Question & AnswerQ&A (Republic Act No. 9019)
Republic Act No. 8983 is an act converting the Municipality of Bayawan in Negros Oriental into a component city to be known as the City of Bayawan.
The territorial jurisdiction of the City of Bayawan is within the present metes and bounds of the Municipality of Bayawan, covering approximately 69,908 hectares bounded by Pagatban River, Negros Occidental Province, Ilog (Sagumayan) River adjoining Bais City, Municipality of Tanjay, Sicopong River, Municipality of Sta. Catalina, and the Sulu Sea.
The City of Bayawan has the corporate powers of continuous succession, to sue and be sued, to have and use a corporate seal, to acquire, hold, and convey property, to enter into contracts and agreements, and to exercise other powers subject to limitations in the Act or laws.
Key officials include a city mayor, city vice mayor, sangguniang panlungsod members, and various department heads such as city treasurer, assessor, accountant, planning and development coordinator, engineer, health officer, civil registrar, administrator, legal officer, social welfare and development officer, veterinarian, among others.
The city 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 of the City. The term is three years with eligibility for re-election subject to the Local Government Code.
The mayor is the chief executive, exercises all powers under the Local Government Code, oversees enforcement of laws and ordinances, directs city policies and programs, appoints city officials with consent, manages emergency measures, represents the City in contracts and transactions, and ensures delivery of basic services, among others.
The city vice mayor is elected at large like the mayor, possessing the same qualifications. Duties include presiding over the sangguniang panlungsod, appointing certain officials, assuming the office of the mayor in case of vacancy, and exercising mayoral powers during temporary vacancy.
The sangguniang panlungsod consists of the city vice mayor as presiding officer, 10 regular members, the president of the Liga ng mga Barangay city chapter, the president of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan, and three sectoral representatives (from women, agricultural or industrial workers, and other sectors).
It can approve ordinances and resolutions necessary for governance; levy taxes, fees and charges; grant franchises; regulate land use and business activities; provide for public safety, social welfare, health, environment, and other local concerns; and approve the annual budget and loans for development projects.
Ordinances are passed by the sangguniang panlungsod and presented to the city mayor for approval. The mayor can sign or veto the ordinance within 10 days. The sangguniang panlungsod may override the veto by a two-thirds vote. Ordinances take effect 10 days after posting unless otherwise stated.
Persons sentenced by final judgment for crimes involving moral turpitude or imprisonment of 1 year or more within two years after serving sentence, removed from office administratively, convicted for oath violation, dual citizens, fugitives from justice, permanent foreign residents, and the insane or feeble-minded are disqualified.
The vice mayor succeeds the mayor in a permanent mayoral vacancy; if the vice mayor refuses, the highest-ranking sangguniang panlungsod member succeeds. For a vice mayor vacancy, the highest ranking sangguniang panlungsod member fills it. Ranking is based on votes obtained during election.
The city treasurer is appointed by the Secretary of Finance based on recommendations, manages city funds, advises city officials on finances, oversees disbursements, inspects establishments for tax compliance, and maintains the tax information system.
The city legal officer must be a Philippine citizen, resident of Bayawan, member of the Philippine Bar, and with at least five years experience. Functions include legal representation of the City, drafting ordinances and contracts, giving legal opinions, prosecuting cases, advising city officials, and upholding human rights.
The city health officer supervises health personnel, formulates health programs, enforces health laws, recommends and conducts sanitation inspections, leads health information campaigns, and coordinates with other agencies for health services.