[ REPUBLIC ACT NO. 11938, February 23, 2023 ]
AN ACT CONVERTING THE MUNICIPALITY OF CARMONA IN THE PROVINCE OF CAVITE INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF CARMONA
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I GENERAL PROVISIONS
Section 1
Short Title.- This Act shall be known as the "Charter of the City of Carmona."
Section 2. The City of Carmona
The Municipality of Carmona shall be converted into a component city to be known as the City of Carmona, hereinafter referred to as "the City". which shall comprise the present territory of the Municipality of Carmona, Province of Cavite.
The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Carmona.
The foregoing provision shall be without prejudice to the resolution, by the appropriate agency or forum, of existing boundary disputes or cases involving questions of territorial jurisdiction between the City of Carmona and the adjoining local government units (LGUs):Provided,That the territorial jurisdiction of the disputed area or areas shall remain with the LGU exercising powers, prerogatives and authorities over such disputed area or areas under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, as amended, 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 provision of this Charter. The City shall have the following corporate powers:
Section 4. General Powers
The City shall exercise the power 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 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 under Sections 18, 19, 20, and 21 of the Local Government Code of 1991, as amended, subject to the limitations provided therein.
Section 5. General Welfare Clause
The City shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.
Within its territorial jurisdiction, the City shall ensure and support, among other things, the preservation and enrichment of its culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among its residents, maintain peace and order, and preserve the comfort and convenience of its inhabitants.
Section 6. Liability for Damages
The City and its officials shall not be exempt from liability for death or injury to persons and damage property.
Section 7. Jurisdiction of the City
The jurisdiction of the City, for police purposes, 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 (160 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.
The Municipal Trial Court in Cities of the City of Carmona and the municipal trial courts of the adjoining cities and municipalities shall have concurrent jurisdiction to try felonies and offenses committed within the said drainage area or areas within said spaces of one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water service delivery.
The court first taking jurisdiction of such felonies and offenses shall have jurisdiction to try cases to the exclusion of others. The police force of the municipalities and cities concerned shall have concurrent jurisdiction with the police forces of the City for maintenance of good order and the enforcement of ordinances throughout said zone, area or space. Any license that may be issued within said zone, area, or space 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.
ARTICLE II OFFICIALS IN GENERAL
Section 8. The Officials of the City of Carmona
Section 9. The City Mayor
The City Mayor shall, at the time of the election, be at least twenty-one (21) years of age, a resident of the City of Carmona for at least one (1) year immediately preceding the day of the election, a qualified registered voter therein, and be able to read and write Filipino or any local language or dialect. The City Mayor, who shall hold office for three (3) years unless sooner removed, and shall not serve for more than three (30 consecutive terms in the same position, shall receive a minimum monthly compensation corresponding to Salary Grade (SG) 30 as prescribed under Republic Act No. 6758, as amended, otherwise known as the Compensation and Position Classification Act of 1989, and the implementing guidelines issued pursuant thereto and such other compensation, emoluments and allowances as may be determined by law.
Section 10. The City Vice-Mayor
Section 11. Composition and Compensation
Section 12. Powers, Duties, and Functions
Section 13. Internal Rules of Procedure
Section 14. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members
Section 15. Sessions
Section 16. Quorum
Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
Section 17. Approval of Ordinances
Otherwise, the ordinance shall be vetoed and returned with statements of objections to the Sangguniang Panlungsod, which may proceed to reconsider the same. The Sangguniang Panlungsod may override the veto of the City Mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective for all legal intents and purposes.
Section 18. Veto Power of the City Mayor
Section 19. Review of City Ordinances by the Sangguniang Panlalawigan
Section 20. Review of Barangay Ordinances by the Sangguniang Panlungsod
Section 21. Enforcement of Disapproved Ordinances or Resolutions
Any attempt to endorse any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.
Section 22. Effectivity
of Ordinances or Resolutions. - (a ) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date of a copy thereof is posted in a bulletin board at the entrance of the City Hall of Carmona, and in at least two (2) other conspicuous places in the City of Carmona not later than five (5) days after approval thereof.
Section 23. Disqualifications for Elective City Officials
The following persons are disqualified from running for any elective position in the City:
Section 24. Permanent Vacancy in the Offices of the City Mayor and City Vice-Mayor
If a permanent vacancy occurs in the office of the City Mayor, the City Vice-mayor shall become the City Mayor. If a permanent vacancy occurs in the office of the City Vice-mayor, the highest ranking Sangguniang Panlungsod member or, in case of the latter's permanent incapacity, the second highest ranking Sangguniang Panlungsod member shall become the City Mayor or City Vice-Mayor, as the case may be. Subsequent vacancies in the said offices shall be filled automatically by the other Sangguniang Panlungsod members according to their ranking as defined under the Local Government Code of 1991, as amended.
For purpose of this Act, a permanent vacancy arises when an elective local officials fills in a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of the office.
