Title
Cabuyao City Charter Conversion Act
Law
Republic Act No. 10163
Decision Date
May 16, 2012
The Charter of the City of Cabuyao establishes provisions and responsibilities for sectors such as agriculture, fire station services, jail services, schools division, and prosecution services, while also outlining transitory and final provisions for the city's transition and governance.
A

Corporate and General Powers

  • City is a political entity with perpetual succession.
  • Powers include suing and being sued, possessing a seal, owning property, contracting agreements.
  • Authority to levy taxes, regulate public works, expropriate property, and enforce laws.
  • Liability for damages is not exempted for the City or its officials.

Jurisdiction for Policing and Water Supply Protection

  • Police jurisdiction aligns with the city territory.
  • Extended jurisdiction to water supply drainage areas up to 100 meters around related infrastructures.
  • Concurrent jurisdiction with adjoining municipalities’ courts and police for this extended area.

City Officials Structure

  • Elective positions include City Mayor, Vice Mayor, and Sangguniang Panlungsod members.
  • Appointive positions cover various departments: treasury, health, legal, planning, etc.
  • City Mayor appoints some officials with sangguniang panlungsod concurrence.
  • Compensation aligned with relevant salary grades and limits.

City Mayor Powers and Duties

  • Chief executive officer with 3-year term, maximum 3 consecutive terms.
  • Qualifications include Philippine citizenship, age 21+, and residency.
  • Powers include policy formulation, development planning, appointment, representation, emergency measures, and reporting.
  • Authority over executive functions, enforcement, resource generation, and service delivery.
  • Authorized to handle public welfare, local ordinances, police supervision, and fiscal management.

City Vice Mayor Roles

  • Elected similarly, same qualifications.
  • Presides over the sangguniang panlungsod sessions.
  • Appoints sangguniang panlungsod officials.
  • Assumes mayoral duties during vacancy or incapacity.

Legislative Body: Sangguniang Panlungsod

  • Composed of vice mayor (presiding), 10 regular members, barangay and youth federation presidents, and 3 sector representatives (women, workers, others).
  • Powers include enacting ordinances, passing resolutions, appropriating funds, and regulating business and land use.
  • Duties cover environmental protection, public health, welfare, safety, economic growth, and public order.
  • Compensation set by law.

Legislative Process and Rules

  • Adoption and implementation of internal procedural rules mandatory within 90 days post-election.
  • Rules cover organization, committee formation, legislative calendar, conduct, discipline, and parliamentary procedures.
  • Disclosure of financial/business interests by sangguniang panlungsod members to avoid conflicts.
  • Sessions to be public except for special cases; quorum rules are strict with compulsory attendance.

Ordinance Approval and Review

  • Ordinances presented to mayor for signature or veto within 10 days.
  • Mayor can veto whole or part of ordinances on grounds of ultra vires or prejudice to public welfare.
  • Veto override requires two-thirds vote of sangguniang panlungsod.
  • Sanggunian Panlalawigan reviews ordinances within 30 days for validity.
  • Barangay ordinances reviewed by sangguniang panlungsod, disapproved ordinances are suspended until amended.
  • Enforcement of disapproved ordinances grounds for suspension or dismissal of officials involved.

Effectivity and Publication of Ordinances

  • Ordinances take effect 10 days after posting on city hall and two conspicuous places.
  • Published in local or general circulation newspapers.

Disqualification and Succession of Elective Officials

  • Disqualifications include final convictions for crimes, administrative removal, oath violations, dual citizenship, fugitive status, permanent foreign residency, and mental incapacity.
  • Succession rules: vice mayor succeeds mayor; ranked sanggunian members succeed vice mayor and among themselves.
  • Provincial governor appoints replacements for sangguniang panlungsod vacancies of party nominees.
  • Temporary incapacity of mayor handled by vice mayor or highest-ranking sangguniang panlungsod member with limits on powers exercised.

Appointment and Qualifications of City Officials

  • Various appointive officials must meet citizenship, residency, moral character, education and civil service eligibility.
  • Specific experience and professional licenses required for specialized roles (e.g., city treasurer, assessor, accountant, health officer).
  • Officials oversee their respective departments such as treasury, planning, health, legal, social welfare, veterinary, environment, architecture, information, cooperatives, population, agriculture, and general services.

Special City Services

  • Establishment of city fire station, headed by fire marshal adhering to Bureau of Fire Protection standards.
  • City jail service setup with a jail warden for custody and welfare of detainees.
  • City schools division maintained by DepEd with qualified superintendent.
  • City prosecution service headed by city prosecutor under DOJ supervision for handling criminal cases.

Transitory and Final Provisions

  • Existing municipal ordinances remain effective until superseded.
  • City existence ratified by plebiscite; expenses borne by Cabuyao Municipality.
  • Present municipal officials continue until new officials assume office after election.
  • City succeeds municipality in assets, liabilities, obligations.
  • Cabuyao voters partake in provincial elections; city remains under Laguna province jurisdiction.
  • Five-year suspension on local tax rate increases post-conversion.
  • Continuation in Second Congressional District unless changed by law.
  • Local Government Code and applicable laws govern unless inconsistent with this Act.
  • Separability clause for invalid provisions.
  • Effectivity 15 days after publication.

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