Charter converting Valenzuela into a city

City powers and general authority

Section 3 grants the City powers that pertain to a municipal corporation, including:
- continuous succession in its corporate name;
- suing and being sued;
- having and using a corporate seal;
- acquiring and conveying real or personal property;
- entering into contracts;
- exercising other corporate powers granted to corporations.
Section 4 provides that the City shall have a common seal and may alter it at pleasure.
Section 4 empowers the City 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 the general interest;
- condemn private property for public use;
- prosecute and defend to final judgment and execution suits where the City is a party;
- exercise corporate powers for efficient governance and public welfare.

Liability and police jurisdiction

Section 5 states that neither the City nor its officials are exempt from liability for death or injury to persons or damage to property.
Section 6 provides police jurisdiction for police purposes only as coextensive with the City’s territorial jurisdiction.
Section 6 extends that police jurisdiction for water purity protection over:
- all territory within the drainage area of the City 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 of the City with the city or municipal courts of adjoining municipalities or cities to try crimes and misdemeanors committed within the drainage area or within 100 m. spaces; the court first taking cognizance has jurisdiction to the exclusion of others.
Section 6 directs that licenses issued within the stated zone/area by proper authorities of the concerned city or municipality carry fees that accrue to the treasury of that concerned city or municipality and not to the City.

City officials and appointments

Section 7 establishes city positions, including:
- 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 permits the city mayor to appoint additional offices: a city architect, city information officer, city population officer, city environment and natural resources officer, and city cooperatives officer.
Section 7 allows the City to:
- maintain existing offices not mentioned in its enumerated subsections,
- create other offices necessary to carry out City purposes, or
- consolidate office functions for efficiency and economy.
Section 7 provides that, unless otherwise provided, appointive city officials are appointed by the city mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service rules; the sanggunian must act within fifteen (15) days or the appointment is deemed confirmed.

Powers and qualifications of the mayor

Section 8 designates the city mayor as the chief executive elected at large by qualified voters of the City.
Section 8 sets eligibility for city mayor:
- at least twenty-three (23) years of age at election;
- an actual resident of the City for at least one (1) year prior to election;
- a qualified voter therein.
Section 8 provides a three (3)-year term unless sooner removed, with minimum monthly compensation corresponding to salary grade thirty (30) under Republic Act No. 6758 and its guidelines.
Section 8 requires the mayor to exercise and perform powers and duties necessary for efficient and effective governance, including those expressly granted, implied, necessary, appropriate, or incidental for general welfare.

Major mayor functions and controls

Section 8 requires the mayor to:
- determine city policy guidelines and be responsible for the program of government to the sangguniang panlungsod;
- direct formulation of the city development plan, with city development council assistance, and implement it after sanggunian approval;
- present the program of government and propose policies and projects at the opening of the regular session every calendar year and as needed.
Section 8 directs the mayor to initiate and propose legislative measures and provide needed data for sanggunian legislative functions.
Section 8 authorizes the mayor to appoint officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided in the Charter, and those the mayor is authorized by law to appoint.
Section 8 makes the mayor the City’s representative in business transactions and requires the mayor to sign bonds, contracts and obligations and other documents on authority of the sanggunian or pursuant to law or ordinance.

Emergency, administration, and reporting duties

Section 8 authorizes the mayor to carry out emergency measures during and in the aftermath of man-made and natural disasters and calamities.
Section 8 requires the mayor to ensure faithful discharge of duties by executive officials and employees and to cause administrative or judicial proceedings against officials or employees who commit offenses in performance of duties.
Section 8 authorizes the mayor to examine books, records and other documents of all City offices, officials, agents or employees, and to require national officials and employees stationed or assigned to the City to make available relevant documents except those classified as confidential.
Section 8 requires the mayor to furnish copies of executive orders to respective council chairmen within seventy-two (72) hours after issuance.
Section 8 requires the mayor to:
- visit component barangays at least once every six (6) months;
- act on leave applications and commutation of leave credits in accordance with law;
- authorize official trips outside the City not exceeding thirty (30) days;
- solemnize marriages notwithstanding any law to the contrary;
- conduct an annual palarong panlungsod featuring traditional sports and disciplines in national and international games, in coordination with the Department of Education, Culture and Sports.

Police, enforcement, and law-suppression roles

Section 8 entitles the mayor to carry the necessary firearm within territorial jurisdiction.
Section 8 provides that the mayor acts as the deputized representative of the National Police Commission, formulates the City peace and order plan, and implements it upon approval; the mayor exercises general and operational control and supervision over local police forces in accordance with Republic Act No. 6975.
Section 8 authorizes the mayor to call upon appropriate 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.

