Title
Conversion of San Jose Del Monte to Component City
Law
Republic Act No. 8535
Decision Date
Feb 23, 1998
The Charter of Novaliches City establishes the governance and responsibilities of key city officials, including the qualifications for various positions, the establishment of essential services such as a fire station and jail service, and the transfer of assets and records, while also imposing a tax moratorium and subjecting the creation of the city to a plebiscite.
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Corporate Powers of the City

  • The City is a political body corporate with perpetual succession.
  • Powers include suing and being sued, using a corporate seal, acquiring and conveying properties, entering contracts, and other powers consistent with the Charter.

General Powers of the City

  • The city has power to levy taxes, regulate public roads and spaces, hold and dispose of property, contract, sue, and defend suits.
  • City officials and the City itself are liable for damages for death, injury, or property damage.

Jurisdiction for Police and Water Purity

  • City's police jurisdiction matches its territorial jurisdiction.
  • This jurisdiction extends to the drainage areas and 100 meters around water facilities.
  • Courts in the city and adjoining areas have concurrent jurisdiction in crimes within these zones.
  • Licenses issued within these zones accrue fees to the respective city or municipality.

City Officials

  • The City government includes elected officials such as the city mayor and vice mayor, sangguniang panlungsod members, and appointed officials such as treasurer, assessor, health officer, legal officer, among others.
  • The City may create additional offices or consolidate functions for efficiency.
  • Appointment of department heads requires the city mayor's nomination and majority confirmation by the sangguniang panlungsod.

City Mayor: Qualifications and Powers

  • Elected at large for 3 years, must be at least 21, a resident for at least 1 year, and a qualified voter.
  • Acts as the chief executive with powers including policy direction, appointing city officials, representing the city, executing emergency measures, ensuring faithful discharge of duties, and enforcing laws and ordinances.
  • Has authority to promulgate executive orders, oversee public safety, coordinate with national officials, authorize official trips, and solemnize marriages.
  • Responsible for fiscal management including budget preparation, tax collection, issuance of permits and licenses, and oversight of city development plans.

City Vice Mayor: Qualifications and Functions

  • Elected alongside the mayor with similar qualifications and 3-year term.
  • Presides over the sangguniang panlungsod and signs its financial warrants.
  • Appoints sangguniang panlungsod staff and assumes mayoral duties during vacancies or temporary absences.
  • Performs duties as prescribed by law and ordinance.

Sangguniang Panlungsod Composition and Powers

  • Composed of the vice mayor (presiding officer), ten regular members, barangay and youth federation presidents, and three sectoral representatives (women, workers, and other marginalized sectors).
  • Powers include approving ordinances, maintaining peace and order, regulating trade and public welfare, protecting environment, setting tax rates, imposing penalties, granting franchises, and supervising revenues.
  • Has authority over appropriations, comprehensive land use planning, zoning, public services, and social welfare programs.

Legislative Process and Rules

  • The sangguniang panlungsod shall adopt and update its rules within 90 days after elections.
  • Rules cover organization, committees, legislative process, parliamentary procedures, and discipline of members.
  • Full disclosure of financial and business interests required to avoid conflicts of interest.
  • Minimum regular meetings are once a week; sessions are generally public.

Approval and Veto of Ordinances

  • Ordinances are presented to the city mayor for approval or veto.
  • Mayor can veto items in appropriations or policy ordinances with reasoning; vetoes may be overridden by two-thirds vote.
  • Timely communication and publication of approved ordinances are mandatory.

Review of Ordinances

  • Sanggunian Panlalawigan reviews city ordinances within 30 days and may invalidate those beyond powers.
  • Sanggunian Panlungsod reviews barangay ordinances for consistency and can suspend effectivity pending revisions.
  • Enforcement of disapproved ordinances may lead to official suspension or dismissal.

Effectivity of Ordinances

  • Ordinances take effect 10 days after posting in the City Hall and other conspicuous places.
  • They must be published in local or general newspapers; penal ordinances require publication of gist.

Disqualifications for Elective Officials

  • Includes those convicted of crimes involving moral turpitude within 2 years of sentence completion, those removed from office, dual citizens, fugitives, permanent foreign residents, and the insane or feeble-minded.

Succession and Vacancy in City Offices

  • Vice mayor assumes mayoral office on permanent vacancy; sangguniang panlungsod members succeed vice mayor where applicable, by ranking based on votes.
  • Permanent vacancies in the sangguniang panlungsod appointed by provincial governor from original political party nominees.
  • Temporary absences of mayor handled by vice mayor or ranked sangguniang panlungsod member with limitations on appointment powers.

Appointment, Qualifications and Duties of Key City Officials

  • Includes secretary of sangguniang panlungsod, city treasurer and assistant, city assessor and assistant, city accountant, budget officer, planning and development coordinator, engineer, health officer, civil registrar, administrator, legal officer, social welfare officer, veterinarian, general services officer, environment officer, architect, information officer, cooperatives officer, population officer, and agriculturist.
  • Qualifications generally include Philippine citizenship, residency, good moral character, relevant educational degrees, and civil service eligibility.
  • Duties cover administration, planning, financial management, public health, legal representation, social services, environmental and agricultural management, infrastructure, and public information.
  • Many officials have responsibilities in disaster response and emergency services.

City Fire, Jail, School, and Prosecution Services

  • Fire station with adequate staffing and equipment headed by fire marshal; responsible for fire prevention, suppression, and rescue.
  • City jail established and maintained with humane treatment of detainees; led by a warden with relevant social sciences background.
  • Department of Education to establish and maintain a city school division headed by a qualified superintendent.
  • City prosecution service organized under the DOJ, led by city prosecutor handling criminal cases within the city.

Transitory and Final Provisions

  • Existing municipal ordinances remain in force until changed.
  • Official corporate existence begins upon ratification by plebiscite.
  • Current municipal officials continue until new elections.
  • City succeeds to municipal assets and liabilities.
  • City remains under Bulacan Province jurisdiction and voters participate in provincial elections.
  • No increase in local tax rates for 5 years after cityhood.
  • City remains part of the Fourth Congressional District unless otherwise legislated.
  • Local Government Code and applicable laws apply unless inconsistent with this Act.
  • Separability, reservation on boundary disputes, repeal of inconsistent laws, and effective publication are provided to ensure smooth transition and governance.

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