QuestionsQuestions (Republic Act No. 9408)
RA 9408 is titled the “Charter of the City of Mati.” Its purpose is to convert the Municipality of Mati in the Province of Davao Oriental into a component city to be known as the City of Mati, consisting of the present territory of the municipality.
It states that the provision converting Mati’s territory is without prejudice to existing boundary disputes. The disputed area remains under the local government unit with existing administrative supervision until final resolution of the case.
As a political body corporate, it has corporate attributes such as perpetual succession and municipal powers including: continuous succession in its name, ability to sue and be sued, use of a corporate seal, acquisition/transfer of property, entering contracts, and exercising other corporate powers subject to the Act and other laws.
The city must exercise powers necessary for efficient governance and the general welfare, including preserving/enriching culture, promoting health and safety, enhancing balanced ecology, encouraging scientific/technological development, improving public morals, enhancing economic prosperity and social justice, promoting full employment, maintaining peace and order, and preserving comfort and convenience of inhabitants.
Unless otherwise provided by law, the City is liable for injuries or damages arising from the act or omission of its officers or employees while in the performance of their official functions.
For police purposes only, it is coextensive with the City’s territorial jurisdiction. Additionally, for protecting/ensuring purity of the water supply, police jurisdiction extends over territory within the drainage area or within 100 meters of reservoirs, conduits, canals, aqueducts, or pumping stations used in connection with the city water service.
Regional trial courts and City courts have concurrent jurisdiction with courts of adjoining municipalities/cities to try crimes/ 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 charter lists the city mayor, 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, city general services officer, and city agriculturist.
The city mayor may appoint (upon authority provided) a city environment and natural resources officer, city architect, city information officer, city cooperatives officer, and city population officer.
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 law. The sanggunian must act within 15 days; otherwise, the appointment is deemed confirmed.
City mayor: at least 21 years old at election, resident of the City for at least one year prior, and a qualified voter. City vice mayor: same qualifications as the city mayor.
Both hold office for three years unless sooner removed.
The vice mayor presides over the sangguniang panlungsod and signs warrants drawn on the city treasury for sanggunian expenditures. He also appoints officials and employees (including the secretary of the sanggunian) subject to civil service rules, except those whose appointment is specifically provided by the Local Government Code.
It includes the city vice mayor as presiding officer, ten (10) regular members, presidents of the city chapter of the Liga ng mga Barangay and the panlungsod na pederasyon ng mga SK (youth), plus sectoral representatives and other members as provided by law. The charter specifies three sectoral representatives: women; agricultural/industrial workers; and other sectors including urban poor, ICCs, or persons with disabilities.
Members must make full disclosure of business and financial interests upon assumption to office and when necessary, before participation/voting on ordinances or resolutions that may affect their interests (including stock/investments or contracts/agreements). The disclosure is in writing, submitted to the secretary of the sanggunian or committee, and becomes part of the record.
After enactment, the ordinance is presented to the city mayor. If approved, the mayor signs each page. If vetoed, he returns it with written objections. The sanggunian may override the veto by a 2/3 vote of all its members to make it effective. The mayor must communicate veto within 10 days; otherwise, the ordinance is deemed approved.
Unless otherwise stated, ordinances/resolutions take effect after 10 days from posting a copy on the bulletin board at the entrance of the City Hall and in at least two other conspicuous places. The secretary must cause posting within 5 days after approval and record it. Main features must also be published once in a local newspaper of general circulation; if none, in any newspaper of general circulation. Ordinances with penal sanctions must also have their gist published.
Disqualifications include: final conviction for moral turpitude or offenses 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 right to reside abroad after effectivity of the Local Government Code; and insanity/feeble-mindedness.