Title
Charter converting General Trias into a city
Law
Republic Act No. 10675
Decision Date
Aug 19, 2015
The Charter of the City of General Trias outlines the qualifications and responsibilities of key positions such as the City Agriculturist, City Fire Station Service, City Jail Service, City Schools Division, and City Prosecution Service, as well as the transitory and final provisions for the city's governance and services.

City territorial jurisdiction and boundaries

  • The City comprises the present territory of the Municipality of General Trias, Province of Cavite (Section 2).
  • The City’s territorial jurisdiction remains within the present metes and bounds of the Municipality of General Trias (Section 2).
  • Boundary disputes involving territorial jurisdiction between the City and adjoining LGUs are preserved for resolution by the appropriate agency or forum (Section 2).
  • In boundary disputes, the territorial jurisdiction of the disputed areas remains with the LGU having existing administrative supervision until final resolution (Section 2).

Corporate powers and liability

  • The City has perpetual succession in its corporate name and may sue and be sued (Section 3).
  • The City may have and use a corporate seal and acquire, hold, and convey real or personal property (Section 3).
  • The City may enter into contracts and agreements and exercise other corporate powers subject to the charter and other laws (Section 3).
  • The City may levy taxes, fees and charges, open and close roads and public spaces, and expropriate or condemn private property for public use (Section 4).
  • The City is not exempt from liability for death or injury to persons or damage to property arising from acts of the City and its officials (Section 5).

City police jurisdiction and courts

  • The City’s police jurisdiction for police purposes is coextensive with its territorial jurisdiction (Section 6).
  • For water protection, police jurisdiction extends to the drainage area of the City’s water supply or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the City water service (Section 6).
  • The City Court of General Trias has concurrent jurisdiction with the city or municipal court of adjoining municipalities or cities to try crimes and misdemeanors committed within the drainage area or within 100 m. of the specified water works (Section 6).
  • The court first taking cognizance of an offense has jurisdiction to try the case to the exclusion of others (Section 6).
  • Police forces of several concerned municipalities and cities have concurrent jurisdiction with the City police forces for maintaining good order and enforcing ordinances in the covered zone (Section 6).
  • Licenses issued in the covered water zone must be granted by the proper authorities of the city or municipality concerned, and the fees accrue to that treasury, not to the City (Section 6).

City officials and administrative structure

  • The City government includes these officials: City Mayor, City Vice Mayor, Sangguniang Panlungsod members, secretary to the Sangguniang Panlungsod, City Treasurer, City Assessor, City Accountant, City Budget Officer, City Planning and Development Officer, City Engineer, City Health Officer, City Civil Registrar, City Administrator, City Legal Officer, City Social Welfare and Development Officer, City Veterinarian, and City General Services Officer (Section 7).
  • The City Mayor may appoint additional officers: City Environment and Natural Resources Officer, City Architect, City Information Officer, City Cooperatives Officer, City Population Officer, and City Agriculturist (Section 7).
  • A city fire station must be established headed by a City Fire Marshal, a city jail headed by a City Jail Warden, a city schools division headed by a superintendent, and a city prosecution service headed by a city prosecutor (Section 7).
  • The Sangguniang Panlungsod may maintain existing offices not mentioned, create other necessary offices, or consolidate functions for efficiency and economy (Section 7).
  • Heads of departments and offices are appointed by the City Mayor with concurrence of the majority of all Sangguniang Panlungsod members, subject to civil service rules; the Sangguniang Panlungsod must act within fifteen (15) days or the appointment is deemed confirmed (Section 7).
  • City officials’ compensation is subject to law and the budget limitations under Title Five, Book II of the Local Government Code of 1991, as amended, and no increase for the City Mayor, City Vice Mayor, and Sangguniang Panlungsod member takes effect until after the expiration of the full term of local officials approving the increase (Section 7).

