QuestionsQuestions (Republic Act No. 9740)
The Municipality of BiAan is converted into a component city known as the City of BiAan, comprising the present territory of the municipality, within the present metes and bounds. The provision is without prejudice to any boundary dispute or territorial jurisdiction case; the disputed area remains under the existing administrative supervision of the adjoining/local government unit that already supervises it until final resolution.
The city is a political body corporate with perpetual succession and corporate powers such as: continuous succession in its corporate name; sue and be sued; have and use a corporate seal; acquire, hold, convey real or personal property; enter into contracts; and exercise other powers prerogatives/authority subject to the charter and laws.
For police purposes, the jurisdiction is coextensive with its territorial jurisdiction, and additionally extends over all territory within the drainage area of the city water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.
The city court of BiAan has concurrent jurisdiction with the city or municipal court of the adjoining municipalities/cities to try offenses committed within the drainage area or within 100 meters of specified 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 assessor (and assistant), city accountant, city budget officer, city planning and development officer, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city social welfare and development officer, city veterinarian, and city general services officer—plus optional offices the mayor may appoint as provided in the charter.
A city fire station headed by a city fire marshal; a city jail headed by a city jail warden; and a city schools division headed by a city schools division superintendent.
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. The sanggunian must act within fifteen (15) days; otherwise, the appointment is deemed confirmed.
The mayor must be at least twenty-one (21) years old at the time of election, a resident of the City for at least one (1) year prior to election, and a qualified voter therein. He holds office for three (3) years unless sooner removed.
The city mayor shall receive a minimum monthly compensation corresponding to Salary Grade 30 under Republic Act No. 6758 (Salary Standardization Law) and its guidelines.
Examples include: determining city policy guidelines and being responsible for the program of government; directing formulation and implementation of the city development plan; presenting the annual program of government; appointing officials/employees whose appointments are not otherwise provided for; representing the City and signing contracts/bonds upon authority; enforcing laws and ordinances; and acting as deputized representative of the National Police Commission with control/supervision of police forces in the City for peace and order planning and implementation.
During travel within the country for not more than three consecutive days, the mayor may designate an officer-in-charge in writing, specifying powers/functions except appoint/suspend/dismiss. If no authorization is issued, the vice mayor or highest ranking sangguniang panlungsod member may assume powers on the fourth day. Except as provided, the mayor cannot authorize any other official to assume powers other than the vice mayor or the highest ranking member.
The city vice mayor is elected like the mayor and presides over the sangguniang panlungsod as its presiding officer. He signs warrants drawn on the city treasury for expenditures appropriated for the sanggunian’s operation.
It is composed of the city vice mayor (presiding officer); ten (10) regular sanggunian members elected at large; the president of the city chapter of Liga ng mga Barangay; the president of the panlungsod na pederasyon ng Sangguniang Kabataan; and sectoral representatives. There are three (3) sectoral representatives: one from women, one from agricultural/industrial workers, and one from other sectors including urban poor or disabled persons.
An ordinance is presented to the city mayor. If approved, the mayor signs each page. If vetoed, the mayor returns it with written objections. The sangguniang panlungsod may override the veto by a two-thirds (2/3) vote of all its members, making the ordinance effective. If the mayor does not communicate veto within ten (10) days, the ordinance is deemed approved.