validity if the sangguniang panlalawigan takes no action within thirty (30) days after submission.
Section 18(a) requires sangguniang barangay to furnish copies of all barangay ordinances to the sangguniang panlungsod within ten (10) days after enactment for consistency review with law and City ordinances.
Section 18(b) provides that if the sangguniang panlungsod fails to act within thirty (30) days of receipt, barangay ordinances are deemed approved.
Section 18(c) provides that if inconsistent ordinances are found, the sangguniang panlungsod must return them within thirty (30) days of receipt with comments and recommendations for adjustment, amendment, or modification; effectivity of barangay ordinances is suspended until revision is effected.
Section 19 makes any attempt to enforce an ordinance or resolution approving local development plan and public investment program after disapproval a sufficient ground for suspension or dismissal of the concerned official or employee.
Section 20(a) sets ordinance/resolution effectivity: unless otherwise stated, ordinances and resolutions approving local development plan and public investment program take effect after ten (10) days from date a copy is posted on the bulletin board at the entrance of the city hall and in at least two (2) other conspicuous places in the City.
Section 20(b) requires the secretary to post not later than five (5) days after approval, disseminate and post the text in Filipino or English and in the language/dialect understood by the majority of people, and record posting dates in a book kept for the purpose.
Section 20(c) requires publication of the main features once in a local newspaper of general circulation within the province; if none exists, publication is in any newspaper of general circulation; and it mandates publication of the gist of all ordinances with penal sanctions in a newspaper of general circulation.

Disqualifications and succession rules

Section 21 disqualifies from running for any elective position in the City: those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence; those removed from office due to an administrative case; those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines; those with dual citizenship; fugitives from justice in criminal or nonpolitical cases here and abroad; permanent residents in a foreign country or those who acquired the right to reside abroad and continue to avail of it after the effectivity of the Local Government Code; and the insane or feeble-minded.
Section 22(a) provides that permanent vacancy in the office of city mayor causes the city vice mayor concerned to become city mayor; permanent vacancy in the office of vice mayor causes the highest ranking sangguniang panlungsod member (or, if permanently incapacitated, the second highest ranking member) to become city mayor or vice mayor accordingly; subsequent vacancies are filled automatically by other sanggunian members by ranking.
Section 22(b) provides that ties among highest ranking sanggunian members are resolved by drawing of lots.
Section 22(c) limits successors to serving only the unexpired term of predecessors and defines permanent vacancy when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed, voluntarily resigns, or is otherwise permanently incapacitated to discharge functions.
Section 22 defines ranking in the sanggunian based on the proportion of votes obtained by each winning candidate to total registered voters in the City in the immediately preceding local election.
Section 23(a) provides that permanent vacancies in the sangguniang panlungsod not covered by automatic succession are filled by appointment: (1) provincial governor appoints; (2) only nominee of the political party under which the member was elected is eligible, and nomination plus certificate of membership from the highest official of the political party are conditions sine qua non, with any appointment without them null and void ab initio and a ground for administrative action; (3) if the vacancy is caused by a member not belonging to any political party, the city mayor appoints upon recommendation of the sangguniang panlungsod; and (4) youth and barangay representation vacancies are filled automatically by the official next in rank of the organization concerned.
Section 24(a) provides that when the city mayor is temporarily incapacitated for physical or legal reasons such as leave, travel abroad, and suspension, the city vice mayor or highest ranking sanggunian member automatically exercises mayor powers and performs duties except appointment/suspension/dismissal of employees, which may be exercised only if incapacity exceeds thirty (30) working days.
Section 24(b) requires termination of temporary incapacity upon submission to the sangguniang panlungsod of the city mayor’s written declaration that the mayor reported back; if due to legal causes, the mayor must submit documents showing legal causes no longer exist.
Section 24(c) allows written designation of an officer-in-charge when the mayor travels within the country outside territorial jurisdiction for not more than three (3) consecutive days, specifying powers/functions except appointment/suspension/dismissal.
Section 24(d) provides that if the mayor fails or refuses to issue such authorization, the vice mayor or highest ranking member assumes powers/duties on the fourth day of absence subject to the limitations in Section 24(c).
Section 24(e) prohibits authorization for any other local official to assume powers/duties/functions other than the vice mayor or highest ranking sanggunian member as the case may be.

Appointive officials: secretary and treasurer

Section 25(a) provides for a secretary to the sangguniang panlungsod who is a career official with rank and salary equal to a head of department and is appointed by the city vice mayor.
Section 25(b) sets qualification requirements for the secretary: Filipino citizen; resident of the City of Victorias; good moral character; college degree preferably in law, commerce or public administration from a recognized college/university; and first grade civil service eligible or equivalent.
Section 25(c) assigns the secretary functions including attending sanggunian meetings and keeping journal; keeping and affixing the City seal to ordinances/resolutions and official acts and presenting them for presiding officer signature; forwarding enacted ordinances to the city mayor for approval; furnishing approved ordinances/resolutions to the sangguniang panlungsod in accordance with Section 56, Book I of the Local Government Code; furnishing certified copies to interested parties upon payment of fees prescribed by ordinance to the city treasurer; recording in a book ordinances/resolutions with dates of passage and publication; keeping non-confidential records open to the public during usual business hours; translating and publishing ordinances/resolutions immediately after approval in the manner required by the Local Government Code; taking custody of local archives and where applicable the local library and accounting annually; and performing other Local Government Code duties/powers and those prescribed by law or ordinance.
Section 26(a) provides that the city treasurer is appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service laws/rules/regulations.
Section 26(b) places the city treasurer under the administrative supervision of the city mayor, with regular reporting to the mayor on City tax collection efforts.
Section 26(c) sets treasurer qualification requirements: Filipino citizen; resident of the City of Victorias; good moral character; college degree preferably in commerce, public administration or law; first grade civil service eligible or equivalent; and at least five (5) years experience in treasury or accounting service.
Section 26(d) provides that the city treasurer receives compensation, emoluments, and allowances as determined by law.
Section 26(e) requires the city treasurer to take charge of the treasury office and includes duties to advise officials on disposition of local government funds and public finance matters; take custody and manage City funds; take charge of disbursement of all City funds and entrusted funds; inspect private commercial and industrial establishments for tax ordinance implementation; maintain and update the City’s tax information system; and perform other duties and functions under law.

Jurisdiction limits, enactment and implementation notes

**Republic Act No. 848