Resource generation and licensing

Section 8 requires the mayor to require each office head to prepare and submit an estimate of appropriations for the ensuing calendar year in accordance with the budget preparation process under the Local Government Code of 1991.
Section 8 requires the mayor to prepare and submit to the sanggunian for approval the executive and supplemental budgets for the ensuing calendar year as provided in the Local Government Code.
Section 8 requires the mayor to ensure taxes and other City revenues are collected and that City funds are applied to payment of expenses and settlement of City obligations in accordance with law or ordinance.
Section 8 authorizes the mayor to issue licenses and permits and suspend or revoke them for violation of the conditions under which they were issued, pursuant to law or ordinance.
Section 8 authorizes permits for charitable or welfare activities excluding prohibited games of chance or shows contrary to law, public policy and public morals, without need of approval from any national agency.

Mayor regulation of construction and resource safeguards

Section 8 authorizes the mayor to require owners of illegally constructed houses, buildings or structures to obtain necessary permits subject to fines and penalties imposed by law or ordinance, or to require changes or demolition/removal within periods prescribed by law or ordinance.
Section 8 requires the mayor to adopt measures to safeguard and conserve land, mineral, marine, forest and other resources of the City.
Section 8 requires the mayor to provide efficient and effective property and supply management, protect City funds and credits, and institute or cause proceedings for violations of ordinances in the collection of taxes, fees or charges and for recovery of funds and property.

Vice mayor and sanggunian presiding role

Section 9 creates the office of city vice mayor, elected the same manner as the city mayor and with the same qualifications; the term is three (3) years unless sooner removed.
Section 9 sets minimum monthly compensation corresponding to salary grade twenty-eight (28) under Republic Act No. 6758.
Section 9 requires the vice mayor to:
- act as presiding officer of the sangguniang panlungsod and sign warrants drawn on the city treasury for sanggunian expenditures;
- appoint sanggunian officials and employees subject to civil service law;
- assume the mayor’s office for the unexpired term in permanent vacancy;
- exercise mayor powers during temporary vacancy.

Sangguniang panlungsod composition and powers

Section 10 defines the sangguniang panlungsod as the City’s legislative body composed of:
- city vice mayor as presiding officer;
- regular sanggunian members;
- president of the City chapter of liga ng mga barangay;
- president of the panlungsod na pederasyon ng mga sangguniang kabataan;
- and sectoral representatives.
Section 10 provides for three (3) sectoral representatives:
- one (1) from women;
- one (1) from agricultural or industrial workers (determined by the sanggunian within ninety (90) days prior to local elections);
- one (1) from other sectors including urban poor, indigenous cultural communities, or disabled persons.
Section 10 requires election of regular and sectoral members in the manner provided by law; elective members must have the same qualifications as the city mayor and vice mayor, except elective candidates must be at least eighteen (18) years of age on election day.
Section 10 directs that the sangguniang panlungsod:
- approve ordinances and pass resolutions necessary for efficient and effective city government;
- review barangay ordinances and punong barangay executive orders for consistency with law and city ordinances;
- maintain peace and order and impose penalties for ordinance violations;
- impose a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one (1) year, or both, for violation of a city ordinance, at the court’s discretion.

Legislative limits, budgets, and local development

Section 10 authorizes the sangguniang panlungsod to enact ordinances and pass measures to protect inhabitants against disasters and calamities, and to provide relief services and assistance.
Section 10 mandates enactment of ordinances addressing habitual drunkenness in public places, vagrancy, mendicancy, prostitution, houses of ill repute, gambling and prohibited games of chance, fraudulent devices, drug addiction, drug dens, drug pushing, juvenile delinquency, and obscene or pornographic materials or publications, among other inimical activities.
Section 10 empowers environmental protection ordinances imposing penalties for acts that endanger the environment, including illegal logging and smuggling of logs and natural resources products and endangered species, slash-and-burn farming, pollution, and ecological imbalance.
Section 10 authorizes the sangguniang panlungsod to determine powers and duties of officials and employees, determine positions and compensation for those paid wholly or mainly from city funds, and authorize payment to qualified temporary vacancy fillers or honorarium under conditions provided by law.
Section 10 provides that when City finances allow, the sangguniang panlungsod shall provide additional allowances and benefits to judges, prosecutors, public elementary and high school teachers, and other national officials stationed in the City.

Ordinances on land use, zoning, and approvals

Section 10 requires the sangguniang panlungsod to adopt a comprehensive land use plan and to reclassify land subject to the Local Government Code.
Section 10 requires integrated zoning ordinances in consonance with the comprehensive land use plan and authorizes establishment of fire limits or zones in populous centers and regulation of construction and building modifications within those zones in accordance with the Fire Code.
Section 10 authorizes processing and approval of subdivision plans for residential, commercial or industrial purposes and other development purposes, and collection of processing fees and charges accruing entirely to the City, with a rule that approval by a national agency or office must not be withheld for more than thirty (30) days from receipt of the application; inaction within that period is deemed approval.
Section 10 requires that, with concurrence of at least two-thirds (2/3) of all sangguniang panlungsod members, the City grants tax exemptions, incentives or relief to entities engaged in community growth-inducing industries under the Local Government Code.

