QuestionsQuestions (Republic Act No. 9017)
The Municipality of Cauayan is converted into a component city known as the City of Cauayan, comprising the present territory of the municipality, with its territorial jurisdiction determined by the metes and bounds stated in the Act. The city becomes a political body corporate with attributes of perpetual succession and the powers of a municipal corporation, subject to the Charter and existing laws.
It is within the present metes and bounds of the former Municipality of Cauayan, bounded by the adjoining municipalities and described by detailed bearings and distances, subject to change upon execution and approval of cadastral survey. Existing boundary disputes or territorial jurisdiction cases are not prejudiced.
It means that despite the metes-and-bounds description in the Charter, existing boundary disputes and cases involving questions of territorial jurisdiction between the City of Cauayan and adjoining LGUs remain to be resolved by the appropriate agency or forum; the Charter’s description does not decide those disputes.
The City has perpetual succession in its corporate name; can sue and be sued; may have and use a corporate seal; can acquire, hold and convey real or personal property; can enter contracts/agreements; and may exercise other powers, prerogatives or authority subject to the limitations in the Act or other laws.
No. Section 5 expressly provides that the City and its officials are not exempt from liability for death or injury to persons or damage to property.
For police purposes only, it is coextensive with the City’s territorial jurisdiction and also extends over all territory within the drainage area of the City water supply or within 100 meters of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water service.
RA 9017 grants concurrent jurisdiction to the RTCs and city courts of Cauayan with the RTCs and metropolitan/city/municipal trial courts of adjoining municipalities to try crimes and misdemeanors committed within the drainage area or within the 100-meter space. The court first taking jurisdiction retains exclusive jurisdiction.
The Charter lists: city mayor, city vice mayor, sangguniang panlungsod members, secretary to the sanggunian, city treasurer and assistant, city assessor and assistant, city accountant, city budget officer, city planning and development coordinator, 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 agriculturist, city cooperatives officer, and an environment and natural resources officer—plus optional appointments by the mayor (e.g., city architect, city information officer, city population officer). It also provides for establishment of a fire station, city jail, school division, and prosecution service.
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 laws/rules. The sanggunian must act within 15 days from submission; otherwise the appointment is deemed confirmed.
The mayor must be at least 21 years old; an actual resident of the City for at least one year prior to election; and a qualified voter. He holds office for 3 years unless sooner removed, and receives minimum monthly compensation corresponding to Salary Grade 30 under RA 6758.
Examples include: determining guidelines of city policies and responsibility to the sangguniang panlungsod for the program of government; directing formulation and implementing the city development plan; presenting program of government and proposing policies/projects; appointing officials/employees whose appointment is not otherwise provided; representing the City in transactions and signing documents with authority; enforcing laws/ordinances; issuing executive orders; acting during emergencies/disasters; and acting as deputized representative of the National Police Commission and implementing the peace and order plan.
He presides over the sangguniang panlungsod and signs warrants for expenditures appropriated for the sanggunian’s operations; appoints officials and employees including the secretary of the sangguniang panlungsod (subject to civil service law), except those whose appointment is specifically provided by existing laws; assumes the office of the mayor for permanent or temporary vacancy; and performs other duties as provided by the Local Government Code and ordinances.
It consists of: the city vice mayor as 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 sectoral representatives. It further provides for 3 sectoral representatives: one from women, one from agricultural/industrial workers (determined within 90 days prior to local elections), and one from other sectors including urban poor, indigenous cultural communities, or disabled persons.
Every ordinance is presented to the city mayor. If approved, the mayor signs each page; if vetoed, the mayor returns it with objections, and the sangguniang panlungsod may override the veto by a 2/3 vote of all members. The veto must be communicated within 10 days; otherwise, the ordinance is deemed approved as if signed.
The mayor may veto on the ground that the ordinance is ultra vires or prejudicial to the public welfare, stating reasons in writing. He can veto particular items of appropriations ordinances and certain other measures (e.g., local development plan, public investment program, ordinances directing payment of money or creating liability). The mayor may veto only once; any veto may be overridden by a 2/3 vote of all sanggunian members.