Conversion of Antipolo into a component city

City creation, territorial scope, and districts

Section 2 converts the Municipality of Antipolo into the City of Antipolo as a component city.
The City comprises the present territory of the Municipality of Antipolo, Rizal, covering sixteen (16) barangays: East Antipolo (Barangay Dalig, San Jose, San Roque, Dela Paz, San Isidro, Beverly Hills, Santa Cruz, San Luis) and West Antipolo (Barangay Mayamot, Cupang, Mambugan, Bagong Nayon, San Juan, Inarawan, Munting Dilao, Calawis).
Section 2 divides the City into two districts for better supervision and service delivery: East Antipolo and West Antipolo.
Section 2 preserves the right of the appropriate agency or forum to resolve existing and/or future boundary disputes or cases involving the sixteen (16) barangays and between the City and adjoining municipalities.
The “City” refers to the converted entity established in Section 2.

Corporate powers and general city governance

Section 3 establishes the City as a political body corporate with perpetual succession and municipal-corporation powers exercisable under the Charter and other laws.
Section 3 grants corporate powers including: continuous succession, power to sue and be sued, power to have and use a corporate seal, power to acquire and convey property, power to enter contracts, and other corporate powers granted by law subject to Charter limitations.
Section 4 provides that the City has a common seal and may alter it at pleasure.
Section 4 authorizes the City to levy taxes and to manage public works and property, including powers to close and open roads, streets, alleys, parks or squares subject to the Constitution and existing laws.
Section 4 authorizes the City to take, purchase, receive, hold, lease, convey, and dispose of property for general city interest, condemn private property for public use, and to prosecute/defend suits involving the City.

City liability, police jurisdiction, and water protection

Section 5 provides that the City is not exempt from liability for damages or injuries arising from failure to enforce the Charter or other laws/ordinances, or from negligent/omissive acts of the sangguniang panlungsod, the mayor, or city officers/employees while enforcing or performing official functions.
Section 6 limits police jurisdiction of the City for police purposes to the City’s territorial jurisdiction.
Section 6 extends police jurisdiction for water-supply protection to all territory within the drainage area of the City water supply and to within one hundred meters (100 meters) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water service.
Section 6 gives the City court of the City concurrent jurisdiction with adjoining city/municipal courts for crimes and misdemeanors committed within the drainage area or within the one hundred-meter (100-meter) zone.
Section 6 provides venue priority: the court first taking cognizance has jurisdiction to the exclusion of others.

Basic services and facilities duty

Section 7 requires the City to provide basic services and facilities under Section 17 of the Local Government Code of 1991, including the specific enumerated services.
Section 7(1) covers agricultural extension and on-site research services and facilities.
Section 7(2) covers enforcement of forestry laws limited to community-based forestry projects, forest development project implementation, pollution control law enforcement, small-scale mining law enforcement, other environmental protection laws, and local-purpose mini-hydro electric projects.
Section 7 requires delivery of health services, social welfare services, information and investment support services, and environmental management/hygiene and sanitation services and facilities.
Section 7 includes city buildings and cultural/sports/public assembly facilities, city infrastructure (including roads/bridges, school buildings, drainage/sewerage/flood control/irrigation), public markets/slaughterhouses and other city enterprises, a public cemetery, tourism programs, low-cost housing programs excluding those funded by SSS, GSIS, and HDMF, and upgrading tax information and collection services.
Section 7 also requires adequate communication and transportation facilities and support for education, police, and fire services and facilities.

City officials and appointment rules

Section 8 establishes the core city offices: city mayor, vice mayor, sangguniang panlungsod members, secretary to the sangguniang panlungsod, city treasurer and assistant city treasurer, city assessor and assistant city assessor, city accountant, city budget officer, city planning and development coordinator, city engineer, city health officer, city civil registrar, city administrator, city legal officer, city veterinarian, city social welfare and development officer, and city general services officer.
Section 8 authorizes the mayor to appoint additional officers including a city architect, city information and community relations officer, city population officer, city environment, natural resources and waste management officer, and city cooperatives officer.
Section 8 requires the City to establish a city fire station headed by a city fire marshal and a city jail headed by a city jail warden.
Section 8 allows the City to maintain existing offices not mentioned, create other necessary offices, or consolidate office functions for efficiency and economy.
Section 8(e) requires appointive city officials (unless otherwise provided) to be appointed by the city mayor with the concurrence of the majority of the sangguniang panlungsod, subject to civil service rules, and the sanggunian must act within 15 days from submission or the appointment is deemed confirmed.

