QuestionsQuestions (EXECUTIVE ORDER NO. 52)
RA 8474 converts the Municipality of Ilagan into a component city to be known as the City of Ilagan.
The City of Ilagan is a political body corporate with perpetual succession and powers of a municipal corporation, including: continuous succession in its corporate name; sue and be sued; use a corporate seal; acquire and convey property; enter into contracts; and other powers granted by law, subject to limitations.
Police jurisdiction is coextensive with the City’s territorial jurisdiction, and is also extended to the drainage area of the water supply, or within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used for City water service.
The city court 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.
Licenses issued within the zone are granted by the proper authorities of the concerned city or municipality, and fees accrue to that local government’s treasury—not to the City of Ilagan.
The charter provides for a city mayor, vice mayor, sangguniang panlungsod members, secretary, city treasurer and assistant treasurer, city assessor and assistant assessor, city accountant, budget officer, planning and development coordinator, engineer, health officer, civil registrar, administrator, legal officer, veterinarian, social welfare and development officer, general services officer, architect, information officer, population officer, environment and natural resources officer, cooperatives officer, agriculturist, and tourism/cultural affairs officer. Appointive city officials (unless otherwise provided) are appointed by the city mayor with concurrence of a majority of all sangguniang panlungsod members, subject to Civil Service Law.
The sangguniang panlungsod must act within fifteen (15) days from submission; otherwise, the appointment is deemed confirmed.
The mayor is elected at large by qualified voters; must be at least 21 years old, an actual resident of the City for at least 1 year prior to election, and a qualified voter. The term is three (3) years unless sooner removed.
Examples include: (1) determine city policy guidelines and be responsible for the program of government to the sangguniang panlungsod; (2) direct formulation of the city development plan and implement after approval; (3) present the program of government annually and propose policies/projects; (4) appoint officials/employees whose appointments are not otherwise provided, with concurrence when required; (5) represent the City in transactions and sign bonds/contracts/documents upon authority; (6) conduct emergency measures during disasters; (7) issue executive orders; (8) act as deputized representative of the National Police Commission and implement peace and order plan; (9) ensure basic services and coordinate with national technical services.
The vice mayor presides over the sangguniang panlungsod and signs warrants drawn on the city treasury for expenditures appropriated for its operations; also appoints officials/employees of the sangguniang panlungsod (except those whose appointment is specifically provided elsewhere), subject to Civil Service rules.
It is composed of the city vice mayor (presiding officer), regular sanggunian members, the president of the city chapter of Liga ng mga Barangay, the president of the panlungsod Pederasyon ng mga Sangguniang Kabataan, and sectoral representatives. There are three (3) sectoral representatives: one (1) from women; and two (2) from agricultural/industrial workers and other sectors (urban poor, indigenous cultural communities, or disabled persons), determined by the sangguniang panlungsod within 90 days prior to elections.
Regular members and sectoral representatives must possess the same qualifications as the city mayor/vice mayor, but candidates must be at least 18 years old on election day.
Within 90 days from the first regular session following the election of its members, the sangguniang panlungsod must adopt or update its rules of procedure.
Upon assumption to office, every member must submit full disclosure of business and financial interests, including relationships within the fourth civil degree by affinity/consanguinity that may cause conflict of interest. Disclosure must be in writing, submitted to the secretary (or committee secretary), made part of records, and generally made before participation in deliberations or, if no participation, before voting on second and third readings.
Unless otherwise stated, ordinances/resolutions take effect after 10 days from posting a copy at the City Hall entrance bulletin board and in at least two other conspicuous places. The secretary must post within 5 days after approval, disseminate in Filipino/English and the majority-understood dialect, record posting dates, and publish once in a local newspaper of general circulation; for ordinances with penal sanctions, publication of the gist is required.
The mayor has power to approve (signature) or veto with written reasons within 10 days. If vetoed, it is returned to the sanggunian; the sanggunian may override by a two-thirds (2/3) vote of all its members, making it effective even without mayoral approval. If the mayor does not communicate the veto within 10 days, the ordinance is deemed approved.
If the mayor is temporarily incapacitated, the vice mayor or the highest ranking sangguniang panlungsod member automatically exercises mayoral powers and duties, except that appointment/suspension/dismissal of employees can only be exercised if the incapacity exceeds 30 working days.
Disqualifications include: final judgment sentence for moral turpitude or offenses punishable by 1 year or more within 2 years after serving sentence; removal due to administrative case; conviction for violating oath of allegiance; dual citizenship; fugitives from justice; permanent residents/right to reside abroad and still availing it; and insanity/feeble-mindedness.