QuestionsQuestions (Republic Act No. 8223)
RA 8223 converts the Municipality of Marikina into a highly urbanized city known as the City of Marikina, comprising the same territory as the former municipality in the Metropolitan Manila Area.
The City has corporate powers typical of local government units, including perpetual succession in its corporate name, the power to sue and be sued, use a corporate seal, acquire and convey property, enter contracts, and exercise other corporate powers subject to the Charter and other laws.
No. Section 5 provides that the City and its officials are not exempt from liability for death or injury to a person or damage to property.
For police purposes only, jurisdiction is coextensive with the City’s territorial jurisdiction. For protecting and ensuring purity of water supply, police jurisdiction extends over 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 courts of adjoining cities/municipalities to try offenses committed within the drainage area or within 100 meters of relevant water facilities; the court first taking cognizance has jurisdiction to the exclusion of others.
Required officials include the city mayor, vice mayor, sangguniang panlungsod members, secretary, city prosecutor, treasurer, assessor, accountant, budget officer, planning and development coordinator, engineer, health officer, civil registrar, administrator, legal officer, trade and industry officer, schools division superintendent, veterinarian, social welfare and development officer, and general services officer. Appointive city officials (unless otherwise provided) are appointed by the City Mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service rules.
The City Mayor must be at least 23 years old, an actual resident of the City for at least one year prior to election, and a qualified voter. He is elected at large and holds office for three years unless sooner removed, receiving compensation at least corresponding to Salary Grade 30 under RA 6758.
Examples include: determining city policy guidelines and being responsible to the sangguniang panlungsod for the program of government; directing formulation and implementing the city development plan; presenting the program of government and proposing policies/projects; appointing certain officials/employees paid wholly or mainly from city funds; representing the City in business transactions and signing bonds/contracts; enforcing laws/ordinances; issuing executive orders; serving as deputized representative of the National Police Commission and implementing the peace and order plan; among others.
When the mayor is temporarily incapacitated, the vice mayor or highest-ranking sanggunian member exercises mayoral powers, but cannot exercise the mayor’s power to appoint, suspend, or dismiss employees unless the period of temporary incapacity exceeds 30 working days.
He presides over the sangguniang panlungsod, signs warrants drawn on the city treasury for sanggunian expenditures, appoints sanggunian officials/employees subject to civil service rules (except those whose appointment is otherwise provided), assumes the office of mayor for the unexpired term in permanent vacancy, and exercises mayoral powers in temporary vacancy.
It is composed of the vice mayor (presiding officer), regular sanggunian members, presidents of the city chapter of the Liga ng mga Barangay and the panlungsod chapter of the SK, plus sectoral representatives. There are three sectoral representatives: one from women, one from agricultural/industrial workers, and one from other sectors (including urban poor, ICCs, and disabled persons). Their selection is determined by the sangguniang panlungsod within 90 days prior to local elections.
Members must submit written full disclosure of business and financial interests upon assumption to office and specifically disclose relationships within the fourth civil degree that may affect ordinances/resolutions under deliberation, including investments/ownership and contracts with affected entities. Disclosure must be made before participation in deliberations or, if no participation, before voting on second/third readings.
Regular sessions: fixed by resolution after election; minimum is once a week for the sangguniang panlungsod. Special sessions may be called by the City Mayor or by a majority of sanggunian members when public interest demands, with written notice served personally at least 24 hours before the special session.
Quorum is a majority of all elected and qualified members. If raised, the presiding officer calls the roll. Without quorum, the presiding officer may declare recess or members may adjourn. If still no quorum, no business is transacted and the session is declared adjourned for lack of quorum.
Ordinances are presented to the mayor; if approved, he signs each page, otherwise vetoes and returns with objections. The sanggunian may override the veto by a two-thirds vote of all its members, making the ordinance effective. The mayor must communicate veto within 10 days; otherwise the ordinance is deemed approved.
The mayor may veto on grounds that an ordinance is ultra vires or prejudicial to public welfare, stating reasons in writing. He may veto appropriation items, local development plan/public investment program ordinances, or ordinances directing payment/creating liability; the veto affects only the specified items. The mayor may veto any ordinance or resolution only once.