Title
Charter converting Malabon into a highly urbanized city
Law
Republic Act No. 9019
Decision Date
Mar 5, 2001
Republic Act No. 9019 converts the Municipality of Malabon into a highly urbanized city, granting it corporate powers, a defined jurisdiction, and a structured local government to enhance governance and public service.

Questions (Republic Act No. 9019)

RA 9019 converts Malabon from a municipality into a highly urbanized city known as the City of Malabon, making it a political body corporate with perpetual succession and municipal corporate powers, to be exercised in accordance with the Charter and existing laws.

The City has powers typical of a municipal corporation, including continuous succession in its corporate name; sue and be sued; use a corporate seal; acquire and convey property; enter into contracts; exercise other corporate powers granted to corporations subject to limitations in the Charter and other laws.

It may levy taxes; close and open roads/streets/alleys/parks subject to the Constitution and existing laws; take, purchase, receive, hold, lease, convey, and dispose of property for the general interest; condemn private property for public use; contract; and prosecute/defend suits where the City is a party.

The City and its officials are not exempt from liability for death or injury to persons or damage to property.

For police purposes only, it is coextensive with its territorial jurisdiction. It also extends over the drainage area of the City’s water supply or within 100 meters of any reservoir/conduit/canal/aqueduct/pumping station used in connection with city water service.

The City court has concurrent jurisdiction with city/municipal courts of adjoining municipalities/cities to try crimes and misdemeanors committed within the drainage area or within 100 meters. The court that first takes cognizance has jurisdiction to the exclusion of others.

It includes the city vice mayor as presiding officer, regular sanggunian members, the president of the city chapter of the Liga ng mga Barangay, the president of the panlungsod federation of the Sangguniang Kabataan, and sectoral representatives. There are also three (3) sectoral representatives: women, agricultural/industrial workers, and other sectors (including urban poor, indigenous cultural communities, or disabled persons).

They must possess the same qualifications as the city mayor and vice mayor, except that candidates must be at least 18 years old on election day.

Unless otherwise provided, appointive city officials are appointed by the city mayor with the concurrence of the majority of all members of the Sangguniang Panlungsod, subject to civil service law, rules, and regulations.

The Sangguniang Panlungsod must act within 15 days from submission; otherwise, the appointment is deemed confirmed.

At the time of election, the candidate must be at least 23 years old, an actual resident of the City for at least 1 year prior to election, and a qualified voter therein.

The city mayor holds office for 3 years unless sooner removed. Compensation is a minimum monthly amount corresponding to salary grade 30 under RA 6758 and its implementing guidelines.

He presides over the Sangguniang Panlungsod, signs warrants for expenditures appropriated for the sanggunian, and appoints officials/employees (including the secretary of the sanggunian) subject to civil service law, except those whose appointment is specifically provided by existing laws; he also assumes the mayor’s position for permanent vacancy and performs mayoral powers during temporary vacancy.

The sanggunian may override the mayor’s veto by a two-thirds (2/3) vote of all its members.

If the city mayor approves, he signs the ordinance; if he vetoes, it must be returned with objections. Separately, for mayoral communication of veto: if not communicated within 10 days, the ordinance is deemed approved as if he had signed it.

If the Sangguniang Panlungsod fails to take action within 30 days from receipt, the barangay ordinance is deemed approved.

They include: conviction/final judgment for certain crimes involving moral turpitude or punishable by at least 1 year within 2 years after serving sentence; removal from office due to administrative case; conviction for violating the oath of allegiance; dual citizenship; being a fugitive from justice; permanent residents abroad continuing to avail right of residence abroad; and being insane or feeble-minded.


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