Title
Charter converting Escalante into a city
Law
Republic Act No. 8754
Decision Date
Nov 4, 1999
The Charter of the City of Malolos establishes the governance and jurisdiction of the city, ensuring continuity in the administration, allowing residents to participate in provincial elections, and maintaining its position within the first congressional district of Bulacan Province, while also imposing a five-year freeze on local tax increases and incorporating existing laws as long as they do not contradict the provisions of the charter.
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Q&A (Republic Act No. 8754)

The official title is the "Charter of the City of Escalante."

The City of Escalante comprises the present territory of the Municipality of Escalante in the Province of Negros Occidental, with detailed metes and bounds as described in Section 2 of the Act.

The City has continuous corporate existence, can sue and be sued, use a corporate seal, acquire and convey property, enter contracts or agreements, and exercise other powers subject to the limitations in the Act or laws.

The elected officials include the City Mayor, City Vice Mayor, and the members of the Sangguniang Panlungsod.

To be eligible: the candidate must be at least 21 years old, a resident of the City for at least one year prior to election, and a qualified voter of the City.

The City Mayor is the chief executive, exercises powers under the Local Government Code of 1991, calls meetings, appoints officials, directs the formulation and implementation of development plans, enforces laws and ordinances, and carries out emergency measures, among others.

Both the City Mayor and the City Vice Mayor hold office for three (3) years unless sooner removed.

It is composed of the City Vice Mayor as presiding officer, ten (10) regular members, presidents of the city chapter of the Liga ng mga Barangay, city federation of youths (Sangguniang Kabataan), and sectoral representatives including women, workers, and other sectors.

They approve ordinances and resolutions, regulate local taxation, enact ordinances to maintain peace and order, protect the environment, manage resources, and guarantee efficient delivery of basic services and facilities as provided by law.

The Mayor must return the ordinance with written objections to the Sangguniang Panlungsod within ten (10) days; the sanggunian may override the veto by a two-thirds (2/3) vote of all its members, making the ordinance effective.

Permanent vacancy arises upon death, removal, resignation, failure to qualify, permanent incapacity, or when an official fills a higher vacant office.

Vacancies are filled by appointment by the provincial governor from nominees of the political party of the official who caused the vacancy. If the member was independent, the City Mayor appoints upon recommendation of the sanggunian.

Qualifications vary by position but generally include Philippine citizenship, residency in the City, good moral character, holding relevant professional degrees or licenses, civil service eligibility, and specified years of relevant experience.

The City Health Officer supervises health programs, enforces health laws and ordinances, leads health campaigns, recommends ordinances on public health, and coordinates with government and non-government agencies.

The Act mandates the establishment of a fire station with a City Fire Marshal qualified under Republic Act No. 6975 and a secured, clean jail headed by a City Jail Warden with specified qualifications, ensuring the protection of human rights.

All such municipal ordinances continue to be in force within the City until the Sangguniang Panlungsod provides otherwise.

Upon ratification of its creation by a majority of votes cast by qualified voters in a plebiscite conducted within 60 days from the approval of the Act.

No, there is a suspension on the increase in local tax rates for five (5) years from the acquisition of corporate existence.

The jurisdiction is coextensive with the City's territory and extends to the drainage area of the City's water supply and within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station.

Members must make full written disclosure upon assumption of office of their financial and business interests, including relations that may result in conflict of interest, and disclose before deliberation and voting on affected ordinances or resolutions.


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