Question & AnswerQ&A (Republic Act No. 8983)
The official title is the "Charter of the City of Bayawan" as provided in Section 1 of the Act.
The territorial jurisdiction is defined within the present metes and bounds of the Municipality of Bayawan in Negros Oriental as described in Section 2, including boundaries by rivers, municipalities, provinces, and the Sulu Sea.
The city has continuous succession, can sue and be sued, use a corporate seal, acquire and convey property, enter contracts, and exercise other powers subject to laws.
The elective officials include the city mayor and city vice mayor, both elected at large, holding office for three years unless sooner removed (Section 8 and 9).
They must be at least 21 years old, an actual resident of the City of Bayawan for at least one year before the election, and a qualified voter of the city (Section 8).
It comprises the city vice mayor as presiding officer, ten regular sangguniang panlungsod members, presidents of the city chapter of the liga ng mga barangay and panlungsod na pederasyon ng mga sangguniang kabataan, and three sectoral representatives from women, agricultural or industrial workers, and other sectors (Section 10).
The city mayor can appoint officials and employees paid from city funds, except those appointable by the vice mayor, and ensure faithful discharge of duties, initiate administrative or judicial actions, among others (Section 8).
The mayors can veto an ordinance on grounds of ultra vires or prejudice to public welfare, including partial veto on appropriations. The sangguniang panlungsod may override the veto by two-thirds vote (Sections 15 and 16).
Disqualifications include prior final conviction for crimes involving moral turpitude or penalties of one year or more within 2 years after serving sentence, removal from office, dual citizenship, fugitive status, permanent foreign residency, insanity, among others (Section 21).
The city vice mayor assumes the office; if the vice mayor refuses, the highest ranking sangguniang panlungsod member assumes. For a vacancy in the vice mayor's office, succession is by the highest ranking sangguniang members (Section 22).
The city treasurer must be a citizen, resident, college graduate with experience, appointed by the Secretary of Finance from mayor’s nominees. Duties include managing funds, disbursement, tax collection efforts, and other finance functions (Section 26).
They review barangay ordinances for consistency with law and city ordinances, may approve by inaction after 30 days, or return them with recommendations suspending effectivity until adjustments are made (Section 18).
At least once per week for the sangguniang panlungsod and at least twice a month for sangguniang barangay (Section 13).
They continue in force within the City of Bayawan until amended or repealed by a city ordinance (Section 51).
No increase in local tax rates shall be imposed by the city within five years from the acquisition of corporate existence (Section 57).
Republic Act No. 7160, the Local Government Code of 1991, and other laws applicable to component cities apply so long as they are not inconsistent with this Act (Section 59).
Present municipal elective officials continue exercising powers until a new election is held and officials qualified; appointive officials are absorbed automatically by the city government (Section 53).
Must be a Filipino citizen, resident of Bayawan, member of the Bar with 5 years practice. Duties include legal representation, drafting ordinances, investigating misconduct, prosecuting civil actions, and advising the mayor and sangguniang panlungsod (Section 37).
To formulate integrated development plans, conduct continuing studies and research, coordinate programs, monitor implementation, and promote people’s participation in planning for socioeconomic development (Section 32).
Ordinances must be presented to the mayor for approval or veto; after approval, they shall be posted on official bulletin boards and published in local newspapers within 5 days, and take effect 10 days after posting unless otherwise specified (Section 15 and 20).