Additional powers: franchises and nuisance-regulation

Section 10 authorizes the sangguniang panlungsod, subject to the Local Government Code, to grant franchises and issue permits or licenses under conditions to promote general welfare.
Section 10 provides authority to fix reasonable fees and charges for city services rendered to private persons or entities.
Section 10 authorizes regulation and fixing of license fees for businesses and professions and regulation of revocation conditions.
Section 10 authorizes ordinances governing operation of public utilities owned by the City, including conditions for leasing to private persons or preferably cooperatives.
Section 10 authorizes regulation and fixing of license fees for signs, signboards, or billboards at locations where the advertised business or profession is conducted.
Section 10 authorizes and licenses the establishment, operation and maintenance of cockpits and regulation of cockfighting and commercial breeding of gamecocks, while stating that existing rights shall not be impaired.

Tricycles, ferries/markets/slaughterhouses, and preferences

Section 10 authorizes tricycle regulation and franchises within the City’s territorial jurisdiction subject to guidelines by the Department of Transportation and Communications.
Section 10 allows, upon approval by a majority vote of all members, granting a franchise to persons, partnerships, corporations or cooperatives to do business within the City, including to establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses and other allowed activities under existing laws.
Section 10 requires preference for cooperatives in the grant of such franchises.

Ordinance power over public health, safety, and entertainment

Section 10 authorizes ordinances to declare, prevent, or abate nuisances.
Section 10 authorizes ordinances requiring buildings, premises, and land to be kept and maintained in sanitary condition, imposing penalties for violations, and allowing the City to have corrective work done at the expense of the owner, administrator or tenant or requiring filling up of land to a necessary grade for proper sanitation.
Section 10 authorizes regulation of disposal of clinical and other wastes from hospitals, clinics, and similar establishments.
Section 10 authorizes regulation of establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports.
Section 10 authorizes regulation of sale, giving away, or dispensing of intoxicating malt, vino, mixed or fermented liquors at any retail outlet.

Steam boilers, amusements, and public entertainment restrictions

Section 10 authorizes regulation of steam boilers or heating devices and storage of inflammable and highly combustible materials within the City.
Section 10 authorizes regulation of entertainment and amusement facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors and other places for entertainment or amusement.
Section 10 authorizes regulation of other amusement events that disturb the community or annoy inhabitants, and authorization to suspend or suppress such activities, or prohibition of certain forms of amusement or entertainment to protect social and moral welfare.
Section 10 authorizes impounding of stray animals; regulating keeping of animals at homes or as part of a business; regulating slaughter, sale or disposition; and measures to prevent and penalize cruelty to animals.

Services, infrastructure, waterworks, and schools

Section 10 empowers ordinances for efficient delivery of basic services and facilities, including tree parks, green belts, and similar projects.
Section 10 authorizes establishment of markets and slaughterhouses or animal corrals and authorization of city government operation, plus regulation of private markets and similar buildings.
Section 10 authorizes regulation of preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products and other foodstuffs for public consumption.
Section 10 authorizes street and traffic management ordinances, including:
- lighting, cleaning and sprinkling of streets and public places;
- regulating traffic on streets and bridges;
- prohibiting encroachments or obstacles and authorizing removal when necessary for public welfare.
Section 10 authorizes establishment, repair, operation and maintenance of an efficient waterworks system, regulation of hydrants, pumps, cisterns and reservoirs, protection of water purity and quantity, extension of ordinances over drainage areas and within 100 m. of water service facilities, and fixing and collecting water charges.
Section 10 authorizes regulation of drilling and excavation for laying water, gas, sewer and other pipes and regulation of drains, sewers, cesspools, tunnels and similar structures and safety measures against hazards to life and property.
Section 10 authorizes regulation of installation, repair and construction of gas mains, electric, telegraph and telephone wires and apparatus and authorization of correction, condemnation or removal of dangerous or defective items.
Section 10 authorizes, subject to availability of funds and existing laws, establishing a city college, vocational and technical schools, and with approval of the Department of Education, Culture and Sports, fixing and collecting reasonable tuition fees and other school charges in educational institutions supported by the city government.
Section 10 requires establishment of a scholarship fund for poor but deserving students in schools within the City or for students residing within the City.