City mayor: qualifications, term, and powers

  • The City Mayor is the chief executive of the City, elected at large by qualified voters (Section 8).
  • A City Mayor candidate must be a citizen of the Philippines, at least twenty-one (21) years of age, a resident of the City for at least one (1) year prior to election, a qualified voter, and able to read and write Filipino or any other local language or dialect (Section 8).
  • The City Mayor holds office for three (3) years, unless sooner removed, and serves for not more than three (3) consecutive terms (Section 8).
  • The City Mayor receives minimum monthly compensation corresponding to Salary Grade Thirty (30) under Republic Act No. 6758 and its implementing guidelines (Section 8).
  • The City Mayor must exercise general supervision and control over all city programs and determine city policy guidelines, responsible to the Sangguniang Panlungsod for the program of government (Section 8).
  • The City Mayor must direct formulation of the City development plan with assistance of the city development council, and implement it upon approval by the Sangguniang Panlungsod (Section 8).
  • The City Mayor must present the program of government and propose policies/projects at the opening of the regular session of the Sangguniang Panlungsod every calendar year and as necessary (Section 8).
  • The City Mayor must appoint officials and employees whose salaries and wages are wholly or mainly paid out of city funds, and whose appointment is not otherwise provided in the charter (Section 8).
  • The City Mayor represents the City in business transactions and signs bonds, contracts, and obligations on the City’s behalf upon authority of the Sangguniang Panlungsod or pursuant to law or ordinance (Section 8).
  • The City Mayor must carry out emergency measures during and after man-made and natural disasters and calamities (Section 8).
  • The City Mayor must ensure executive officials and employees discharge duties and cause administrative or judicial proceedings against any city official/employee who commits an offense in the performance of official duties (Section 8).
  • The City Mayor may examine books, records and documents of City offices and require national officials/employees stationed in the City to make available records, except those classified by law as confidential (Section 8).
  • The City Mayor must furnish copies of executive orders to the Provincial Governor within seventy-two (72) hours after issuance (Section 8).
  • The City Mayor must visit component barangays at least once every six (6) months and conduct inspections and counsel to improve governance quality of life (Section 8).
  • The City Mayor must act on leave applications and authorize official trips outside the City for a period not exceeding thirty (30) days, with longer or abroad trips authorized under the Local Government Code (Section 8).
  • The City Mayor must solemnize marriages notwithstanding any contrary law (Section 8).
  • The City Mayor must conduct an annual palarong panlungsod featuring traditional sports and disciplines included in national and international games, in coordination with the Department of Education (DepED) (Section 8).
  • The City Mayor must submit to the provincial governor an annual report summarizing matters pertinent to City management, administration, development, and political/social/economic conditions, and supplemental reports when unexpected events and particularly disasters/calambities affect general welfare (Section 8).
  • The City Mayor enforces laws and ordinances, issues executive orders for enforcement, and may carry the necessary firearms within the City’s territorial jurisdiction (Section 8).
  • The City Mayor serves as deputized representative of the National Police Commission and formulates and implements the City peace and order plan under Republic Act No. 6975 (Section 8).
  • The City Mayor may call law enforcement agencies to suppress disorder, riot, lawless violence, rebellion, sedition, or apprehend violators when public interest so requires and the City police forces are inadequate (Section 8).
  • The City Mayor must initiate resource generation and revenues and apply them to development plans, with particular attention to agro-industrial development and countryside growth (Section 8).
  • The City Mayor must require each office head to prepare estimate of appropriations for the ensuing calendar year in the budget preparation process under Republic Act No. 7160 (Section 8).
  • The City Mayor must prepare and submit the executive and supplemental budgets for approval by the Sangguniang Panlungsod in the manner provided by the Local Government Code (Section 8).
  • The City Mayor must ensure taxes and revenues are collected and City funds used to pay expenses and settle City obligations in accordance with law or ordinance (Section 8).
  • The City Mayor must issue licenses/permits and suspend or revoke them for violations of the conditions for issuance under law or ordinance (Section 8).
  • The City Mayor may issue permits without needing approval from any national agency for charitable or welfare activities, excluding prohibited games of chance and shows contrary to law, public policy, and public morals (Section 8).
  • The City Mayor must require owners of illegally constructed houses, buildings, or structures to obtain necessary permits (subject to fines/penalties by law or ordinance), or to make necessary changes when construction violates law/ordinance, or to order demolition/removal within the period prescribed by law/ordinance (Section 8).
  • The City Mayor must adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the City (Section 8).
  • The City Mayor must provide property and supply management and protect City funds, credits, rights, and properties (Section 8).
  • The City Mayor must institute or cause proceedings for violation of ordinances in the collection of taxes/fees/charges and for recovery of funds/property and defend the City against suits (Section 8).
  • The City Mayor must ensure delivery of basic services and adequate facilities, coordinate technical services from national/provincial offices, and ensure contiguous road/bridge projects funded by the national government as far as practicable (Section 8).
  • During incumbency, the City Mayor must hold office in the city hall (Section 8).

