QuestionsQuestions (Republic Act No. 8471)
RA 8471 merges the municipalities of Babak, Samal, and Kaputian into a component city known as the Island Garden City of Samal. The merger results in a new political body corporate with the attributes of perpetual succession and municipal corporate powers, with the seat of government at the present Municipality of Samal.
The City may, among others: continuously exist under its corporate name; sue and be sued; have and use a corporate seal; acquire and convey real or personal property; enter into contracts; and exercise other corporate powers granted by law, subject to limitations in the Charter and other laws.
Yes. The City and its officials are not exempt from liability for death or injury to persons or loss or damage to property caused as a consequence of the discharge or performance of official functions within the scope of their duties.
For police purposes, jurisdiction is coextensive with the City’s territorial jurisdiction, including marine territories covered by the City’s municipal waters. For water purity, it also covers territories within the drainage areas of the water supply, or within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used for the City water service.
The City court has concurrent jurisdiction with city/municipal courts along Davao Gulf to try crimes and misdemeanors committed at sea within Davao Gulf. The court first taking cognizance has jurisdiction to the exclusion of others.
Elective offices are: the Office of the City Mayor; the Office of the City Vice Mayor; and the offices of the twelve (12) members of the Sangguniang Panlungsod. The City has three (3) sanggunian districts (Babak, Peñaplata, Kaputian), each electing four (4) regular representatives.
At election time: (1) at least 21 years old; (2) actual resident of the City for at least 1 year prior to election; and (3) a qualified voter of the City.
Each holds office for three (3) years unless sooner removed.
The City Vice Mayor is the presiding officer of the Sangguniang Panlungsod and signs all warrants drawn on the City treasury for expenditures appropriated for the operation of the Sangguniang Panlungsod.
It approves ordinances and passes resolutions for efficient city government, including measures for peace and order, environmental protection, disaster relief, zoning and land use related ordinances, setting of local fees/taxes subject to law, approving budgets, enacting comprehensive land use and integrated zoning ordinances, and regulating various local services and activities (e.g., nuisances, sanitation, markets, water works, traffic, solid waste, culture councils).
Within 90 days from the first regular session following the election, it must adopt or update rules of procedure covering: organization and election of officers/committees; order and calendar of business; legislative process; parliamentary procedures and discipline of members for disorder/absences; and other rules it may adopt.
Each member must submit written disclosure of business/financial interests and potential conflicts of interest (up to the 4th civil degree by affinity/consanguinity) before participating in deliberations on an ordinance/resolution. If the member did not participate in deliberations, disclosure must be made before voting on second and third readings.
Regular sessions are set by resolution after election; special sessions may be called by the City Mayor or a majority of members. Sessions are open to the public unless a closed-door session is ordered by majority vote for reasons of public interest/security/decency/morality. Written notice for special sessions must be served personally to members at least 24 hours before the session, and only matters stated in the notice may be considered unless concurred in by 2/3 of members present.
A majority of all elected and qualified members constitutes quorum. If raised, the presiding officer calls the roll. The presiding officer may recess or members may adjourn and compel attendance of absent members; if still no quorum, no business is transacted and the session is declared adjourned for lack of quorum.
After enactment, ordinances/resolutions are presented to the City Mayor. If approved, the Mayor signs each page; otherwise, he vetoes in writing and returns with objections. The Sangguniang Panlungsod may override by 2/3 vote of all members. If Mayor does not communicate veto within 10 days, the ordinance is deemed approved.
The Mayor may veto ordinances on grounds of being ultra vires or prejudicial to the public welfare, and may also veto particular items in appropriations, local development plan/public investment program, public investment program, or ordinances directing payment/creating liability. The veto is not absolute for non-objected items. The Mayor may veto only once; the Sangguniang Panlungsod may override by 2/3 vote.
Within 3 days after approval, copies are forwarded for review. The Sangguniang Panlalawigan has 30 days from receipt to examine documents or transmit to the provincial attorney/prosecutor for comments within 10 days. It may declare ordinances invalid if beyond the sanggunian’s power; if it takes no action within 30 days, the ordinance is presumed consistent with law and valid.
The sangguniang barangay furnishes copies of barangay ordinances to the sangguniang panlungsod within 10 days from enactment. If the sangguniang panlungsod fails to act within 30 days from receipt, the barangay ordinance is deemed approved.