Disaster response and administrative procedure rules

Section 11 requires the sangguniang panlungsod, on the first regular session following elections and within ninety (90) days thereafter, to adopt or update internal rules of procedure.
Section 11 requires rules to include organization and election of officers, creation of standing committees (including appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives), and election of committee chairmen and members.
Section 11 requires rules to include legislative process, parliamentary procedures including discipline for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions with possible penalties:
- censure, reprimand, or exclusion;
- suspension for not more than sixty (60) days; or
- expulsion,
- with expulsion or suspension requiring concurrence of at least two-thirds (2/3) of all sanggunian members.
Section 11 mandates automatic expulsion of any member convicted by final judgment to imprisonment of at least one (1) year for a crime involving moral turpitude.

Financial interest disclosure and sessions

Section 12 requires every sangguniang panlungsod member, upon assumption to office, to submit full disclosure of business and financial interests.
Section 12 requires disclosure of any business, financial or professional relationship, or affinity/consanguinity within the fourth civil degree, with persons, firms or entities affected by ordinances or resolutions under deliberation that may result in conflict of interest.
Section 12 defines conflict of interest (in the absence of an applicable constitutional/statutory provision) as a reasonable deduction that a member may not act in the public interest due to private, pecuniary or personal considerations affecting judgment to the prejudice of service or public.
Section 12 requires written disclosure submitted to the secretary of the sanggunian or the secretary of the committee, and it must form part of the record of proceedings.
Section 12 mandates timing of disclosure:
- before the member participates in deliberations; if the member does not participate, disclosure must be made before voting on second and third readings;
- disclosure must also be made when the member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection, or professional relationship described.

Ordinance approval, veto, and effectivity

Section 13 requires the sangguniang panlungsod to fix by resolution the day, time and place of regular sessions, with minimum regular sessions of once a week for the sangguniang panlungsod.
Section 13 authorizes special sessions called by the city mayor or by a majority of sanggunian members when public interest so demands.
Section 13 requires all sessions to be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of members present, with quorum, for reasons of public interest, security, decency, or morality; no two sessions may be held in a single day.
Section 15 provides the ordinance approval process:
- every ordinance is presented to the city mayor;
- if approved, the mayor signs each and every page;
- otherwise, the mayor vetoes and returns it with written objections for sanggunian reconsideration;
- the sanggunian may override the veto by two-thirds (2/3) vote of all its members.
Section 15 requires communication of the veto within ten (10) days, otherwise the ordinance is deemed approved as if signed.
Section 16 authorizes the city mayor to veto ordinances on grounds of being ultra vires or prejudicial to public welfare, stating reasons in writing.
Section 16 authorizes itemized veto of particular items in an appropriations ordinance, an ordinance or resolution adopting the local development plan and public investment program, or an ordinance directing payment of money or creating liability; non-vetoed items remain effective; vetoed items do not take effect unless overridden; otherwise, the previous year’s corresponding appropriations item is deemed reenacted.
Section 16 limits the mayor to veto only once per ordinance; the sanggunian may override the veto by two-thirds (2/3) vote of all its members.
Section 19 provides effectivity of ordinances or resolutions:
- unless otherwise stated, take effect after ten (10) days from posting a copy in a bulletin board at the entrance of the City Hall and in at least two (2) other conspicuous places;
- the secretary must cause posting not later than five (5) days after approval;
- dissemination and posting must be in Filipino or English and in the language or dialect understood by the majority of people in the City, with recorded posting in a book noting approval and posting dates;
- main features must be published once in a local newspaper of general circulation within the City; if not possible, publish in any newspaper of general circulation;
- the gist of all ordinances with penal sanctions must also be published in a newspaper of general circulation.

Barangay ordinance review and disapproved enforcement

Section 17 requires sangguniang barangay, within ten (10) days after enactment, to furnish copies of all barangay ordinances to the sangguniang panlungsod for review for 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 ordinances are deemed approved.
Section 17 provides that if the sangguniang panlungsod finds inconsistency, it must return the ordinance within thirty (30) days with comments and recommendations for adjustment, amendment or modification; the effectivity of the barangay ordinance 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 constitutes sufficient ground for suspension or dismissal of the official or employee concerned.

Elective officer disqualifications and succession

Section 20 disqualifies from running for any elective position in the City:
- persons 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 as a result of 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 the same right after the effectivity of the Local Government Code;
- the insane or feeble-minded.
Section 21 provides succession for permanent vacancy:
- if permanent vacancy occurs in the office of city mayor, the city vice mayor concerned becomes mayor;
- if permanent vacancy occurs in the office of vice mayor, the highest ranking sanggunian member becomes mayor or vice mayor as applicable, and if incapacitated, the second highest ranking member becomes;
- tie among highest ranking members is resolved by drawing of lots.
Section 21 states the successors serve only the unexpired terms.
Section 21 defines a permanent vacancy as arising 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 21 provides ranking is determined by the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election.

Sanggunian vacancies and appointment mechanics

Section 22 provides that permanent vacancies in the sangguniang panlungsod not covered by automatic succession are filled by appointment made by the President through the Executive Secretary.
**