QuestionsQuestions (Republic Act No. 9392)
RA 9392 converts the Municipality of Tandag, Surigao del Sur into a component city to be known as the City of Tandag, with territorial jurisdiction within the present metes and bounds of the former municipality, without prejudice to the resolution of existing boundary disputes.
It preserves the right of the appropriate agency/forum to resolve boundary disputes, and provides that the territorial jurisdiction over the disputed areas remains with the LGU that already has existing administrative supervision until final resolution.
The City is a political body corporate with perpetual succession and municipal corporate powers such as: continuous succession in its corporate name; power to sue and be sued; use a corporate seal; acquire/hold/convey property; enter contracts; and exercise other municipal corporate powers subject to the Charter and other laws.
Police jurisdiction is for police purposes coextensive with the City’s territorial jurisdiction, and for protecting/ensuring purity of the water supply it extends over the drainage area and also within 100 meters from any reservoir, conduit, canal, aqueduct, or pumping station used for city water service.
The city court of Tandag has concurrent jurisdiction with city/municipal courts of adjoining municipalities/cities over crimes/misdemeanors committed within the drainage area or within 100 meters of specified water facilities. The court that first takes cognizance has jurisdiction to the exclusion of others.
It consists of: the city vice mayor as presiding officer; regular sanggunian members; presidents of the city chapter of the Liga ng mga Barangay and the panlungsod na pederasyon ng mga Sangguniang Kabataan; and sectoral representatives (three): women; agricultural/industrial workers; and other sectors including urban poor or disabled persons.
Regular members and sectoral representatives are elected as provided by law. The Charter also provides that the sangguniang panlungsod determines, within 90 days prior to local elections, who among categories shall represent the agricultural/industrial workers and the “other sectors,” subject to election rules.
Examples include: determining city policy guidelines and being responsible for the program of government; directing formulation and implementation of development plan with city development council approval by the sanggunian; presenting program of government and proposing policies/projects; appointing officials/employees whose appointment is not otherwise provided; enforcing laws/ordinances; issuing executive orders; acting during disasters; preparing budgets; issuing licenses/permits; supervising police in accordance with RA 6975; and coordinating with national offices on technical services.
He is elected at large; must be at least 21 years old at election; an actual resident of the City for at least one year prior; and a qualified voter. Term is 3 years unless sooner removed.
He presides over the sangguniang panlungsod, signs warrants drawn on the city treasury for expenditures appropriated for sanggunian operations, appoints sanggunian officials/employees subject to civil service law and except those whose appointment is specifically provided, assumes mayoral powers in temporary vacancy, and becomes mayor in case of permanent vacancy.
Within 90 days after the first regular session following the election of members, the sangguniang panlungsod must adopt or update rules of procedure, including committee organization, legislative process, parliamentary procedures, discipline for disorderly behavior/absences, and other rules.
Upon assumption, every member must disclose business/financial interests and related relationships within the fourth civil degree that may affect ordinances/resolutions under deliberation, including stock/investments and contracts/agreements. Disclosure must be in writing, submitted to the secretary of the sanggunian or committee, and made before deliberation or at latest before voting on second/third readings if no participation occurred.
It treats conflict of interest, absent specific constitutional/statutory provisions, as a situation reasonably deduced where a sanggunian member may not act in the public interest due to private/pecuniary/other personal considerations affecting judgment to the prejudice of service or the public.
Ordinances enacted by the sangguniang panlungsod are presented to the city mayor. If he approves, he signs; if he vetoes, he returns with written objections. The sanggunian may override by a 2/3 vote of all its members. The mayor must communicate veto within 10 days; otherwise, the ordinance is deemed approved. The mayor’s veto may be itemized for appropriations and specific measures.
Within 3 days after approval, the secretary forwards ordinances/resolutions to the sangguniang panlalawigan. Within 30 days of receipt, it examines them or transmits to the provincial attorney/prosecutor for comment. It can declare ordinances/resolutions invalid if beyond power. If no action within 30 days, the ordinance/resolution is presumed consistent with law and valid.
Unless otherwise stated, they take effect after 10 days from posting at the entrance of the City Hall and at least two other conspicuous places. The secretary must post within 5 days after approval. Main features must be published once in a newspaper of general circulation; penal-saction ordinances’ gist must also be published.
If mayor has permanent vacancy, vice mayor becomes mayor. If vice mayor has permanent vacancy, the highest ranking sanggunian member (or next ranking due to incapacity) becomes vice mayor. If both have permanent vacancies, the first and second highest ranking members become mayor and vice mayor respectively. Subsequent vacancies filled by automatic succession according to ranking; tie resolved by drawing of lots; successors serve unexpired terms. Permanent vacancy includes death, removal, resignation, failure to qualify, refusal to assume, or permanent incapacity.