QuestionsQuestions (Republic Act No. 9393)
RA 9393 converts the Municipality of Lamitan, Province of Basilan, into a component city known as the City of Lamitan, comprising the present territory of the municipality and within its existing metes and bounds.
It states the conversion is without prejudice to existing boundary disputes or cases; the disputed area remains under the local government unit that currently has administrative supervision until final resolution.
The city is a political body corporate with powers such as perpetual succession in its corporate name; the power to sue and be sued; use of a corporate seal; acquire/hold/convey property; enter contracts; and exercise other powers subject to the charter and other laws.
Police jurisdiction for police purposes is coextensive with city territorial jurisdiction, and extends to the drainage area of the city water supply and within 100 meters of reservoirs, conduits, canals, aqueducts, or pumping stations used for city water service.
The city court of the City of Lamitan has concurrent jurisdiction with the city or municipal court of adjoining municipalities/cities; the court first taking cognizance has jurisdiction to the exclusion of others.
A city mayor, city vice mayor, sangguniang panlungsod members, sangguniang secretary, city treasurer and assistant treasurer, city assessor and assistant 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, city general services officer, city cooperatives officer, and city building officer.
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; the sanggunian must act within 15 days or the appointment is deemed confirmed.
Must be at least 21 years old at election, an actual resident of the City for at least one year prior to election, and a qualified voter therein.
City mayor holds office for three years and receives a minimum monthly compensation corresponding to Salary Grade 30 under RA 6758; city vice mayor holds office for three years with minimum monthly compensation corresponding to Salary Grade 26 under RA 6758.
It enacts ordinances, approves resolutions, and appropriates funds for general welfare; maintains peace and order; approves budgets and appropriations ordinances; enacts ordinances on taxes/fees subject to law; adopts zoning and land-use plans; and performs many additional powers under the Local Government Code and the charter.
It includes the city vice mayor (presiding officer), regular sanggunian members, presidents of the Liga ng mga Barangay and panlungsod na pederasyon ng Sangguniang Kabataan, and sectoral representatives. There are three sectoral representatives: women; one from agricultural or industrial workers; and one from other sectors including urban poor or disabled persons.
The ordinance is presented to the city mayor; if approved, the mayor signs each page. If vetoed, it is returned with objections and the sanggunian may override via two-thirds vote of all members. Effectivity generally is after 10 days from posting at the city hall and at least two conspicuous places, and publication once in a local newspaper of general circulation (with additional requirements for penal sanctions).
The mayor may veto on grounds it is ultra vires or prejudicial to public welfare, written with reasons. For appropriations ordinances and certain financial/local plan/payment/c liability measures, the veto does not affect items not objected to; vetoed items do not take effect unless overridden.
The city mayor may veto an ordinance or resolution only once.
Within three days after approval, copies are forwarded to the sangguniang panlalawigan. Within 30 days after receipt, it examines or transmits for provincial legal examination. If no action within 30 days, the ordinance/resolution is presumed consistent with law and valid.
If no action is taken within 30 days after submission, the ordinance or resolution is presumed consistent with law and therefore valid.
If a permanent vacancy occurs in the city mayor’s office, the city vice mayor becomes mayor. If vice mayor’s office becomes vacant, the highest ranking sanggunian member (or next in rank in case of incapacity) becomes vice mayor. If both are vacant, the first and second highest ranking sanggunian members become mayor and vice mayor, respectively.