Fifteenth Congress Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.
REPUBLIC ACT NO. 10160 April 10, 2012
AN ACT CONVERTING THE MUNICIPALITY OF BACOOR IN THE PROVINCE OF CAVITE INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF BACOOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I GENERAL PROVISIONS
Section 1
Title.* This Act shall be known as the "Charter of the City of Bacoor"
Section 2. The City of Bacoor
The Municipality of Bacoor shall be converted into a component city to be known as the City of Bacoor, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Bacoor in the Province of Cavite.
The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of any boundary dispute or case involving questions of territorial jurisdiction between the City of Bacoor and the adjoining local government units: Provided, That the territorial jurisdiction of the disputed area or areas shall remain with the local government unit which has existing administrative supervision over said area or areas until the final resolution of the case.
Section 3. Corporate Powers of the City
The City constitutes a political body corporate and as such is endowed with the attributes of perpetual succession and possessed of the powers which pertain to a municipal corporation to be exercised in conformity with the provisions of this Charter. The City shall have the following corporate powers:
Section 4. General Powers
The City shall have a common seal and may alter the same at pleasure: Provided, That any change of corporate Seal Shall be registered with the Department of the Interior and Local Government (DILG). It shall exercise the powers to levy taxes, fees and charges; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interests of the City; to expropriate or condemn private property for public use; to contract and to be contracted with; to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the City is involved or interested in; and to exercise all the powers as are granted to corporations or as hereinafter conferred.
Section 5. Liability for Damages
The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.
Section 6. Jurisdiction of the City
The jurisdiction of the City, for police purposes only, shall be coextensive with its territorial jurisdiction and, for the purpose of protecting and ensuring the purity of the water supply of the City, such police jurisdiction shall also extend over all the territory within the drainage area of such 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.
The city court of the City of Bacoor shall have concurrent jurisdiction with the city or municipal court of the adjoining municipalities or cities, to try crimes and misdemeanors committed within said drainage area or within said spaces of one hundred meters (100 m.).
The court first taking cognizance of such an offense shall have jurisdiction to try cases to the exclusion of others. The police forces of several municipalities and cities concerned shall have concurrent jurisdiction with the police forces of the City for the maintenance of good order and the enforcement of ordinances throughout said zone, area or spaces. But any license that may be issued within said zone, area or spaces shall be granted by the proper authorities of the city or municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said city or municipality concerned and not to the City.
ARTICLE II CITY OFFICIALS IN GENERAL
Section 7
The Officials of the City of Bacoor.* (a) There shall be in the City of Bacoor: a city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development officer, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and development officer, a city veterinarian and a city general services officer.
Section 8
The City Mayor.* (a) The city mayor shall be the chief executive of the City and shall be elected at large by the qualified voters of the City. No person shall be eligible for the position of city mayor unless he is a citizen of the Philippines at the time of the election, one is at least twenty-one (21) years of age, a resident of the City for at least one (1) year prior to his election and a qualified voter therein, and able to read and write Filipino or any other local language or dialect. The city mayor shall hold office for three (3) years, unless sooner removed, but shall serve for not more than three (3) consecutive terms in the same position and shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, otherwise known as the "Compensation and Position Classification Act of 1989?, and the implementing guidelines issued pursuant thereto.
The city mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided herein:
Section 9. The City Vice Mayor
Section 10
Composition.* (a) The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as the presiding officer, the twelve (12) 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 the three (3) sectoral representatives, as members, who shall come from the following sectors: one (1) from the women sector; and, as shall be determined by the sangguniang panlungsod within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers sector; and one (1) from the other sectors, including urban poor, indigenous cultural communities or persons with disabilities.
Section 11. Powers, Duties, Functions and Compensation
Section 12
Internal Rules of Procedure.* (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sangguniang panlungsod shall adopt or update its existing rules of procedure.
Section 13. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members
Section 14. Sessions
Section 15. Quorum
Section 16. Approval of Ordinances
Section 17. Veto Power of the City Mayor
Section 18. Review of City Ordinances by the Sangguniang Panlalawigan
Section 19. Review of Barangay Ordinances by the Sangguniang Panlungsod
Section 20. Enforcement of Disapproved Ordinances or Resolutions
Any attempt to enforce any ordinance or any resolution approving the local development plan and the public investment program after disapproval thereof shall be sufficient ground for the suspension or dismissal of the official or employee concerned.
Section 21. Effectivity of Ordinances or Resolutions
Section 22
Disqualification of Elective Public City Officials.* The following persons are disqualified from running for any elective position in the City:
Section 23. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor
Section 24. Permanent Vacancies in the Sangguniang Panlungsod
Permanent vacancies in the sangguniang panlungsod where automatic succession as provided above does not apply shall be filled in by appointments in the following manner:
Section 25. Temporary Vacancy in the Office of the City Mayor
Section 26
The Secretary to the Sangguniang Panlungsod.* (a) There shall be a secretary to the sangguniang panlungsod who shall be a career official with the rank and salary equal to a head of a department or office.
