QuestionsQuestions (Republic Act No. 10163)
RA No. 10163 is titled the “Charter of the City of Cabuyao.” It converts the Municipality of Cabuyao in the Province of Laguna into a component city to be known as the City of Cabuyao.
The City’s territorial jurisdiction is within the present metes and bounds of the Municipality of Cabuyao. This is without prejudice to resolutions by the appropriate agency/forum on boundary disputes; the disputed area remains under the local government unit with existing administrative supervision until final resolution.
The City has corporate powers such as: continuous succession in its corporate name; sue and be sued; have and use a corporate seal; acquire/hold/convey real or personal property; enter into contracts/agreements; and exercise other powers prerogatives or authority subject to limitations in the Charter and other laws.
The City may levy taxes, fees, and charges; close/open roads and public spaces; acquire and dispose of property; expropriate private property for public use; contract; prosecute/defend suits; and exercise powers granted to municipal corporations and those conferred in the Charter.
No. It states that the City and its officials are not exempt from liability for death or injury to persons or damage to property.
Police jurisdiction is coextensive with the City’s territorial jurisdiction, and for water protection it extends over territory within the drainage area of the City’s water supply or within 100 meters of reservoirs, conduits, canals, aqueducts, or pumping stations used in connection with city water service.
The City Court has concurrent jurisdiction with courts of adjoining municipalities/cities. The court first taking cognizance has jurisdiction to the exclusion of others, and police forces in the concerned municipalities/cities also have concurrent jurisdiction for enforcing ordinances in that zone/area. Licenses issued within the zone accrue to the proper city/municipality that grants them, not to the City of Cabuyao.
RA 10163 provides for a city mayor, city vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer, city 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, and city general services officer.
Unless otherwise provided, the heads of departments/offices are appointed by the city mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service law. The sanggunian must act within 15 days; otherwise, 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 and a qualified voter, able to read and write Filipino or any local language/dialect. The term is 3 years and the mayor may serve not more than 3 consecutive terms.
Examples include: setting city policy guidelines and being responsible for the program of government; directing city development plan formulation and implementation after sanggunian approval; presenting the annual program of government; appointing certain city officials/employees; representing the City and signing bonds/contracts; implementing emergency measures during disasters; enforcing laws/ordinances; issuing executive orders; managing revenues and budgets (in coordination with the sanggunian/LGU processes); and submitting required reports to the provincial governor.
The vice mayor is the presiding officer of the sangguniang panlungsod and signs warrants drawn on the city treasury for expenditures appropriated for the sanggunian’s operation.
It includes the city vice mayor (presiding officer), 10 regular sanggunian members, the president of the city chapter of the Liga ng mga Barangay, the president of the panlungsod federation of the Sangguniang Kabataan, and 3 sectoral representatives: one from the women sector, one from the agricultural or industrial workers sector, and one from the other sectors (including urban poor, ICCs, or persons with disabilities) as determined by the sanggunian within 90 days prior to local elections.
Quorum is a majority of all elected and qualified members. If quorum is raised and none exists, the presiding officer may declare a recess or the members may adjourn and compel immediate attendance of absent members. If still no quorum, no business is transacted and the presiding officer declares the session adjourned for lack of quorum.