Title
Revised Charter of the City of Baguio
Law
Republic Act No. 11689
Decision Date
Apr 11, 2022
A Philippine Jurisprudence case explores the objectives, territorial boundaries, city officials' powers and duties, legislative process, financial disclosure, qualifications and succession of officials, and roles of appointive officials in the City of Baguio.

Questions (Republic Act No. 11689)

RA No. 11689 is entitled the “Revised Charter of the City of Baguio.” It revises the City of Baguio’s charter, i.e., its organizational and governance framework as a city.

They include making Baguio a home of diverse cultures and inclusive citizenship; advancing education, trade, and tourism consistent with environmental laws; promoting effective and efficient local governance and gender equality; maximizing proprietary functions for general welfare and basic services; preserving natural resources and heritage; and promoting a resilient, sustainable, inclusive, and livable city using innovative/digital means.

It states that the City comprises the present territorial jurisdiction, but without prejudice to resolution by the appropriate agency/forum. The disputed area remains under the LGU with existing administrative supervision until final resolution.

As a political body corporate, it has continuous succession and the powers typical of a municipal corporation: sue and be sued; use a corporate seal; acquire/hold/convey property; enter contracts; and exercise other powers subject to limitations under the Local Government Code (RA 7160) and other laws.

The City may levy taxes/fees/charges; close/open roads and public places; acquire and dispose of property; expropriate for public use; contract and be contracted with; and prosecute/defend suits involving the City, among other granted corporate/general powers.

They include the City Mayor, City Vice Mayor, Sangguniang Panlungsod members and its Secretary, City Treasurer, City Assessor, City Engineer, City Buildings and Architecture Officer, City Health Officer, City Civil Registrar, City Accountant, City Social Welfare and Development Officer, City Budget Officer, City Planning and Sustainable Development Officer, City Administrator, City Legal Officer, City General Services Officer, City Veterinarian, City Human Resource Management Officer, City Environment and Parks Management Officer, City Disaster Risk Reduction and Management Officer, City Tourism Officer, City Public Information Officer, and City Librarian.

The City Mayor may appoint a City Agriculturist, City Population Officer, City Cooperatives Officer, City Solid and Liquid Waste Management Officer, and a City Traffic and Transportation Management Officer.

The Sangguniang Panlungsod may maintain existing offices not mentioned; create other necessary offices; or consolidate functions of any office with another for efficiency and economy.

Heads of offices are appointed by the City Mayor with the concurrence of the majority of all Sangguniang Panlungsod members, subject to civil service rules. The Sanggunian must act within 15 days; otherwise the appointment is deemed confirmed.

No increase in compensation of the City Mayor, City Vice Mayor, and Sangguniang Panlungsod members takes effect until after the expiration of the full term of the local officials who approved such increase.

It states that the City Mayor shall exercise powers and perform duties as provided under Section 455 of the Local Government Code (RA 7160), as amended, and other laws and ordinances.

The City Mayor receives a minimum monthly compensation corresponding to Salary Grade 30 (RA 6758). The City Vice Mayor receives a minimum monthly compensation corresponding to Salary Grade 28 (RA 6758).

It consists of the City Vice Mayor as presiding officer; 12 elected regular Sangguniang Panlungsod members; the president of the city chapter of the Liga ng mga Barangay; the president of the Pederasyon ng mga Sangguniang Kabataan; and the sectoral representative for indigenous people of Baguio City.

On the first regular session following the election of its members and within 90 days thereafter, it must adopt or update its rules of procedure, including provisions on organization/committees, order of business, legislative process, parliamentary procedures, discipline of members, and other rules.

A majority of all elected and qualified Sanggunian members constitutes quorum. If quorum is questioned, the presiding officer calls the roll and announces results. If no quorum, recess or adjournment may be made; the presiding officer may compel attendance of absent members. If still no quorum, no business is transacted and the session is adjourned for lack of quorum.

The ordinance is submitted to the City Mayor; if approved, the Mayor signs each page. If vetoed, the Sanggunian may override by a 2/3 vote of all members. The veto must be communicated within 10 days; otherwise, it is deemed approved. The City Mayor may veto ordinances on grounds like being ultra vires or prejudicial to public welfare and may item-veto appropriations or certain measures.

Members must disclose business/financial interests, including stock/investments and contracts/agreements with persons/entities affected by ordinances/resolutions, plus relationships within the 4th civil degree that may create conflict of interest. It must be made in writing before the member participates in deliberations; if the member does not participate, before voting on second/third readings. It must also be made when taking a position or privilege speech affecting such interests.


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