Law Summary

ARTICLE I: GENERAL PROVISIONS

Title

• The Act is officially titled the "Charter of the City of Maasin."

City Designation and Boundaries

• The Municipality of Maasin is converted into a component city known as the City of Maasin.
• Key Definitions:
  • "City": Refers to the newly established City of Maasin.
• Boundaries:
  • Northeast: Municipality of Tomas Oppus
  • Northwest: Municipality of Matalom
  • South: Canigao Channel and Municipality of Macrohon
  • West: Canigao Channel
• Area: 21,171 hectares according to the approved cadastral survey.

Corporate Powers of the City

• The City has the legal attributes of a municipal corporation, allowing it to:
  • Sue and be sued.
  • Acquire and manage property.
  • Enter contracts.

General Powers

• The City can levy taxes, manage public properties, and execute contracts for public interest.

Liability for Damages

• The City and its officials are not exempt from liability for damages to persons or property.

Jurisdiction

• The City’s police jurisdiction extends to its territorial area and 100 meters around water supply infrastructure, with concurrent jurisdiction with regional trial courts for specific offenses.

ARTICLE II: CITY OFFICIALS IN GENERAL

City Officials

• The City of Maasin shall have various officials, including:
  • City Mayor
  • City Vice Mayor
  • Members of the Sangguniang Panlungsod
  • Various city department heads (e.g., Treasurer, Assessor, Health Officer).

Appointment Procedures

• Heads of departments are appointed by the City Mayor with the concurrence of the majority of the Sangguniang Panlungsod.

ARTICLE III: THE CITY MAYOR AND VICE MAYOR

The City Mayor

• Qualifications:
  • Must be at least 21 years old and a resident of the city for at least one year.
• Term: 3 years, with a salary based on Republic Act No. 6758.
• Duties:
  • Chief executive responsible for city governance.
  • Must propose policies and programs to the Sangguniang Panlungsod.
  • Has emergency powers during disasters.

The City Vice Mayor

• Qualifications:
  • Must possess the same qualifications as the City Mayor.
• Duties:
  • Acts as presiding officer of the Sangguniang Panlungsod.
  • Assumes the duties of the City Mayor in case of vacancy.

ARTICLE IV: THE SANGGUNIANG PANLUNGSOD

Composition and Duties

• Composed of the City Vice Mayor, ten regular members, and sectoral representatives.
• Responsible for:
  • Enacting ordinances and resolutions.
  • Maintaining peace and order.
  • Approving city budgets.

ARTICLE V: PROCESS OF LEGISLATION

Internal Rules of Procedure

• The Sangguniang Panlungsod must adopt its rules within 90 days of member election, detailing organizational structure and legislative procedures.

Quorum and Approval of Ordinances

• A quorum consists of the majority of members.
• Ordinances require the Mayor's approval and can be vetoed, with the Sangguniang Panlungsod able to override by a two-thirds vote.

ARTICLE VI: DISQUALIFICATIONS AND SUCCESSION FOR ELECTIVE CITY OFFICIALS

Disqualifications

• Individuals convicted of serious crimes, those with dual citizenship, and fugitives are disqualified from holding office.

Succession

• The City Vice Mayor assumes the office of the City Mayor in case of a permanent vacancy.

ARTICLE VII: THE APPOINTIVE OFFICIALS OF THE CITY

Qualifications and Duties

• Detailed qualifications and duties are prescribed for various appointive officials, including the City Treasurer, City Assessor, and City Health Officer, each requiring specific educational backgrounds and experience.

ARTICLE VIII: CITY SERVICES

City Fire Station & Jail Services

• Establishment of a fire station and a city jail service, both requiring qualified personnel to ensure safety and rehabilitation.

City School Division

• Establishment of a school division under the Department of Education.

City Prosecution Service

• Establishment of a local prosecution service under the Department of Justice.

ARTICLE IX: TRANSITORY AND FINAL PROVISIONS

Existing Ordinances

• Municipal ordinances remain in effect until amended by the Sangguniang Panlungsod.

Plebiscite

• The City acquires corporate existence upon ratification by voters in a plebiscite within 60 days of the Act's approval.

Succession and Jurisdiction

• The City inherits all assets and liabilities from the Municipality of Maasin and remains under the jurisdiction of Southern Leyte Province.

Tax Rates

• No increase in local tax rates for five years post-corporate establishment.

Key Takeaways

• The Act establishes the City of Maasin as a component city with defined powers and governance structures.
• It outlines the roles of city officials, the legislative process, and the establishment of essential city services.
• Procedures for disqualification, succession of office, and transitory provisions ensure continuity and governance stability.
• A plebiscite is necessary for the city’s official establishment, and existing municipal ordinances remain in force until amended.