QuestionsQuestions (Republic Act No. 9398)
RA 9398 converts the Municipality of Tayabas into a component city to be known as the City of Tayabas, comprising the present territory of the municipality within the same metes and bounds.
It states that the provision on territorial jurisdiction is without prejudice to existing boundary disputes or cases; the territorial jurisdiction over the disputed area remains with the LGU that has existing administrative supervision over it until final resolution.
The City may: (1) sue and be sued; (2) acquire, hold, and convey real or personal property; (3) enter into contracts/agreements; and (4) exercise other powers subject to the Charter and laws (also includes perpetual succession in its corporate name).
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 co-extensive with the City’s territorial jurisdiction, and also extends to the drainage area of the City water supply and within 100 meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service.
The city court has concurrent jurisdiction with the city/municipal courts of adjoining municipalities/cities for offenses committed within the drainage area or within 100 meters of relevant water facilities; the court first taking cognizance has jurisdiction to the exclusion of others.
The City mayor and city vice mayor are elected at large by the qualified voters of the City.
At least 21 years of age, actual resident of the City for at least one year prior to election, and a qualified voter therein.
Each holds office for three years unless sooner removed.
Among others: set city policy guidelines; direct formulation and implementation of the city development plan (with sangguniang approval); present the program of government; appoint officials not otherwise provided for (with sanggunian concurrence where required); represent the City in transactions and sign bonds/contracts on authority; enforce laws/ordinances; and act in emergencies and on peace and order functions per law.
The city vice mayor presides over the sangguniang panlungsod; the vice mayor is elected at large by qualified voters of the City.
Members include the city vice mayor (presiding officer), regular sanggunian members, president of the city chapter of the Liga ng mga Barangay, president of the panlungsod federation of the Sangguniang Kabataan, and sectoral representatives. There are three sectoral representatives: women; agricultural/industrial workers; and other sectors including urban poor or disabled persons.
The mayor may veto ordinances (including itemized veto on certain ordinances/items). The veto must be communicated within 10 days; otherwise, deemed approved. The sanggunian may override the veto by a two-thirds vote of all its members.
Within 3 days after approval, the secretary forwards approved ordinances/resolutions for local development plans/public investment programs to the sangguniang panlalawigan. The review period is 30 days from receipt; within that time it may declare the ordinance invalid in whole or part if beyond power conferred. If no action within 30 days, the ordinance is presumed valid.
Unless otherwise stated, it takes effect after 10 days from posting on a bulletin board at the entrance of City Hall and in at least two other conspicuous places, with posting done not later than 5 days after approval, plus dissemination/publication requirements.
If the city mayor seat becomes permanently vacant, the city vice mayor becomes city mayor. If the vice mayor becomes permanently vacant, the highest ranking sangguniang panlungsod member becomes vice mayor (and if both seats are vacant, the top two ranking sanggunian members fill them). Successors serve only the unexpired term.