QuestionsQuestions (Republic Act No. 9389)
RA 9389 converts the Municipality of Baybay into a component city known as the City of Baybay, comprising the present territory of the municipality and governed within the existing metes and bounds.
It preserves existing boundary disputes or territorial jurisdiction cases by providing that the disputed areas remain under the local government unit that has existing administrative supervision until final resolution.
The city is a political body corporate with perpetual succession and powers typical of municipal corporations, including to sue and be sued, use a corporate seal, acquire/hold/convey property, enter contracts, and exercise other powers subject to the charter and laws.
To levy taxes; open/close roads and public spaces; acquire and dispose of property; expropriate for public use; contract and litigate; prosecute/defend suits; and generally exercise municipal/corporate powers.
No. RA 9389 expressly states that the City and its officials are not exempt from liability for death or injury to persons or damage to property.
For police purposes, it is coextensive with its territorial jurisdiction and extends specifically for protecting and ensuring purity of the city water supply, including the drainage area and within 100 meters of reservoirs, conduits, canals, aqueducts, or pumping stations used for the city water service.
The city court has concurrent jurisdiction with courts of adjoining municipalities/cities to try crimes and misdemeanors committed within the drainage area or within 100 meters of water-supply facilities; the court first taking cognizance has jurisdiction to the exclusion of others.
They include the city mayor, city vice mayor, sangguniang panlungsod members, sangguniang panlungsod secretary, city treasurer and assistant treasurer, city assessor and assistant 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.
Unless otherwise provided, heads of departments and offices 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 15 days or the appointment is deemed confirmed.
The mayor must be at least 21 years old at election, an actual resident of the City for at least one year prior, and a qualified voter. He holds office for 3 years unless sooner removed.
The city vice mayor is the presiding officer of the sangguniang panlungsod and signs warrants drawn on the city treasury for sanggunian expenditures; he also assumes mayoral powers/functions in temporary/permanent vacancy scenarios per the charter.
It includes the city vice mayor (presiding officer), regular sanggunian members, president of the city chapter of the Liga ng mga Barangay, president of the panlungsod na pederasyon ng SK, and sectoral representatives (including three sectoral: women; agricultural/industrial workers; and other sectors such as urban poor or disabled persons).
Within 90 days after the first regular session following the election of its members, the sangguniang panlungsod must adopt or update its rules of procedure, including organization, calendar of business, legislative process, parliamentary procedures, discipline of members, and other rules.
Each member must submit written disclosure of business/financial interests and related interests within the 4th civil degree that may be affected by ordinances/resolutions, submitted to the secretary of the sanggunian or committee; it must be made before the member participates in deliberations (or before voting on second/third readings if no participation), and it forms part of the official record.
The sangguniang panlungsod submits ordinances to the city mayor; if approved, the mayor signs each page; if vetoed with written reasons, it is returned for reconsideration. The sanggunian may override by a 2/3 vote of all its members.
If no action is taken within 30 days after submission to the sangguniang panlalawigan, the ordinance/resolution is presumed consistent with law and valid.