QuestionsQuestions (Republic Act No. 8469)
It converts the Municipality of Kidapawan in Cotabato into a component city known as the City of Kidapawan, comprising the same territory and metes and bounds as the former municipality.
It is a political body corporate with powers such as perpetual succession in its corporate name; sue and be sued; have and use a corporate seal; acquire and convey property; enter into contracts; and exercise other corporate powers subject to the Charter and other laws.
For police purposes only, it is coextensive with the City’s territorial jurisdiction. For water purity protection, it also extends to the drainage area and within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service.
The city court of Kidapawan has concurrent jurisdiction with courts of adjoining municipalities/cities for 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.
The charter provides for a city mayor, city vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant city treasurer, city assessor and assistant city assessor, city accountant, city budget officer, city planning and development coordinator, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city veterinarian, and city social welfare and development officer, plus city general services officer and city agriculturist.
Unless otherwise provided, appointive city officials are appointed by the city mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service rules. The sanggunian must act within 15 days from admission; otherwise, the appointment is deemed confirmed.
At least 21 years old; an actual resident of the City for at least 1 year prior to election; and a qualified voter therein.
They each hold office for 3 years unless sooner removed. Compensation is referenced to a minimum monthly salary grade corresponding to RA 6758 (mayor: grade 30; vice mayor: grade 26).
Examples include: determine city policy guidelines and be responsible to the sangguniang panlungsod for the program of government; direct formulation and implementation of the city development plan; present program of government and propose policies/projects; appoint officials/employees whose appointments are not otherwise provided; represent the City in transactions and sign bonds/contracts/obligations; issue executive orders; enforce laws and ordinances; formulate and implement the peace and order plan (as deputized National Police Commission representative); and others listed in Sec. 8.
He is presiding officer of the sangguniang panlungsod, signs warrants drawn on the city treasury for sanggunian expenditures; appoints sanggunian officials/employees except those whose appointment is otherwise provided; assumes office of the city mayor in permanent or temporary vacancies; and performs other functions under the Local Government Code and ordinances.
It includes the city vice mayor as presiding officer; regular sanggunian members; president of the city chapter of the Liga ng mga Barangay; president of the panlungsod federation of the Sangguniang Kabataan; and three sectoral representatives (women; agricultural/industrial workers; and other sectors including urban poor, ICCs, and persons with disability).
A majority of all elected and qualified sanggunian members constitutes a quorum. If no quorum, the presiding officer may declare a recess or members may adjourn; if still none, no business is transacted and the session is declared adjourned for lack of quorum.
The sangguniang panlungsod enacts an ordinance and presents it to the city mayor. If approved, the mayor signs; otherwise, he vetoes and returns it with objections. Veto must be communicated within 10 days or ordinance is deemed approved. The sanggunian may override a veto by 2/3 vote of all its members.
Within 3 days after approval, the secretary forwards approved ordinances/resolutions approving local development plans to the sangguniang panlalawigan. Within 30 days, it examines the documents or transmits them for provincial attorney/prosecutor comment. If beyond power, it declares invalid in whole/part; if no action within 30 days, ordinance/resolution is presumed consistent with law and valid.
Disqualifications include: final judgment for offenses involving moral turpitude or punishable by 1 year or more within 2 years after serving sentence; removal from office due to administrative case; final conviction for violating the oath of allegiance; dual citizenship; fugitives from justice; permanent residents abroad continuing to avail of the right after effectivity of the Local Government Code; and being insane or feeble-minded.