City mayor, vice mayor, and executive functions

Section 9 makes the city mayor the chief executive, elected at large by qualified voters, with eligibility requiring age at least twenty-one (21), actual City residency of at least one (1) year before election, and being a qualified voter.
Section 9 sets the mayor’s term at three (3) years and fixes minimum monthly compensation corresponding to salary grade thirty (30) under Republic Act No. 6758 and its implementing guidelines.
Section 9 obligates the mayor to: determine city policy guidelines; direct and implement the city development plan after approval by the sangguniang panlungsod; present the program of government annually; propose legislation; appoint officials and employees whose salaries/wages are wholly or mainly paid by city funds where not otherwise provided; represent the City and sign documents upon authority; carry out necessary emergency measures; and ensure officials faithfully discharge duties and cause proceedings against erring officers/employees.
Section 9 grants specific governance powers including examining city books/records and requiring national personnel assigned/stationed in the City to make available records except those classified as confidential.
Section 9 requires executive order distribution within 72 hours to the respective council chairman and requires the mayor to visit component barangays at least once every six (6) months.
Section 9 requires submission of reports to the sangguniang panlalawigan and Office of the Governor, including an annual report on City management and development and supplemental reports for unexpected events, especially disasters/calities affecting general welfare.
Section 9 empowers the mayor to issue executive orders, carry a necessary firearm within territorial jurisdiction, act as deputized representative of the National Police Commission, and formulate and implement the peace and order plan under Republic Act No. 6975.
Section 9 further requires the mayor to enforce laws/ordinances, ensure basic services delivery and adequate facilities, coordinate with national technical services, and perform other duties and powers under the Local Government Code of 1991 (Republic Act No. 7160) and laws/ordinances.
Section 10 makes the vice mayor the elected presiding officer of the sangguniang panlungsod, elected in the same manner as the mayor and with the same qualifications.
Section 10 sets the vice mayor’s term at three (3) years and compensation at monthly salary grade twenty-six (26) under Republic Act No. 6758.
Section 10 requires the vice mayor to: preside over the sangguniang panlungsod and sign warrants drawn on the city treasury for sanggunian expenditures; appoint sanggunian officials/employees subject to civil service rules except those with appointments provided by existing laws; assume the mayor’s office for unexpired term in permanent vacancy; and exercise mayoral powers in temporary vacancy.

Sangguniang panlungsod powers and legislative mechanics

Section 11 defines the sangguniang panlungsod as the City’s legislative body and sets membership as: vice mayor (presiding officer), regular members elected by district equally divided representing East and West Antipolo, the presidents of the liga ng mga barangay and panlungsod na pederasyon ng mga sangguniang kabataan, and sectoral representatives.
Section 11(b) provides for three (3) sectoral representatives: one women representative and two others from agricultural/industrial workers and other sectors (including urban poor, indigenous cultural communities, and disabled persons), with determination within 90 days prior to local elections.
Section 11(c) requires that regular members and sectoral representatives be elected with the same qualifications as mayor/vice mayor, except candidates must be at least eighteen (18) years of age on election day.
Section 11(e) grants the sangguniang panlungsod legislative authority to enact ordinances and resolutions including functions to: approve ordinances and necessary resolutions; review barangay ordinances and executive orders for consistency with law and city ordinances; maintain peace and order by enacting measures and imposing penalties for violations of city ordinances; and approve ordinances imposing a fine not exceeding PHP 5,000 or imprisonment not exceeding one (1) year, or both at the court’s discretion.
Section 11(e) authorizes disaster and calamity protective measures, and ordinances to prevent and impose penalties for listed social ills and vices, including habitual drunkenness, vagrancy, mendicancy, prostitution, houses of ill-repute, gambling and prohibited games of chance, fraudulent devices, drug addiction and related drug dens/pushing, juvenile delinquency, and the printing/distribution/exhibition of obscene or pornographic materials or publications.
Section 11(e) authorizes environmental protection and penalties for endangering acts such as dynamite fishing and destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and endangered species, slash-and-burn farming, and acts that cause pollution, eutrophication, or ecological imbalance.
Section 11(e) provides extensive local governance powers on positions and compensation of city officials paid from city funds, and mechanisms for safety and protection of city property and records, and for legal assistance to barangay officials.
Section 11(e) authorizes the sangguniang panlungsod to create additional allowances/benefits for judges/prosecutors/public teachers and other national officials stationed/assigned in the City when finances allow.
Section 11(e) authorizes group insurance or additional insurance coverage for all barangay officials including members of barangay tanod brigades and other service units when finances allow.
Section 11(e) empowers budget approval and appropriation, and authorizes ordinances levying taxes/fees/charges and granting tax exemptions/incentives/relief upon majority vote of all members.
Section 11(e) allows (subject to Local Government Code Book II and applicable laws) upon majority vote: authorization for the city mayor to negotiate and contract loans/indebtedness; authorization to float bonds/instruments for development projects; and, upon majority vote, authorization for the city mayor to lease public buildings held in a proprietary capacity, subject to existing laws, rules, and regulations.
Section 11(e) empowers land use planning and zoning ordinances, including comprehensive land use plans, land reclassification, integrated zoning ordinances, fire limits, and regulation of building construction/repair/modification within fire limits in accordance with the Fire Code.
Section 11(e) provides a development-approvals rule: where national agency approval is required, it shall not be withheld more than thirty (30) days from receipt of the application; failure to act within that period is deemed approval.
Section 11(e) authorizes franchises and permits/licensing for general welfare purposes, including setting reasonable fees/charges, regulating license fees and revocation conditions, regulating operation and leasing of city-owned public utilities preferably to cooperatives, regulating signs/signboards/billboards license fees, and licensing and regulating cockpits/cockfighting and commercial breeding of gamecocks with protection of existing rights.
Section 11(e) authorizes regulation of tricycles and franchises for their operation within the City upon guidelines from the Department of Transportation and Communications.
Section 11(e) authorizes, upon majority vote, grant of franchise for business within the City and to establish/construct/operate and maintain ferries, markets, or slaughterhouses, and other allowed activities under existing laws, with preference to cooperatives.

