Corporate Character and Legal Powers
- Bacolod is a political body corporate with perpetual succession.
- Has powers typical of a municipal corporation including property management, contracting, suing, and condemnation.
City Seal and Property Rights
- The city shall have a common seal.
- It may acquire, hold, lease, convey, and dispose of properties for public interest.
Liability of the City
- The city is not liable for damages from failure or negligence in enforcing laws or ordinances by the Mayor or City Council.
Police Jurisdiction
- Bacolod's police jurisdiction extends 3 miles offshore and 2.5 miles surrounding on land.
- Jurisdiction extends within water supply drainage areas.
- Police of neighboring municipalities have concurrent jurisdiction in said zones.
- Licensing within these zones remains with municipal authorities whose fees accrue to their treasuries.
Relations with Provincial Government
- Bacolod remains part of the Second Assembly District of Occidental Negros for election purposes only.
- The provincial government has no direct jurisdiction except as provided in the charter.
- The provincial board must allocate an annual appropriation of at least ₱50,000 to Bacolod's general fund.
Chief Executive: The Mayor
- The Mayor is appointed by the President with the Commission on Appointments' consent.
- Salary set at ₱6,000 annually; may receive extra allowance with Interior Secretary's approval.
- Acting Mayor duties fall to the city engineer or treasurer; the President may appoint a substitute.
Mayor's Powers and Duties
- Enforce laws and ordinances.
- Safeguard city property and ensure revenue collection.
- Initiate judicial proceedings to protect city interests.
- Supervise city officers, inspect records and provide annual budget.
- Grant or revoke municipal licenses per law.
- Exercise veto power with override by 2/3 Council vote.
- Make appointments and emergency measures during calamities.
Secretary to the Mayor
- Acts as chief clerk.
- Secretary to tax appeals and other boards.
- Maintains civil registry of births, marriages, and deaths.
Public Works Execution
- City engineer manages construction and maintenance.
- Contracts may be awarded through public bidding, with deposits and bond requirements.
- Bids are published and opened publicly; Mayor may reject bids and call for new ones.
City Council Composition and Organization
- Includes Mayor, city engineer, city treasurer, and six councilors (2 presidential appointees and 4 elected).
- Mayor presides; meetings held weekly and open to the public unless otherwise decided.
- Quorum is a majority; ordinances require majority vote; veto override requires 2/3 vote.
- Ordinances posted publicly and take effect after 10 days unless vetoed.
City Council Secretary
- Elected by Council; keeps records and journals.
- Publishes ordinances in local languages and official language.
- Issues certified copies upon request.
Appropriations and Provincial Board Oversight
- Council enacts appropriation ordinances.
- Failure to pass results in reenactment of previous year's budget.
- Provincial Board must approve appropriations within 10 days; failure to act results in deemed approval.
- Disapproval may be appealed to Interior Secretary.
Powers and Duties of the City Council
- Authority to levy taxes and fixes fees.
- Maintain public schools and buildings.
- Regulate police, fire zones, building construction, public health and safety, and amusement venues.
- Control commerce-related licenses and businesses.
- Regulate transportation, utilities, streets, markets, animal control, nuisances, and public welfare.
- May enact ordinances with penalties up to ₱200 fine and/or six months imprisonment.
Restrictions on Signs and Billboards
- Prohibits commercial signs on public lands/buildings.
- Mayor may order removal of offensive signs after due notice.
- Failure to comply results in removal at owner's expense and forfeiture to the city.
City Departments and Officials
- Departments include engineering and public works, law, finance, police, and others as established.
- Municipal Court established with a Judge and Auxiliary Judge.
City Engineer Duties
- Oversees surveying, engineering work, construction, inspection, and maintenance of city infrastructure.
- Regulates private docks and water systems.
- Authorized to order removal of dangerous buildings.
- May levy fees for sanitation and transportation services.
Municipal Court Powers
- Judges have jurisdiction similar to justices of the peace with territorial scope over police zone.
- Fines and fees benefit city treasury.
- Concurrent jurisdiction with provincial courts on police zone crimes.
City Attorney Role and Powers
- Chief legal adviser, prosecutes civil and criminal cases for the city.
- Investigates misconduct and franchise compliance.
- Can summon and examine witnesses under oath.
- Handles investigations of unexplained deaths.
- Qualification requires at least 5 years' legal practice for city attorney.
Chief of Police Duties
- Command police and detective forces.
- Maintain order, arrest offenders, and execute court processes.
- Manage city prison and detainees.
Peace Officers and Special Police
- Police and city officers have authority to enforce laws and arrest within jurisdiction.
- Mayor may appoint special police during disturbances with powers equivalent to insular force.
City Treasurer Responsibilities
- Collects all taxes, licenses, rents, fines.
- Keeps all city funds and disburses upon lawful warrants.
- Must account in compliance with government accounting laws.
City Assessor Functions
- Annually assesses and values taxable real property.
- Authorized to administer oaths, summon witnesses.
- Maintains property lists, hears complaints, adjusts assessments.
- Until separate department created, duties performed by City Treasurer.
Board of Tax Appeals
- Composed of City Council members, chaired by the Mayor.
- Sworn members hear property tax disputes and correct assessments.
Tax Exemptions
- Properties of U.S., Philippine government, city, province, religious, charitable, scientific, educational uses exempt, except if held for profit.
Real Estate Taxation
- Annual ad valorem tax up to 2% on assessed value.
- Payment deadlines with penalties for late payment (up to 24%).
- Partial payments allowed; provisions for payment under protest.
Tax Collection Procedures
- City Treasurer may seize and auction personal property for unpaid taxes.
- Sales effected with proper notice; purchaser obtains indefeasible title.
- Taxes assessed create lien on property superior to other encumbrances.
Tax Sale and Redemption
- Delinquent real estate advertised and sold at public auction.
- Taxpayer may redeem property within one year by paying taxes, penalties, costs, and interest.
- Unsold properties forfeited to city after one year.
Legal Remedies and Suits
- Tax assessment is lawful debt enforceable by civil suit.
- Suit challenging tax validity requires payment under protest.
- Irregularities in tax process are not grounds for invalidation absent substantial rights violation.
Department Heads
- In charge of respective departments under Mayor supervision.
- Certify pay rolls.
- Submit annual budget estimates and periodic reports.
Appointment and Removal of City Officials
- President appoints key officers: Mayor, judges, engineer, treasurer, attorney, police chief.
- Mayor appoints other employees, and may suspend or remove with appeal to Interior Secretary.
- Salaries fixed with minimum amounts prescribed.
Prohibitions for City Officers
- Forbidden from engaging in transactions with city or accepting favors beyond public norms.
General Auditing and Purchasing
- Auditor General audits city accounts.
- Purchasing Agent procures city supplies excluding real estate.
Education Administration
- City under supervision of Director of Education and Provincial Superintendent.
- Local School Board established.
- School reports made annually to Mayor.
City Health Officer Duties
- Supervises public health and sanitation.
- Enforces health laws and ordinances.
- May enlist police and other inspectors.
Tax Allotments
- City receives share of national internal revenue as if a province.
Special Assessments for Public Improvements
- Council may levy special tax up to 60% of cost to benefited real estate.
- Ordinance describing improvements and assessment districts required.
- Public notice and hearing mandated before adoption.
- Assessments billed and collected like regular taxes.
Transitional Provisions
- City government organized upon appointment of Mayor and Council.
- Territory ceases to be under provincial jurisdiction once organized.
- City Council assumes election duties of provincial boards and municipal councils.
- Bacolod remains as provincial capital for residential purposes until law provides otherwise.
Effectivity
- Act takes effect immediately upon approval.