Title
Charter converting Kabankalan into a city
Law
Republic Act No. 9394
Decision Date
Mar 16, 2007
The Charter of the City of Borongan establishes provisions for the appointment of a city population officer, the establishment of a city fire station service, city jail service, city schools division, and city prosecution office, as well as the transitory and final provisions for the creation and governance of the City of Borongan in the Philippines.
A

Corporate and General Powers of the City

  • City acts as a political entity with perpetual succession.
  • Granted powers to sue and be sued, use a corporate seal, acquire and convey property, and enter into contracts.
  • Authority to levy taxes, manage city properties, and enforce laws and ordinances.
  • Can condemn property for public use.
  • Liability for damages is not waived.

Jurisdiction of the City

  • Police jurisdiction covers the entire city territory.
  • Extended jurisdiction over water supply drainage areas and facilities.
  • City court shares jurisdiction with neighboring courts over crimes in drainage areas.
  • Police forces have concurrent jurisdiction in applicable zones.
  • Licensing fees collected within such zones accrue to the concerned municipality, not the city.

City Officials

  • The city government includes a mayor, vice-mayor, sangguniang panlungsod members, and various specialized officials (e.g., treasurer, assessor, health officer).
  • City may maintain, create, or consolidate offices.
  • Appointive officials appointed by the mayor with sangguniang panlungsod approval.

City Mayor

  • Chief executive elected at large for 3-year terms.
  • Qualifications: at least 21, resident for 1 year, qualified voter.
  • Responsibilities include policy formulation, development planning, appointments, city representation in transactions, law enforcement, emergency measures, financial management, and coordination with national officials.
  • Authorized to solemnize marriages and presides over various government functions.
  • Can enforce ordinances, ensure effective governance, call official meetings, and oversee public safety and order.
  • Manages resource generation and delivery of basic services.
  • Hold powers for deputized police control and handling emergencies.

City Vice Mayor

  • Elected similarly with the mayor with 3-year term.
  • Same qualifications as mayor.
  • Presides in the sangguniang panlungsod.
  • Appoints sangguniang panlungsod officials and assumes Mayor’s office in cases of vacancy or temporary incapacity.

Sangguniang Panlungsod (City Council)

  • Legislative body composed of vice-mayor, elected members, barangay and youth federation presidents, and sectoral representatives.
  • Powers include enacting ordinances, maintaining peace and order, regulating taxation, land use, licensing, and public utilities.
  • Authorized to provide for social welfare, environmental protection, infrastructure, education, and public health.
  • Can grant franchises, approve budgets, regulate businesses and public activities, and oversee delivery of basic services.

Legislative Processes

  • Rules of procedure must be adopted by the sangguniang panlungsod.
  • Members must disclose financial and business interests to avoid conflicts.
  • Sessions are mostly public, with specified quorum rules.
  • Ordinances approved by mayor or may be vetoed and overridden by a two-thirds vote.
  • Ordinances reviewed by the provincial legislative body and barangay ordinances reviewed by the city council.
  • Posting and publication of ordinances required for effectivity.

Disqualifications and Succession

  • Disqualification criteria include criminal convictions, administrative removal, dual citizenship, mental incapacity, and others.
  • Vacancies in mayor or vice mayor offices are filled by succession from vice mayor and sangguniang panlungsod members ranked by votes.
  • Other vacancies by appointment from nominated party members or city mayor’s recommendation.
  • Temporary incapacity procedures allow vice mayor or council members to exercise mayoral functions with limitations.

Appointive City Officials: Qualifications and Duties

  • Various key officials (Treasurer, Assessor, Accountant, Budget Officer, Planning Coordinator, Engineer, Health Officer, Civil Registrar, Administrator, Legal Officer, Agriculturist, Social Welfare Officer, Environment Officer, Architect, Information Officer, Cooperatives Officer, Population Officer, Veterinarian, General Services Officer) each with specific qualifications, experience requirements, and scope of responsibilities.
  • Duties generally include policy formulation, technical assistance, planning, supervision, enforcement, financial management, service delivery, coordination with national agencies, and disaster response.

Transitory and Final Provisions

  • Existing municipal ordinances remain effective until amended by the city council.
  • No increase in local taxes within 5 years of cityhood.
  • Corporate existence is subject to ratification by plebiscite.
  • Continuing jurisdiction under Province of Negros Occidental and inclusion in its congressional district.
  • Provisions of the Local Government Code apply unless inconsistent.
  • Effectivity upon publication in newspapers.

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