Internal legislative procedure and governance

Section 12 requires the sangguniang panlungsod to adopt or update its internal rules of procedure within ninety (90) days from the first regular session following the election of its members.
Section 12 requires the rules to cover organization of the sanggunian; election of officers; creation of standing committees (including appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives); and committee election and jurisdiction.
Section 12 requires rules to provide for the legislative process, parliamentary procedures, discipline of members for disorderly behavior and absences for four (4) consecutive sessions, including possible censure, reprimand, exclusion, suspension of not more than sixty (60) days, or expulsion.
Section 12 requires that suspension or expulsion needs concurrence of at least two-thirds (2/3) of all sanggunian members, and mandates automatic expulsion for a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude.
Section 13 requires every sangguniang panlungsod member to make a full disclosure upon assumption to office of business and financial interests and related party relationships within the fourth civil degree that may conflict with ordinances/resolutions under consideration.
Section 13 requires written disclosure submitted to the sanggunian secretary or the committee secretary; it must form part of the proceedings record and must be disclosed before participation in deliberations or, if non-participating, before voting on second and third readings, and also when the member takes a position or makes a privilege speech.
Section 14 requires regular sessions to be fixed by resolution on the first day of the session immediately following the election; it requires at least once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay.
Section 14 allows special sessions called by the city mayor or a majority of sanggunian members, requires written notice served personally at least 24 hours before the special session, forbids consideration of matters other than those stated in the notice unless approved by two-thirds (2/3) of members present with quorum, and requires keeping a journal record of proceedings.
Section 15 sets quorum at a majority of elected and qualified members; when quorum is raised, the presiding officer must call the roll, and if none exists, recess or adjournment is allowed and the absent member may be compelled to attend with assistance of police to arrest/present the absent member.
Section 15 prohibits transaction of business if no quorum remains after these enforcement steps, and provides that with proper motion approved by members present the session is declared adjourned for lack of quorum.

Ordinance approval, veto, and barangay review

Section 16 requires every ordinance enacted by the sangguniang panlungsod to be presented to the city mayor; if approved, the mayor signs on each and every page; if not, the mayor vetoes and returns it with written objections for reconsideration.
Section 16 allows overriding a veto by a two-thirds (2/3) vote of all sanggunian members, making the ordinance/resolution effective.
Section 16 provides a timing rule: veto communication must be within ten (10) days; otherwise, the ordinance is deemed approved as if signed.
Section 17 authorizes the city mayor to veto ordinances on grounds of being ultra vires or prejudicial to the public welfare, requiring written reasons.
Section 17 permits itemized vetoes of appropriations ordinances, ordinances/resolutions adopting local development plan, public investment program, or ordinances directing payment/creating liability; vetoed items do not take effect unless overridden, and non-objected items take effect.
Section 17 states that if appropriations items are vetoed and not overridden, the corresponding items in the previous year’s appropriations ordinance are deemed reenacted.
Section 17 limits the mayor’s veto power: the mayor may veto an ordinance or resolution only once; overriding needs two-thirds (2/3) vote of all sanggunian members.
Section 18 requires barangays to furnish copies of enacted barangay ordinances to the sangguniang panlungsod within ten (10) days for legal/city-ordinance consistency review.
Section 18 deems barangay ordinances approved if the sangguniang panlungsod fails to act within thirty (30) days from receipt.
Section 18 provides correction mechanism: if found inconsistent, the sangguniang panlungsod returns the ordinance within thirty (30) days for adjustment/amendment/modification; barangay ordinance effectivity is suspended until revision is effected.
Section 19 penalizes attempts to enforce disapproved ordinances/resolutions by making such attempts sufficient ground for suspension or dismissal of the official/employee concerned.

