Title
Charter converting Sagay Municipality into City
Law
Republic Act No. 8509
Decision Date
Feb 13, 1998
The Charter of the City of San Fernando outlines the roles and responsibilities of city officers, including the City Agriculturist, City Population Officer, City Environment and Natural Resources Officer, and City Cooperatives Officer, while also establishing the jurisdiction and applicability of laws in the city.
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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, acquiring and conveying property, entering contracts, and other corporate capacities.

General Powers of the City

  • The City may use a common seal and alter it.
  • It can levy taxes, close public roads and parks, acquire and dispose of property, and condemn private property for public use.
  • The City can contract, sue, be sued, and perform all powers granted to corporations.

Liability for Damages

  • The City and its officials are liable for death, injury, or property damage.

Police Jurisdiction

  • Police jurisdiction covers the City's territorial limits and the drainage area of the water supply within one hundred meters of related facilities.
  • City courts have concurrent jurisdiction over crimes in these areas.
  • Police forces of adjacent municipalities share concurrent jurisdiction.
  • Licenses within this area are issued by the respective city or municipal authorities.

City Officials

  • The City shall have a mayor, vice mayor, sangguniang panlungsod members, and various appointed officials including treasurer, assessor, legal officer, and others.
  • The mayor may appoint additional officials such as architect and information officer.
  • Appointments require the majority approval of the sangguniang panlungsod, with a 15-day confirmation period.

The City Mayor

  • The mayor is the chief executive, elected at large for a 3-year term.
  • Qualifications: at least 21 years old, resident for 1 year, and qualified voter.
  • Powers include policy direction, development planning, legislation proposals, appointments, representation, emergency measures, enforcement of laws, resource generation, public service delivery, and coordination with national agencies.
  • Mayor may solemnize marriages and conduct annual city sports.

The City Vice Mayor

  • Elected similarly to the mayor with the same qualifications and term.
  • Presides over the sangguniang panlungsod and signs financial warrants for it.
  • Appoints sangguniang panlungsod officials and assumes the mayoralty in case of vacancy.

The Sangguniang Panlungsod (City Council)

  • Composed of the vice mayor (presiding), elected members, barangay and youth federation presidents, and sectoral representatives.
  • Sectoral reps include women, workers, and other sectors like the urban poor, indigenous peoples, disabled.
  • Holds legislative powers such as approving ordinances, budgets, taxes, franchises, zoning, regulation of public welfare and environment, and provision of services.
  • Can levy fines and penalties, and oversee local governance effectiveness.

Legislative Process and Internal Rules

  • The sangguniang panlungsod must adopt rules of procedure within 90 days of election.
  • Rules cover organization, session calendar, legislative process, member discipline, and parliamentary procedure.

Disclosure of Conflicts of Interest

  • Members must disclose business and financial interests to avoid conflicts of interest.
  • Disclosure must be made in writing prior to participation in relevant deliberations and votes.

Sessions and Quorum

  • Must hold regular sessions at least once a week.
  • Special sessions can be called by mayor or majority of members.
  • Quorum requires a majority of members; attendance may be compelled by police assistance.

Approval and Veto of Ordinances

  • Ordinances require mayoral approval; the mayor can veto based on public welfare or ultra vires grounds.
  • The sangguniang panlungsod can override veto by two-thirds vote.
  • Partial veto power applies to appropriation and development plans.

Review of Ordinances by Higher Authorities

  • Approved ordinances sent to provincial council for review within 3 days.
  • Provincial council has 30 days to examine and may invalidate ordinances beyond powers.
  • Barangay ordinances reviewed by sangguniang panlungsod for legality.

Effectivity of Ordinances

  • Ordinances take effect 10 days after posting in public places.
  • Secretary to the sangguniang panlungsod oversees posting and publication.

Disqualifications for Elective Officials

  • Disqualified are those convicted of crimes involving moral turpitude, removed from office administratively, with dual citizenship, fugitives, or insane.

Succession and Vacancies

  • Vice mayor succeeds mayor on permanent vacancy.
  • Highest ranking sangguniang panlungsod members fill other vacancies.
  • Appointments to vacant sangguniang panlungsod seats from same political party.

Temporary Vacancy of Mayor

  • Vice mayor or highest ranking sangguniang panlungsod member assumes mayoral duties except certain appointments if absence over 30 days.
  • Mayor traveling within country for less than 3 days may designate officer-in-charge.

City Departments and Offices

  • City government organized into specific departments: Finance, Health, Legal, General Services, and Planning.
  • Heads of departments appointed by mayor with council approval.

Qualifications and Duties of Appointive Officials

  • Specific qualifications for key officials like city treasurer, assessor, accountant, budget officer, planning coordinator, engineer, health officer, civil registrar, administrator, legal officer, veterinarian, social welfare officer, general services officer, architect, information officer, environment officer, cooperatives officer, population officer, and agriculturist.
  • Duties include policy formulation, technical assistance, implementation of programs, supervision of offices, and coordination with city authorities.

Preservation of Existing Ordinances and Financial Stability

  • Existing municipal ordinances remain effective until amended by city council.
  • No increase in local tax rates within five years from cityhood.

Plebiscite for Cityhood

  • Cityhood subject to ratification by qualified voters in a plebiscite within 60 days from Act approval.
  • Election expenses borne by the municipality; Commission on Elections to supervise.

Transition of Officials and Jurisdiction

  • Incumbent municipal officials hold office until successors assume.
  • City remains under the jurisdiction of Negros Occidental Province.

Separability and Applicability

  • Invalidity of any part does not affect others.
  • Local Government Code and related laws apply unless inconsistent with this Act.

Effectivity

  • The Act takes effect upon approval.

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