For purposes of succession as provided in this Act, ranking in the Sangguniang Panlungsod shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election.
Section 25. Permanent Vacancies in the Sangguniang Panlungsod
Section 26. Temporary Vacancy in the Office of the City Mayor
In case where the temporary incapacity is due to legal cause, the City Mayor shall also submit the necessary documents showing that the legal cause no longer exists.
QUALIFICATIONS, POWERS AND DUTIES
Section 27. The Secretary to the Sangguniang Panlungsod
Section 28. The City Treasurer
Section 29. Assistant City Treasurer
Section 30. The City Assessor
Section 31. The Assistant City Assessor
Section 32. The City Accountant
Section 33. The City Budget Officer
Section 34. The City Planning and Development Officer
Section 35. The City Engineer
Section 36. The Assistant City Engineer
Section 37. The City Building Official
Section 38. The City Health Officer
Section 39. The Assistant City Health Officer
Section 40. The City Civil Registrar
Section 41. The Assistant City Civil Registrar
Section 42. The city Administrator
Section 43. The City Legal Officer
Section 44. The City Social Welfare and Development Officer
Section 45. The City Veterinarian
Section 46. The City General Services Officer
Section 47. The City Environment and Natural Resources Officer
Section 48. The City Architect
Section 49. The City Information Officer
Section 50. The City Cooperatives Officer
Section 51. The City Population Officer
Section 52. The City Agriculturist
Section 53. The City Human Resource Management Officer
Section 54. The City Tourism Officer
Section 55. The Public Order and Safety Officer
ARTICLE VIII THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE CITY SCHOOLS DIVISION, AND THE CITY PROSECUTION SERVICE
Section 56. The City Fire Station Service
Section 57. The City Jail Service
Section 58. The City Schools Division
The Department of Education (DepEd) shall establish and maintain a City Schools Division of the City of Carmona whose area of jurisdiction will cover all the school districts within the City.
The City Schools Division shall be headed by a City Schools Division Superintendent who must possess the necessary qualifications required by the DepEd.
Section 59. The City Prosecution Service
Section 60. The City Registry of Deeds Office
There shall be established in the City a Registry of Deeds Office, subject to the standards, rules, and regulations as may be promulgated by the DOJ, which shall discharge its duties under the general supervision of the Administrator of the Land Registration Authority and the Secretary of the DOJ.
Section 61. The City Register of Deeds
Section 62. Municipal Ordinances Existing at the Time of the Approval of this Act
All municipal ordinances of the Municipality of Carmona existing at the time of the approval of this Act shall continue to be in force within the City of Carmona until the Sangguniang Panlungsod shall provide otherwise.
Section 63. Plebiscite
The City of Carmona 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 Carmona within sixty (60) 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 Carmona.
Section 64. Holdover Authority of the Officials of the Municipality of Carmona
The present elective officials of the Municipality of Carmona shall continue to exercise their powers and functions until such time that a new election is held ad the duly-elected officials shall have already qualified and assumed their offices. Appointive officials and employees of the Municipality of Carmona shall, likewise, continue exercising their functions and duties and they shall automatically be absorbed by the City Government of the City of Carmona.
Section 65. Succession Clause
The City of Carmona shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Carmona.
Section 66
Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Cavite. - The qualified voters of the City of Carmona shall be qualified to vote and run for any elective position in the elections for provincial governor, provincial vice governor, Sangguniang Panlalawigan members and other elective offices of the Province of Cavite.
Section 67. Jurisdiction of the Province of Cavite
The City of Carmona shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Cavite.
Section 68. Suspension of Increase in Rates of Local Taxes
No increase in the rates of local taxes shall be imposed by the City of Carmona within the period of five (5) years from its acquisition of corporate existence.
Section 69. Legislative District
Until otherwise provided by law, the City of Carmona shall continue to be part of the Fifth Legislative District of the Province of Cavite.
Section 70. Applicability of Laws
The provisions of the Local Government Code of 1991, as amended, and such other laws as are applicable to component cities shall govern the City of Carmona insofar as they are not inconsistent with the provisions of this Act.
Section 71. 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, as amended, the other parts or provisions hereof which are not affected shall continue to be in full force and effect.
Section 72. Effectivity
. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
| (SGD.)JUAN MIGUEL F. ZUBIRI President of the Senate | (SGD.)FERDINAND MARTIN G. ROMUALDEZ Speaker of the House of Representatives |
This Act, which originated in the House of Representatives was passed by the House of Representatives on September 5, 2022, amended by the Senate of the Philippines on January 30, 2023, and which amendments were concurred in by the House of Representatives on January 31, 2023.
RENATO N. BANTUG, JR.
Secretary of the Senate
REGINALD S. VELASCO
Secretary General House of Representatives
Approved: 23 FEB 2023
FERDINAND ROMUALDEZ MARCOS JR.
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.