Effectivity, posting, and publication requirements

Section 20 provides that ordinances/resolutions take effect after ten (10) days from posting when no later effectivity is stated for ordinances/resolutions approving the local development plan and public investment program.
Section 20 requires posting in the bulletin board at the entrance of Antipolo City Hall and in at least two (2) other conspicuous places in the City.
Section 20 requires the secretary to the sangguniang panlungsod to cause posting within five (5) days after approval and to record dates of approval and posting in a book.
Section 20 requires dissemination and posting in Filipino or English and in the language/dialect understood by the majority of the City’s people.
Section 20 requires publication of the main features once in a local newspaper of general circulation within the City; if not possible, publication is made in any newspaper of general circulation.
Section 20 mandates additional publication: the gist of all ordinances with penal sanctions must be published in a newspaper of general circulation.

Disqualifications and elective succession

Section 21 disqualifies persons from running for any elective position in the City if they are: sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence.
Section 21 disqualifies persons removed from office due to an administrative case.
Section 21 disqualifies persons convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines.
Section 21 disqualifies persons with dual citizenship, fugitives from justice in criminal or nonpolitical cases here and abroad, permanent residents in a foreign country or those who acquired the right to reside abroad and continue availing of that right after the effectivity of the Local Government Code, and the insane or feeble-minded.
Section 22 provides automatic succession: permanent vacancy in the office of city mayor makes the city vice mayor concerned city mayor; permanent vacancy in vice mayor makes the highest ranking sangguniang panlungsod member (or, if permanently incapacitated, the second highest ranking member) become city vice mayor.
Section 22 provides that successors serve only the unexpired terms and that a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed, voluntarily resigns, or is otherwise permanently incapacitated.
Section 22 provides ranking by proportion of votes obtained by each winning candidate to total number of registered voters in the City in the immediately preceding local election.
Section 22 requires that ties among highest ranking sanggunian members are resolved by drawing of lots.
Section 23 provides how permanent vacancies in the sanggunian are filled when automatic succession does not apply: the Governor appoints, and only the nominee of the political party under which the vacant member was elected may be appointed.
Section 23 makes party nomination and a certificate of membership from the highest official of the political party conditions sine qua non; an appointment without them is null and void ab initio and grounds for administrative action against the responsible official.
Section 23 provides a special rule when the vacancy is caused by a sanggunian member not belonging to any political party: the city mayor appoints a qualified person upon recommendation of the sangguniang panlungsod.
Section 23 provides that vacancy in the representation of youth and barangay in the sangguniang panlungsod is filled automatically by the next-in-rank official of the concerned organization.
Section 24 addresses temporary vacancy/incapacity of the city mayor by authorizing the vice mayor (or the highest ranking sangguniang panlungsod member) to exercise mayoral powers and duties automatically, except appointment/suspension/dismissal of employees, which can be exercised only if temporary incapacity exceeds thirty (30) working days.
Section 24 requires that the temporary incapacity ends upon written declaration to the sangguniang panlungsod by the city mayor that he has reported back to office, and if caused by legal reasons, submission of documents showing legal causes no longer exist.
Section 24 provides a travel designation mechanism: when traveling within the country but outside territorial jurisdiction for up to three (3) consecutive days, the mayor may designate in writing an officer-in-charge, specifying powers/functions except appointment/suspension/dismissal.
Section 24 provides fallback authority: if the mayor fails/refuses to issue designation, the vice mayor or highest ranking sanggunian member assumes on the fourth day of absence subject to the three-day travel limitations.
Section 24 prohibits the mayor from authorizing any local official other than the vice mayor or the highest ranking sangguniang panlungsod member to assume the mayoral powers/duties/functions.