QuestionsQuestions (Republic Act No. 6051)
RA 6051 provides that San Jose City comprises the present territorial jurisdiction of the Municipality of San Jose in Nueva Ecija. The President may increase its territory by Executive Order by adding contiguous barrios or municipalities as may be necessary and desirable in the public interest.
San Jose City is a political body corporate endowed with the attribute of perpetual succession and possesses the powers of a municipal corporation, to be exercised in accordance with the Charter.
The City may have a common seal; may take, purchase, receive, hold, lease, convey, and dispose of property for its general interest; condemn private property for public use; contract; sue and be sued; and prosecute and defend suits where it is a party.
No. The City is not liable for damages or injuries arising from failure to enforce the Charter/other laws/ordinances or from negligence of the Municipal Board, Mayor, or city officers while enforcing or attempting to enforce provisions. However, an aggrieved party may file a personal action against the officials or employees for acts or omissions in the performance of duties.
For police purposes, jurisdiction is coextensive with the City’s territorial jurisdiction and extends three miles from city limits. For protecting and ensuring the purity of the city’s water supply, it extends over all territory within the drainage area of the water supply and within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service.
The City Court has concurrent jurisdiction with municipal courts of the respective municipalities to try crimes/misdemeanors committed within the drainage area (or within one hundred meters of covered facilities). The court first taking jurisdiction retains exclusive jurisdiction thereafter.
Licenses issued within the zone/area/spaces covered shall be granted by the proper authorities of the municipality concerned, and fees accrue to the treasury of that municipality, not to the City.
He must be at least 25 years old at the time of election, a resident of the City for at least five years prior to election, and a qualified voter therein.
The Mayor holds office for four years unless removed sooner. Salary is stated as twelve thousand pesos per annum, with a commutable allowance of two hundred pesos a month.
The Vice-Mayor is the presiding officer of the Municipal Board, with the same qualifications as the Mayor. In permanent vacancy of the Mayor, the Vice-Mayor becomes Mayor to complete the unexpired term. If the Vice-Mayor is temporarily incapacitated or serving as Acting Mayor, the member of the Municipal Board who received the highest votes in the last election serves as Acting Vice-Mayor. If the elected Mayor is temporarily incapacitated or the Office of the Vice-Mayor is vacant, the highest-voted Board member serves as Acting Mayor and does not perform duty as Board member while acting.
The Vice-Mayor has no right to vote except in case of a tie, and his presence is not counted in determining a quorum.
The Municipal Board consists of the Vice-Mayor as presiding officer and eight councilors elected at large by qualified voters during provincial/municipal elections under the Revised Election Code.
Examples include enforcing the Charter and ordinances; safeguarding city property/records/moneys; ensuring collection of taxes and revenues per appropriations; initiating and defending judicial proceedings to protect city interests; supervising executive officers and employees; inspecting records at least once a year; receiving petitions/complaints/claims; representing the City and signing bonds/contracts; submitting budgets; granting or refusing municipal licenses with a right to appeal to the President.
The Mayor may grant or refuse and revoke for violation of conditions or for acts prohibited by law/ordinance. Refusal must be for a valid reason. An applicant whose license/permit is refused may appeal to the President of the Philippines, whose decision is final and binding upon the Mayor.
A majority of all the members of the Board is necessary for the passage of any ordinance (also for resolutions or motions directing payment of money or creating liability). The charter provides that the affirmative vote of a majority of all members is required; other measures may prevail by majority of members present at a duly called session.
After approval by the Board, the ordinance is forwarded to the Mayor within the specified time. The Mayor returns it with approval or veto within ten days; failure to return means deemed approved. If vetoed, repassage requires two-thirds vote of all members and is forwarded to the President; if within ten days the President does not act, it is deemed approved/disposed in accordance with the Charter’s rule; if veto is returned by the President, that decision is final.
RA 6051 lists departments: (1) Department of Finance, (2) Engineering and Public Works, (3) Law Department, (4) Health Department, (5) Police Department, (6) Fire Department, and (7) Department of Assessment. The Mayor has direct control and supervision over these departments (subject to any existing law contrary).