QuestionsQuestions (Republic Act No. 10160)
RA 10160 converts the Municipality of Bacoor, Cavite into a component city known as the City of Bacoor, comprising the municipality’s present territory, and sets its governing charter provisions.
It provides that conversion is without prejudice to any boundary dispute; the disputed area’s territorial jurisdiction remains with the local government unit that has existing administrative supervision until final resolution.
It is a political body corporate with perpetual succession and powers of a municipal corporation, including the powers to sue and be sued, use a corporate seal, acquire and dispose of property, enter into contracts, and exercise other powers subject to limitations in the charter or law.
Among others: levy taxes/fees/charges; open/close roads and other public places; expropriate private property for public use; contract; prosecute/defend suits; and exercise powers granted to municipal corporations.
The City and its officials are not exempt from liability for death or injury to persons or damage to property.
Police jurisdiction for general police purposes is coextensive with City territory; for protecting water purity, it extends over the drainage area of the water supply and within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with city water service.
The City court has concurrent jurisdiction with adjoining city/municipal courts to try crimes and misdemeanors committed within the drainage area (or within 100 meters). The court first taking cognizance has jurisdiction to the exclusion of others.
Article II provides for: city mayor, city vice mayor, sangguniang panlungsod members, secretary to SP, city treasurer, city assessor, city accountant, city budget officer, city planning/development officer, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city social welfare and development officer, city veterinarian, and city general services officer.
Heads are appointed by the city mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service rules. The SP must act within 15 days or the appointment is deemed confirmed.
The mayor must be a Philippine citizen, at least 21 years old, a resident of the City for at least 1 year prior to election, a qualified voter, and able to read and write Filipino or any other local language/dialect.
The city mayor holds office for 3 years and may serve not more than 3 consecutive terms.
The mayor determines guidelines of city policies, is responsible for the program of government, directs formulation of the development plan (with development council and SP approval), presents the program of government to the SP, initiates legislative measures, and enforces laws and ordinances.
The mayor may veto an ordinance on grounds it is ultra vires or prejudicial to the public welfare, stating reasons in writing. The mayor may veto an ordinance or resolution only once.
By a two-thirds (2/3) vote of all SP members, thereby making the ordinance effective even without the mayor’s approval.
Within 3 days after approval, the SP secretary forwards ordinances/resolutions for review. The sangguniang panlalawigan has 30 days to examine or transmit for legal examination. Provincial attorney/prosecutor comments must be submitted within 10 days. If no action is taken within 30 days, the ordinance/resolution is presumed consistent with law.
Unless otherwise stated, the ordinance takes effect after 10 days from posting on the bulletin board at the City Hall entrance and in at least two other conspicuous places, posted not later than 5 days after approval; main features must also be published once in a local newspaper of general circulation, and penal provisions must be published as well.