City vice mayor: duties and succession functions

  • The City Vice Mayor is elected the same way as the City Mayor, must have the same qualifications at election time, and holds office for three (3) years, unless sooner removed (Section 9).
  • The City Vice Mayor receives monthly compensation corresponding to Salary Grade Twenty-six (26) under Republic Act No. 6758 and its implementing guidelines (Section 9).
  • The City Vice Mayor presides over the Sangguniang Panlungsod and signs warrants drawn on the City Treasury for Sangguniang Panlungsod expenditures (Section 9).
  • Subject to civil service law, rules, and regulations, the City Vice Mayor appoints officials and employees of the Sangguniang Panlungsod except those whose appointment is specifically provided in the Local Government Code (Section 9).
  • The City Vice Mayor becomes City Mayor for an unexpired term in a permanent vacancy, assumes powers/duties of City Mayor in temporary vacancy, and performs other duties as provided by law/ordinance (Section 9).

Sangguniang Panlungsod composition, powers, and legislation process

  • The Sangguniang Panlungsod is the legislative body composed of: the City Vice Mayor (presiding officer), ten (10) regular sanggunian members, the president of the city chapter of the Liga ng mga Barangay, the president of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan, and three (3) sectoral representatives (Section 10).
  • The sectoral representatives are: one (1) women sector, one (1) agricultural or industrial workers sector (determined by the Sangguniang Panlungsod within ninety (90) days prior to local elections), and one (1) from other sectors including urban poor, indigenous cultural communities, or persons with disabilities (PWDs) (Section 10).
  • Regular members and sectoral representatives are elected in the manner provided by law, and the regular sanggunian members and sectoral representatives receive minimum compensation corresponding to Salary Grade Twenty-five (25) under Republic Act No. 6758 (Section 10).
  • The Sangguniang Panlungsod enacts ordinances, approves resolutions, and appropriates funds for general welfare pursuant to the Local Government Code (Section 11).
  • The Sangguniang Panlungsod reviews barangay ordinances and executive orders to ensure they are within the powers of barangay and Punong Barangay (Section 11).
  • The Sangguniang Panlungsod maintains peace and order by enacting measures to prevent/suppress lawlessness, disorder, riot, violence, rebellion, or sedition, and imposes penalties for ordinance violations (Section 11).
  • The Sangguniang Panlungsod may approve an ordinance imposing a fine not exceeding PHP 5,000.00 or imprisonment not exceeding one (1) year, or both, at the discretion of the court, for violation of a city ordinance (Section 11).
  • The Sangguniang Panlungsod may enact ordinances to prevent habitual drunkenness in public places, vagrancy, mendicancy, prostitution, houses of ill-repute, gambling and other prohibited games of chance, fraudulent devices/ways to obtain money or property, drug addiction and drug dens, drug pushing, juvenile delinquency, and obscene/pornographic materials or publications, among other activities inimical to welfare and morals (Section 11).
  • The Sangguniang Panlungsod protects the environment and imposes penalties for acts endangering the environment including illegal logging, smuggling of logs, smuggling natural resource products and endangered species, slash-and-burn farming, and pollution/ecological imbalance resulting activities (Section 11).
  • The Sangguniang Panlungsod determines positions, salaries, wages, allowances, and emoluments/benefits of officials and employees paid wholly or mainly from city funds and provides for expenditures for proper conduct of city programs (Section 11).
  • The Sangguniang Panlungsod may authorize the payment of compensation or honoraria for qualified persons filling temporary vacancies at rates authorized by law (Section 11).
  • The Sangguniang Panlungsod provides mechanisms and funds to safeguard city government properties and public documents/records such as property inventory, land ownership, civil registry records, assessments, taxation, accounts, and business permits (Section 11).
  • When finances allow, the Sangguniang Panlungsod may provide additional allowances and benefits to judges, prosecutors, public elementary and high school teachers, and other national government employees stationed or assigned in the City (Section 11).
  • The Sangguniang Panlungsod may provide legal assistance to barangay officials in judicial proceedings related to performance of official duties or occasion thereof (Section 11).
  • When finances allow, the Sangguniang Panlungsod may provide group insurance or additional insurance coverage for barangay officials including members of barangay tanod brigades and service units with public or private insurance companies (Section 11).
  • The Sangguniang Panlungsod approves annual and supplemental budgets and appropriate funds for City programs/projects/services/activities and other lawful purposes for general welfare (Section 11).
  • The Sangguniang Panlungsod may enact ordinances levying taxes/fees/charges, prescribing rates, granting tax exemptions/incentives/reliefs, subject to the Local Government Code and upon majority vote of all members (Section 11).
