Title
Charter of the City of Borongan
Law
Republic Act No. 9394
Decision Date
Mar 16, 2007
Republic Act No. 9394 converts the Municipality of Borongan in Eastern Samar into a component city, granting it corporate powers and governance structures to enhance local administration and promote the welfare of its residents.
A

Corporate and General Powers

  • City is a political corporation with perpetual succession.
  • Powers: sue and be sued, hold property, enter contracts, levy taxes, expropriate property, regulate public spaces.
  • City may adopt common seal and modify it.

General Welfare and Liability

  • City exercises powers necessary for governance and general welfare.
  • Initiatives include cultural preservation, health, ecological balance, economic prosperity, social justice, employment, peace and order.
  • City and officials liable for damages caused.

Police Jurisdiction

  • Police jurisdiction aligns with city territorial boundaries.
  • For water supply protection, jurisdiction extends to drainage areas and 100 meters radius from water infrastructure.
  • Concurrent court jurisdiction for crimes in water supply protected areas.
  • Revenue from licenses in overlapping zones accrue to respective LGUs.

City Officials and Administrative Structure

  • City officials include mayor, vice mayor, sangguniang panlungsod members, and various department heads.
  • Additional roles like environment officer and architect may be appointed.
  • Appointment of officials subject to legislative concurrence and civil service rules.

City Mayor: Qualifications, Term, and Duties

  • Elected at large; must be 21 years of age, resident for 1 year, qualified voter.
  • Term: 3 years; compensation per Salary Grade 30.
  • Duties: chief executive functions, policy formulation, development plan implementation, legislative liaison, appointments, representation of the city.
  • Exercises emergency powers, enforces laws, supervises officials, manages city resources.
  • Authority includes police control, fiscal management, licensing, and public welfare activities.

City Vice Mayor: Qualifications, Term, and Duties

  • Same election criteria as mayor; term 3 years, Salary Grade 26.
  • Presides over sangguniang panlungsod, signs expenditure warrants.
  • Appoints sanggunian officials, assumes mayoral duties in vacancies or temporary absences.

Sangguniang Panlungsod: Composition and Functions

  • Includes vice mayor, 10 regular members, presidents of barangay and youth federations, and three sectoral representatives.
  • Legislative body responsible for ordinances, resolutions, tax imposition, budgets, peace and order, environment protection, welfare programs.
  • Can authorize loans, franchises, regulate public utilities, and adopt land use plans.
  • Provide legal aid, insurance for officials, and promote cooperative and socio-economic programs.

Legislative Process: Rules, Sessions, Quorum, and Ordinance Approval

  • Adopt internal procedural rules, establish committees.
  • Sessions held weekly; special sessions require notice.
  • Majority constitutes quorum; can compel attendance of absent members.
  • Ordinances approved by mayor, who may veto with grounds; veto override requires two-thirds vote.
  • Ordinances reviewed by provincial sanggunian and barangay sanggunian for conformity with laws.
  • Enforcement of disapproved ordinances may cause official sanctions.
  • Ordinances take effect 10 days after public posting and publication.

Succession for Elective Officials

  • Vice mayor succeeds mayor upon vacancy; sanggunian members succeed vice mayor.
  • Further vacancies filled by appointment from the political party of former member or by city mayor upon recommendation.
  • Temporary mayoral incapacity duties assumed by vice mayor or highest ranking sanggunian member with appointment powers triggered after 30 days.

Appointive Officials: Qualifications and Duties

  • Secretary to the sangguniang panlungsod: career official, legal or public administration degree preferred, civil service eligibility required.
  • City Treasurer and Assistant: appointed by Secretary of Finance upon city mayor's recommendation, require commerce/law degree, civil service eligibility, experienced in treasury/accounting.
  • City Assessor and Assistant: engineering or commerce degree preferred, civil service eligibility, experience in property assessment.
  • City Accountant: certified public accountant with experience in government accounting.
  • Budget Officer: experience in government budgeting, degree in accounting/economics/public administration.
  • Planning and Development Coordinator: degree in urban planning or related fields, experience in development planning.
  • Engineer: licensed civil engineer with requisite experience, supervises public works.
  • Health Officer: licensed medical practitioner with experience, supervises health programs.
  • Civil Registrar: manages civil registration, issues certificates and marriage licenses.
  • Administrator: manages city government coordination, administrative reforms and personnel.
  • Legal Officer: licensed lawyer, handles legal representation, drafts ordinances, investigates misconduct.
  • Social Welfare Officer: licensed social worker or related degree, handles social services.
  • Veterinarian: licensed doctor of veterinary medicine, oversees animal health and welfare.
  • General Services Officer: handles supply, sanitation, property management.
  • Agriculturist: degree in agriculture, oversees agricultural services.
  • Cooperatives Officer: manages cooperative development.
  • Environment Officer: manages natural resources and environment conservation.
  • Architect: licensed architect, responsible for architectural planning and design.
  • Information Officer: manages public information and media relations.
  • Population Officer: oversees population development programs.

City Fire Station, Jail, Schools Division, and Prosecution Service

  • Fire Station: established with adequate personnel and facilities, headed by fire marshal.
  • Jail Service: secured, sanitary jail managed by warden with social sciences background.
  • Schools Division: maintained by DepEd, headed by division superintendent.
  • Prosecution Service: headed by city prosecutor under DOJ, handles criminal cases within city jurisdiction.

Transitory and Final Provisions

  • Existing municipal ordinances remain effective until modified by city sanggunian.
  • City corporate existence contingent on plebiscite ratification.
  • Current municipal officials continue until new elections and qualification.
  • City succeeds to all municipal assets and liabilities.
  • Voters of the city vote for provincial elective offices.
  • City remains under province jurisdiction unless otherwise provided.
  • No local tax increases for five years following cityhood.
  • City remains part of lone congressional district.
  • Local Government Code governs unless inconsistent with this charter.
  • City exempt from RA 9009 income requirements.
  • Charter severability and precedence specified.
  • Allows for resolution of boundary disputes post-cityhood.
  • Repeal or amendment of inconsistent laws.
  • Effectivity 15 days after publication.

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