Section 27. The City Treasurer
Section 28. The City Assessor
Section 29. The City Accountant
Section 30. The City Budget Officer
Section 31. The City Planning and Development Officer
Section 32. The City Engineer
Section 33. The City Health Officer
Section 34. The City Civil Registrar
Section 35. The City Administrator
Section 36. The City Legal Officer
The term of the legal officer shall be coterminous with that of his appointing authority.
Section 37. The City Social Welfare and Development Officer
Section 38. The City Veterinarian
Section 39. The City General Services Officer
Section 40. The City Environment and Natural Resources Officer
Section 41. The City Architect
Section 42. The City Information Officer
Section 43. The City Cooperatives Officer
Section 44. The City Population Officer
Section 45. The City Agriculturist
Section 46
The City Fire Station Service.* (a) There shall be established in the City at least one (1) fire station with adequate personnel, fire fighting facilities and equipment, subject to the standards, rules and regulations that may be promulgated by the DILG. The City shall provide the necessary land or site of the station.
Section 47. The City Jail Service
Section 48. The City Schools Division
Section 49. The City Prosecution Service
Section 50. Establishment of Extension or Satellite Offices
There shall be established in the City of Bacoor extension or satellite offices of the Registry of Deeds, Land Transportation Office, Housing and Land Use Regulatory Board, Government Service Insurance System, Social Security System, Philippine Health Insurance and Overseas Workers Welfare Administration office, which shall be organizationally part of their respective national offices, and under the supervision and control of their respective heads of national offices arid whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering their respective departments or offices. They shall extend services and perform such other functions as mandated by their, respective charters to the residents of the City and its neighboring local government units.
ARTICLE IX TRANSITORY AND FINAL PROVISIONS
Section 51
Municipal Ordinances Existing at the Time of the Approval of this Act.* All municipal ordinances of the Municipality of Bacoor easting at the time of the approval of this Act shall continue to be in force within the City of Bacoor until the sangguniang panlungsod shall declare otherwise.
Section 52. Plebiscite
The City of Bacoor shall acquire corporate existence upon the ratification of its creation by a majority of the Votes cast by the qualified voters in a plebiscite to be conducted in the present Municipality of Bacoor within thirty (30) days from the approval of this Act. The Commission on Elections (COMELEC) shall conduct and supervise such plebiscite.
The expenses for such plebiscite shall be borne by the Municipality of Bacoor.
Section 53. Officials of the City of Bacoor
The present elective officials of the Municipality of Bacoor shall continue to exercise their powers and functions until such time that a new election is held and the duly elected officials shall have already qualified and assumed their offices, Appointive officials and employees of the municipality shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the city government of the City of Bacoor.
Section 54. Succession Clause
The City of Bacoor shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Bacoor.
Section 55
Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Cavite. The qualified voters of the City of Bacoor shall be qualified to vote and run for any elective position in the elections for provincial governor, provincial vice governor, sangguniang panlalawigan members, who will represent the City in the Sangguniang Panlalawigan of the Province of Cavite, and other elective officials for the Province of Cavite: Provided, That the two (2) members of the sangguniang panlalawigan, who will represent the City in the Sangguniang Panlalawigan of the Province of Cavite, shall be elected in each sanggunian district apportioned under Section 10(b) of this Act by qualified voters therein.
Section 56. Jurisdiction of the Province of Cavite
The City of Bacoor shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Cavite.
Section 57. Suspension of Increase in Rates of Local Taxes
No increase in the rates of local taxes shall be imposed by the City within the period of five (5) years from its acquisition of corporate existence.
Section 58. Legislative District
Upon its creation, the City of Bacoor shall maintain its status as Second Legislative District of the Province of Cavite pursuant to Republic Act No. 9727.
Section 59. Applicability of Laws
The provisions of the Local Government Code of 1991, as amended; Executive Order No. 882 (Series of 2010), entitled; "Mandating the Metropolitan Manila Development Authority to Give All the Necessary Assistance to the Local Government of Bacoor in Connection with the Development, Planning, Transport and Traffic Management, Solid Waste Disposal and Management, Flood Control and Sewerage Management", and such laws as are applicable shall govern the City of Bacoor insofar as these are not inconsistent with the provisions of this Act.
Section 60. Separability Clause
If, for any reason-or reasons, any part or provision of this Charter shall be held unconstitutional, invalid or inconsistent with the Local-Government Code of 1991, the other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 61. Effectivity
This Act shall take effect fifteen (15) days after its complete publication in any newspaper of general and local circulation.
Approved,
| (Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives | (Sgd.) JUAN PONCE ENRILE President of the Senate |
This Act which originated in the House of Representatives was finally passed by the House of Representative and the Senate on February 8, 2012.
MARILYN B. BARUA-YAP
Secretary General House of Representatives
EMMA LIRIO-REYES
Secretary of Senate
Approved: APRIL 10, 2012
BENIGNO S. AQUINO III
President of the Philippines
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.