QuestionsQuestions (Republic Act No. 9005)
RA 9005 converts the Municipality of Tanauan into a component city to be known as the City of Tanauan, comprising Tanauan’s present territory.
It is within the present metes and bounds of the Municipality of Tanauan, as specified by the geographic boundaries and detailed technical line bearings/distances stated in the law.
The boundary provisions are “without prejudice” to any resolution by the appropriate agency or forum of existing boundary disputes or cases involving territorial jurisdiction.
Among others: perpetual succession in its corporate name; power to sue and be sued; use of a corporate seal; acquire/hold/convey property; enter contracts; and exercise other lawful municipal-corporate powers.
Neither the City nor its officials are exempt from liability for death/injury to persons or damage to property.
For police purposes only, it is coextensive with the City’s territorial jurisdiction, and extends over the drainage area/water-supply drainage zone and within 100 meters of water facilities (reservoir, conduit, canal, aqueduct, pumping station) for protecting the purity of the water supply.
They have concurrent jurisdiction over such crimes; the court first taking jurisdiction retains exclusive jurisdiction thereafter.
Examples include: city mayor, vice mayor, sangguniang panlungsod members, city treasurer, city assessor, city accountant, budget officer, planning and development coordinator, city engineer, health officer, civil registrar, administrator, legal officer, social welfare and development officer, veterinarian, general services officer, agriculturist, cooperatives officer, and environment and natural resources officer. Heads are generally appointed by the mayor with concurrence of a majority of all SP members, subject to civil service law; if not acted upon within 15 days, deemed confirmed.
He must be at least 21 years old, a resident of the City for at least one (1) year prior to election, and a qualified voter.
The mayor holds office for three (3) years and receives minimum monthly compensation corresponding to Salary Grade 30 under RA 6758 and its implementing guidelines.
Examples: (1) determine guidelines of city policies and be responsible to the sangguniang panlungsod for the program of government; (2) direct formulation and implement the city development plan upon approval by the sanggunian; (3) appoint officials/employees whose appointments are not otherwise provided; (4) enforce laws and ordinances; (5) issue executive orders; (6) deputized representative for peace and order plan, subject to RA 6975.
He acts as presiding officer of the sangguniang panlungsod and signs all warrants drawn on the city treasury for expenditures appropriated for the sanggunian’s operation.
It includes the city vice mayor (presiding officer), ten regular sanggunian members, presidents of liga ng mga barangay chapter, panlungsod federation of SK, and sectoral representatives. There are three sectoral representatives: (1) women; (2) agricultural or industrial workers (chosen as determined within 90 days prior to elections); and (3) other sectors including urban poor, ICCs, or disabled persons.
The ordinance is presented to the city mayor. If approved, he signs; if vetoed, he returns it with objections. The sanggunian may override the veto by a 2/3 vote of all its members. If the mayor does not communicate the veto within ten (10) days, the ordinance is deemed approved.
Within 30 days after receipt, it examines and may declare an ordinance invalid in whole/part if beyond its power. If it takes no action within 30 days, the ordinance is presumed consistent with law and valid.
Unless otherwise stated, they take effect after ten (10) days from the date a copy is posted at the entrance of the City Hall and in at least two other conspicuous places. Publication in a local newspaper of general circulation is also required for the main features; for ordinances with penal sanctions, the gist must also be published.
Among others: final judgment for moral turpitude or offenses punishable by 1 year or more within two years after serving; removal from office via administrative case; conviction for violating the oath of allegiance; dual citizenship; fugitives from justice; permanent residency abroad/continued availment after effectivity of the Local Government Code; and insanity or feeble-mindedness.