QuestionsQuestions (Republic Act No. 8488)
RA 8488 converts the Municipality of Victorias, Negros Occidental into a component city to be known as the City of Victorias, comprising the present territory of the municipality, with its jurisdiction within the metes and bounds described in the law.
It provides that the provisions of the Act are without prejudice to claims that may be due to the City, or to boundary disputes, or cases involving territorial jurisdiction between the City and adjoining LGUs, to be resolved by the appropriate agency or forum.
It is a political body corporate with perpetual succession and powers of a municipal corporation, including to sue and be sued, use a corporate seal, acquire and convey property, enter into contracts, and exercise other corporate powers subject to the Act and other laws.
It may levy taxes, open/close roads, streets, alleys, parks or squares (subject to the Constitution and existing laws), condemn private property for public use, and exercise powers granted to corporations, including those relevant to governance and service delivery.
For police purposes only, it is coextensive with the City’s territorial jurisdiction; additionally, for protecting/insuring the purity of the water supply, it extends over the drainage area or within 100 meters of reservoirs, conduits, canals, aqueducts, or pump stations used for the City water service.
The City Court has concurrent jurisdiction with city or municipal courts of adjoining municipalities/cities for offenses committed within that drainage area or within 100 meters; the court first taking cognizance has jurisdiction to the exclusion of others.
The Act provides for a city mayor, vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant, city assessor and assistant, city accountant, budget officer, planning and development coordinator, engineer, health officer, civil registrar, city administrator, legal officer, veterinarian, social welfare and development officer, general services officer, and agriculturist. Appointive officials are appointed by the city mayor with concurrence of the majority of all sangguniang panlungsod members, subject to civil service law, unless otherwise provided.
It must act within fifteen (15) days from submission; otherwise the appointment is deemed confirmed.
He must be at least 21 years old, an actual resident of the City for at least 1 year prior to election, and a qualified voter therein.
Both hold office for three (3) years unless sooner removed.
He shall carry out emergency measures during and in the aftermath of man-made and natural disasters and calamities.
He presides over the sangguniang panlungsod and signs warrants drawn on the city treasury for sangguniang panlungsod expenditures; he appoints sangguniang panlungsod officials/employees (subject to civil service rules) except those whose appointment is specifically provided by existing laws; he assumes the office of mayor in cases of permanent vacancy and exercises mayoral powers in cases of temporary vacancy.
It consists of the city vice mayor as presiding officer, ten (10) regular sanggunian members, the president of the city chapter of the Liga ng mga Barangay, the president of the panlungsod na pederasyon ng Sangguniang Kabataan, and three (3) sectoral representatives.
Three sectoral representatives: one from women, one from agricultural or industrial workers, and one from other sectors including urban poor, indigenous cultural communities, or disabled persons; the sanggunian determines (within 90 days prior to the local elections) which specific sectoral grouping shall be represented.
Each member must make full written disclosure of business/financial interests and related relationships (within the 4th civil degree of affinity/consanguinity) with persons/entities affected by ordinances/resolutions that may create conflict of interest, made before participation in deliberations or before voting on second/third readings if they did not participate.
After enactment, the ordinance/resolution is presented to the city mayor; if approved, he signs; if vetoed, it is returned with objections and may be overridden by a two-thirds vote of all sangguniang panlungsod members. Effectivity generally occurs after ten (10) days from posting at the city hall and in two other conspicuous places, plus publication requirements including publication once in a local newspaper, with the gist of penal ordinances also published.
The mayor may veto on the ground that the ordinance is ultra vires or prejudicial to public welfare, stating reasons in writing; he may veto particular items of appropriation or certain measures. The sanggunian may override by two-thirds vote of all members. The mayor’s veto communication must be made within ten (10) days; otherwise the ordinance is deemed approved.