Question & AnswerQ&A (Republic Act No. 9028)
The Act is known as the "Charter of the City of Himamaylan."
The territorial jurisdiction is within the present metes and bounds of the Municipality of Himamaylan covering an area of 36,704 hectares as described in the cadastral survey.
The City has perpetual succession, may sue and be sued, use a corporate seal, acquire and convey property, enter into contracts, and exercise powers necessary for efficient governance subject to limitations in the Act and laws.
Officials include the city mayor, vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, various city department heads such as treasurer, assessor, accountant, engineer, health officer, legal officer, social welfare officer, veterinarian, general services officer, agriculturist, cooperatives officer, environment and natural resources officer and optional positions like city architect, information officer, and population officer.
The mayor must be at least 21 years old, a resident of the City for at least one year prior to election, a qualified voter therein, and elected at large by qualified voters.
The term is three years unless sooner removed, with a minimum monthly compensation corresponding to salary grade 30 as prescribed under RA No. 6758.
The city mayor is the chief executive, exercises powers under the Local Government Code and this Act, directs city policies and programs, appoints officials, represents the City in business transactions, enforces laws and ordinances, manages city services, conducts visits to barangays, and many other administrative and emergency functions.
The city vice mayor is elected in the same manner and must have the same qualifications as the mayor. Duties include presiding over the sangguniang panlungsod, appointing officials and employees subject to civil service laws, and assuming the mayor’s office upon vacancy.
The sangguniang panlungsod includes the city vice mayor as presiding officer, 10 regular members, the president of the city chapter of the liga ng mga barangay, the president of the city federation of youth councils, and three sectoral representatives from women, workers, and other sectors.
The sangguniang panlungsod approves ordinances and resolutions, levies taxes, approves budgets, grants franchises, protects the environment, regulates land use, maintains peace and order, provides basic services, and enforces laws consistent with the Local Government Code.
The mayor must return the vetoed ordinance with written objections within 10 days. The sangguniang panlungsod may override the veto by a two-thirds vote of all its members, making the ordinance effective despite the veto.
Disputes on boundaries or territorial jurisdiction are reserved for resolution by appropriate agencies or forums, which may occur even after the Act's effectivity.
The secretary is a career official appointed by the sangguniang panlungsod and must be a Filipino citizen, resident of Himamaylan, of good moral character, preferably holding a master's degree like law or public administration, and first grade civil service eligible or equivalent.
Vacancies are filled by appointment of the provincial governor from nominees of the political party of the former official. If the official had no party, the city mayor appoints, upon sangguniang panlungsod recommendation. Youth and barangay sector vacancies are filled automatically by the next officials-in-rank.
The City must establish at least one fire station headed by a qualified fire marshal per RA 6975 and maintain a secured, equipped jail headed by a warden qualified in social sciences or related fields to safeguard detainees' rights and welfare.
Corporate existence begins upon ratification by the majority of qualified voters in a plebiscite conducted within 60 days from the Act's approval.
Republic Act No. 7160, the Local Government Code of 1991, and applicable laws to component cities govern the City, provided they are not inconsistent with this Act.
Disqualifications include final conviction involving moral turpitude within 2 years after sentence, removal from office administratively, dual citizenship, fugitives from justice, permanent residents abroad, insanity or mental incapacity, and violation of the oath of allegiance.
The City has police jurisdiction coextensive with its territory and over the water supply drainage area plus 100 meters around water facilities. Regional trial courts and city courts have concurrent jurisdiction with adjoining courts for crimes within this zone.