  • Upon majority vote, the Sangguniang Panlungsod may authorize the City Mayor to negotiate and contract loans and other forms of indebtedness, subject to the Local Government Code and applicable laws (Section 11).
  • Upon majority vote, the Sangguniang Panlungsod may enact ordinances authorizing the floating of bonds or other instruments of indebtedness to finance development projects, subject to the Local Government Code and applicable laws (Section 11).
  • Upon majority vote, the Sangguniang Panlungsod may authorize the City Mayor to lease to private parties public buildings held in a proprietary capacity, subject to existing laws (Section 11).
  • The Sangguniang Panlungsod adopts a comprehensive land-use plan for the City in coordination with the provincial comprehensive land-use plan, and it enacts integrated zoning ordinances consonant with that plan subject to existing laws (Section 11).
  • The Sangguniang Panlungsod reclassifies lands within City jurisdiction subject to the Local Government Code (Section 11).
  • The Sangguniang Panlungsod establishes fire limits/zones, especially in populous centers, and regulates construction/repair/modification within such limits in accordance with the Fire Code of the Philippines (Section 11).
  • The Sangguniang Panlungsod processes and approves subdivision plans subject to national law and collects processing fees and charges that accrue entirely to the City; when national agency approval is required, it cannot be withheld for more than thirty (30) days from receipt of the application, and failure to act within this period is deemed approval (Section 11).
  • The Sangguniang Panlungsod may grant exclusive privilege of constructing fish corrals/fish pens or taking/catching bangus fry, prawn fry, kawag-kawag, or fry of any species/fish within City waters subject to the Local Government Code (Section 11).
  • The Sangguniang Panlungsod may grant tax exemptions/incentives/reliefs to entities engaged in community growth-inducing industries only upon concurrence of at least two-thirds (2/3) vote of all members, subject to the Local Government Code (Section 11).
  • With applicable rules, the Sangguniang Panlungsod may grant loans or provide grants to LGUs or to national/provincial/city charitable, benevolent, or educational institutions operating and maintained within the City (Section 11).
  • The Sangguniang Panlungsod regulates numbering of buildings and inspection/weighing/measuring of articles of commerce (Section 11).
  • The Sangguniang Panlungsod enacts ordinances granting franchises and authorizing permits/licenses to promote general welfare; it fixes reasonable fees/charges for services rendered by the city government and regulates business/profession license fees and revocation conditions (Section 11).
  • The Sangguniang Panlungsod may regulate signs/signboards/billboards license fees at the location where the profession/business is conducted (Section 11).
  • The Sangguniang Panlungsod may license the establishment/operation/maintenance of cockpits and regulate cockfighting and commercial breeding of gamecocks, without prejudicing existing rights (Section 11).
  • The Sangguniang Panlungsod may regulate tricycles and grant franchises for their operation within City territorial jurisdiction subject to guidelines by the Department of Transportation and Communications (DOTC) (Section 11).
  • Upon approval by a majority vote, the Sangguniang Panlungsod grants franchises to persons/partnerships/corporations/cooperatives to do business in the City, and it establishes/constructs/operates/maintains ferries, wharves, markets, or slaughterhouses or undertakes other activities allowed by existing laws, giving cooperatives preference (Section 11).
  • The Sangguniang Panlungsod regulates nuisances; requires sanitary maintenance of buildings/premises/lands and imposes penalties, or orders work done at the expense of the owner/administrator/tenant; it may require filling up of land/premises to a grade needed for sanitation (Section 11).
  • The Sangguniang Panlungsod regulates disposal of clinical and other wastes from hospitals/clinics and similar establishments (Section 11).
  • The Sangguniang Panlungsod regulates restaurants/beerhouses/hotels/motels/inns/pension/lodging houses and similar establishments, including tourist guides and transports (Section 11).
  • The Sangguniang Panlungsod regulates sale/giving away/dispensing of intoxicating malt, vino, mixed or fermented liquors at retail outlets (Section 11).
  • The Sangguniang Panlungsod regulates steam boilers or heating devices, and storage of inflammable and highly combustible materials in the City (Section 11).
  • The Sangguniang Panlungsod regulates entertainment/amusement facilities and events that disturb the community, and it may require suspension/suppression or prohibit certain forms of amusement for social and moral welfare (Section 11).
  • The Sangguniang Panlungsod provides for impounding of stray animals, regulates keeping of animals in homes or as business and animal slaughter/sale/disposition, and adopts measures to prevent and penalize cruelty to animals (Section 11).
  • The Sangguniang Panlungsod regulates funeral parlors and burial/cremation of the dead subject to existing laws/rules (Section 11).
