Title
Charter of the City of Tarlac conversion law
Law
Republic Act No. 8593
Decision Date
Mar 12, 1998
The Municipality of Tarlac is officially converted into a component city, granting it corporate powers, a structured local government, and the authority to levy taxes and manage public services for its residents.
A

Questions (Republic Act No. 8593)

RA 8593 converts the Municipality of Tarlac into a component city known as the City of Tarlac, comprising the present territory of the municipality.

The City is a political body corporate with perpetual succession and corporate powers such as: having a continuous succession in its corporate name; suing and being sued; having and using a corporate seal; acquiring and conveying real or personal property; entering into contracts; and exercising other powers of a municipal corporation, subject to the charter and other laws.

The City and its officials are not exempt from liability for death or injury to persons or damage to property.

For police purposes, its jurisdiction is coextensive with its territorial jurisdiction; and for water-supply purity protection within the drainage area of the water supply or 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 court of adjoining municipalities/cities to try crimes and misdemeanors committed within the drainage area or within 100 meters. The court first taking cognizance has jurisdiction to the exclusion of others.

A city mayor, city vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant city treasurer, city assessor and assistant city assessor, city accountant, city budget officer, city planning and development coordinator, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city veterinarian, city social welfare and development officer, and city general services officer.

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 from submission; otherwise, the appointment is deemed confirmed.

He must be at least 21 years old at election; an actual resident of the city for at least 1 year prior to election; and a qualified voter in the city.

Both hold office for 3 years unless removed. The city mayor receives a minimum monthly compensation corresponding to Salary Grade 30; the city vice mayor corresponds to Salary Grade 26, under RA 6758 and implementing guidelines.

The city mayor enforces laws and ordinances and implements approved policies, programs, projects, and services. He directs formulation of the city development plan with the city development council and, upon sanggunian approval, implements it.

The city mayor appoints officials and employees whose salaries or wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided in the charter, and appoints officials authorized by law. The vice mayor appoints sanggunian officials/employees except those appointment is specifically provided by law.

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: one from women, one from agricultural/industrial workers, and one from other sectors including urban poor, ICCs, or disabled persons).

The ordinance is presented to the city mayor. If approved, he signs each page. If not, he vetoes and returns it with objections. The sanggunian may override the veto by a two-thirds (2/3) vote of all its members. If the mayor does not communicate the veto within 10 days, the ordinance is deemed approved as if signed.

He may veto an ordinance on the ground that it is ultra vires or prejudicial to the public welfare, stating reasons in writing.

Unless otherwise stated, they take effect after 10 days from posting: (1) a copy posted on the bulletin board at the entrance of the city hall and (2) in at least two other conspicuous places in the city. Posting must be done not later than 5 days after approval, with dissemination/publication requirements also provided in the charter.

Upon assumption, every member must submit full disclosure of business and financial interests and related relationships within the fourth civil degree that may create conflict of interest with persons/entities affected by an ordinance/resolution. The disclosure must be made in writing, part of the record, and submitted before participation in deliberations (or before voting on second/third readings if the member did not participate).

If the city mayor’s office has a permanent vacancy, the city vice mayor becomes mayor. If the vice mayor’s office has a permanent vacancy, the highest ranking sanggunian member becomes mayor or vice mayor, depending on the vacancy. Successors serve only the unexpired term, and ranking is based on proportion of votes obtained in the immediately preceding local election.


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