QuestionsQuestions (Republic Act No. 8297)
The Municipality of Kabankalan is converted into a component city of the Province of Negros Occidental, to be known as the City of Kabankalan, with a defined territorial jurisdiction and a city government with corporate powers.
It is described by boundaries and a detailed metes-and-bounds survey (Kabankalan Cadastre), beginning at MBM 1 and ending at a point of beginning, with an area of 697.35 sq. km more or less.
The city is a political body corporate with perpetual succession and powers including: continuous succession in its corporate name; to sue and be sued; to use a corporate seal; to acquire and convey property; to enter into contracts; and other corporate powers subject to the charter and other laws.
It is coextensive with the city’s territorial jurisdiction; and for protecting/insuring the purity of the water supply, it extends over all territory within the drainage area 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 of adjoining areas to try crimes and misdemeanors committed within the drainage area or within 100 meters of water facilities; the court first taking cognizance has jurisdiction to the exclusion of others.
The city mayor and vice-mayor are elected at large by qualified voters of the City.
At least 21 years old; an actual resident of the City for at least 1 year prior to election; and a qualified voter therein.
The term is 3 years unless sooner removed. The charter mentions a minimum monthly compensation corresponding to Salary Grade 30 under R.A. No. 6758 and implementing guidelines.
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 where appointment is specifically provided by law), and assumes mayor’s duties in cases of temporary or permanent vacancy as provided.
The vice-mayor (presiding officer), regular sanggunian members, president of the city chapter of the Liga ng mga Barangay, president of the panlungsod na pederasyon ng Sangguniang Kabataan, and sectoral representatives (three: women; agricultural/industrial workers; and other sectors such as urban poor, indigenous cultural communities, or persons with disability).
The Sangguniang Panlungsod may override by a two-thirds (2/3) vote of all its members.
After ten (10) days from the date a copy is posted at the entrance of the city hall and in at least two (2) other conspicuous places in the City, plus compliance with required posting/publishing procedures described in the charter.
Within three (3) days after approval, the city secretary forwards copies to the Sangguniang Panlalawigan; within thirty (30) days of receipt, it examines documents and may transmit to/consider comments from the provincial attorney/prosecutor, who has ten (10) days from receipt to inform in writing.
If it fails to take action within thirty (30) days from receipt, the barangay ordinance is deemed approved.
Disqualified are persons: sentenced by final judgment for an offense involving moral turpitude or punishable by one year or more (within two years after serving sentence); removed due to administrative case; convicted for violating oath of allegiance; with dual citizenship; fugitives from justice; permanent residents in a foreign country or those who acquired the right to reside abroad and continue availing of it after the Local Government Code effectivity; and the insane or feeble-minded.
If vacancy is in the city mayor, the concerned vice-mayor becomes mayor; if vacancy is in the vice-mayor, the highest ranking sanggunian member (or second highest if incapacitated) becomes mayor/vice-mayor, with ranking based on proportion of votes in the immediately preceding election.