  • The Sangguniang Panlungsod ensures delivery of basic services and facilities and provides measures including: tree parks/greenbelts/mangroves/forest development projects; markets/slaughterhouses/animal corrals by City government and regulation of private markets/talipapas; City-government-operated ferries/wharves for marine/offshore productivity; regulation of preparation and sale of meat/poultry/fish/vegetables/fruits/fresh dairy and other foodstuffs; regulation and improvement/repair of streets/public places including bus stops/terminals and garages/conveyances for hire and lighting/cleaning/sprinkling; traffic regulation, removal of encroachments/illegal constructions; establishment and operation of waterworks systems and regulation of hydrants/pumps/cisterns/reservoirs; extension of ordinance coverage to drainage area within 100 m. of the waterworks; regulation of water consumption/use/wastage and charges; regulation of drilling/excavation for pipes and public drainage systems; safety measures against open canals/manholes/live wires and regulation of private water closets/privies; regulation of gas/electric telegraph/telephone wires and correction/condemnation/removal of hazardous apparatus; vocational/technical schools with TESDA approval and collection of reasonable tuition and school charges subject to existing tuition fee laws; scholarship fund for poor but deserving students; quarantine regulations; solid waste system and anti-littering rules; care for persons with disabilities, paupers, aged, sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children, and needy/disadvantaged children and youth below eighteen (18) years through City centers and facilities when funds allow; jail and detention center maintenance and subsistence programs; establishment of a city council for culture and arts and coordination with agencies/NGOs; and establishment of a city council for the elderly and senior citizens with policies, measures, incentives, and appropriate funding when available (Section 11).
  • The Sangguniang Panlungsod must adopt or update its internal rules within ninety (90) days after the election of its members and on the first regular session thereafter (Section 12).
  • The internal rules must include organization/election of officers and standing committees, committee jurisdictions, legislative process, parliamentary procedures, and discipline rules that include censure/reprimand/exclusion, suspension up to sixty (60) days, or expulsion (Section 12).
  • Expulsion or suspension requires concurrence of at least two-thirds (2/3) of all Sangguniang Panlungsod members, and any member convicted by final judgment to imprisonment of at least one (1) year for a crime involving moral turpitude is automatically expelled (Section 12).
  • Every Sangguniang Panlungsod member must make full written disclosure of business and financial interests upon assumption to office and disclose conflict relationships within the fourth civil degree when affected by ordinances/resolutions, including stock/capital ownership and contracts/agreements (Section 13).
  • The disclosure must be filed with the secretary of the Sangguniang Panlungsod or the secretary of the committee and must become part of the record of proceedings (Section 13).
  • The disclosure must be made before a member participates in deliberations; if the member does not participate, it must be made before voting on second and third readings; it must also be made when the member takes a position or makes a privilege speech on a matter affecting the disclosed interests/relationships (Section 13).
  • The Sangguniang Panlungsod fixes the day, time and place of regular sessions by resolution on the first day of the session after election, with minimum regular sessions once a week for the Sangguniang Panlungsod and twice a month for the sangguniang barangay (Section 14).
  • Special sessions may be called by the City Mayor or by a majority of Sangguniang Panlungsod members; special sessions require personal service of written notice to members at least twenty-four (24) hours before the session (Section 14).
  • All sessions are open to the public unless a closed-door session is ordered by affirmative vote of a majority of members present with a quorum, for public interest or reasons of security, decency, or morality; no two (2) sessions, regular or special, may be held in a single day (Section 14).
  • The Sangguniang Panlungsod keeps a journal and record of proceedings which may be published by resolution of the majority of members (Section 14).
  • Quorum is constituted by a majority of all elected and qualified members; if raised, the presiding officer calls the roll and announces the result; without quorum, recess/adjournment applies and the presiding officer or majority can compel attendance using designated member(s) assisted by the police assigned in the City territorial jurisdiction; if still no quorum, the presiding officer adjourns for lack of quorum (Section 15).
  • Every ordinance enacted must be presented to the City Mayor; if approved, the City Mayor signs on each page; if disapproved/vetoed, the City Mayor returns it with written objections and the Sangguniang Panlungsod may reconsider and override by two-thirds (2/3) vote of all its members (Section 16).
  • The City Mayor must communicate veto within ten (10) days; otherwise the ordinance is deemed approved as if signed (Section 16).
  • The City Mayor may veto an ordinance on ground of it being ultra vires or prejudicial to public welfare, stating

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