Tenth Congress
[ REPUBLIC ACT NO. 8474, February 02, 1998 ]
AN ACT CONVERTING THE MUNICIPALITY OF ILAGAN INTO A COMPONENT CITY OF THE PROVINCE OF ISABELA TO BE KNOWN AS THE CITY OF ILAGAN
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 Ilagan.
Section 2. The City of Ilagan
The Municipality of Ilagan is hereby converted into a component city to be known as the City of Ilagan, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Ilagan over which it has jurisdiction bounded on the north by the Municipality of Tumauini; on the west, by the Municipality of Quirino; on the northeast, by the Municipality of Divilican and the Pacific Ocean; and on the southeast, by the Municipality of San Mariano.
The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing boundary dispute or cases involving questions of territorial jurisdiction between the City of Ilagan and the adjoining local government units.
Section 3. Corporate Powers of the City
The City constitutes a political body corporate and as such is endowed with the attribute 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 of the City
The City shall have a common seal, and may alter the same at pleasure. It shall exercise the powers to levy taxes, close and open roads, streets, alleys, parks or squares subject to the provisions of the Constitution and existing laws. It may take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interest of the City, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits wherein said City is a party, and exercise all the powers as are granted to corporations and/or 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 of Ilagan, for police purposes only, shall be coextensive with its territorial jurisdiction, and for the purpose of protecting and insuring the purity of the water supply of the City, such police jurisdiction shall also extend over all territory within the drainage area of such water supply, or within one hundred meters of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water service. The city court of the City 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. The court first taking cognizance of such an offense shall have jurisdiction to try said cases to the exclusion of others. The police forces of the several municipalities and cities concerned shall have concurrent jurisdiction with the police force of the City for the maintenance of good order and the enforcement of ordinances throughout said zone, area and 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 Ilagan
Section 8. The City Mayor
Section 9. The City Vice Mayor
Section 10. The Sangguniang Panlungsod
Section 11. Internal Rules of Procedure
Section 12. Full Disclosure of Financial and Business Interest of Sangguniang Panlungsod Members
Section 13. Sessions
Section 14. 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. (b)Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the City of Ilagan, to arrest the absent member and present him at the session.
Section 15. Approval of Ordinances
If the city mayor approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to consider the same. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.
Section 16. Veto Power of the City Mayor
Section 17. Review of Barangay Ordinances by the Sangguniang Panlungsod
Section 18. Enforcement of Disapproved Ordinances or Resolutions
Any attempt to enforce 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 19. Effectivity of Ordinances or Resolutions
Section 20. Disqualifications of Elective City Officials
The following persons are disqualified from running for any elective position in the City:
Section 21. Permanent Vacancy in the Office of the City Mayor and City Vice Mayor
If a permanent vacancy occurs in the office of the vice mayor, the highest ranking sangguniang panlungsod member or, in case of his permanent incapacity, the second highest ranking sangguniang panlungsod member, shall become the city mayor or the city vice mayor, as the case may be. Subsequent vacancies in the said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein.
For purposes of succession as provided in this Act, ranking in the sanggunian 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 22. Permanent Vacancies in the Sanggunian
Section 23. Temporary Vacancy in the Office of the City Mayor
Section 24. The Secretary to the Sangguniang Panlungsod
Section 25. The City Treasurer
Section 26. The Assistant City Treasurer
Section 27. The City Assessor
Section 28. The Assistant City Assessor
Section 29. The City Accountant
Section 30. The City Budget Officer
Section 31. The City Planning and Development Coordinator
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
Section 37. The City Agriculturist
Section 38. The City Social Welfare and Development Officer
Section 39. The City Environment and Natural Resources Officer
Section 40. The City Architect
Section 41. The City Information Officer
Section 42. The City Cooperatives Officer
Section 43. The City Population Officer
Section 44. The City Veterinarian
Section 45. The City General Services Officer
Section 46. The City Tourism and Cultural Affairs Officer
Section 47. The City Fire Station Service
Section 48. The City Jail Service
Section 49. Municipal Ordinances Existing at the Time of the Approval of this Act
All existing ordinances of the Municipality of Ilagan at the time of the approval of this Act shall continue to be in force within the City of Ilagan until the sangguniang panlungsod shall, by ordinance, provide otherwise.
Section 50. Suspension of Increase in Rates of Local Taxes
No increase in the rates of local taxes shall be imposed by the City within a period of five (5) years from its acquisition of corporate existence.
Section 51. Tax Moratorium
Notwithstanding any existing law or ordinance to the contrary, real property tax in the locality shall not be increased within five (5) years upon its conversion into a City.
Section 52. Plebiscite
The City of Ilagan 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 Ilagan within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Ilagan. The Commission on Elections shall conduct and supervise such plebiscite.
Section 53. Officials of the City of Ilagan
The present elective officials of the Municipality of Ilagan shall continue to exercise their powers and functions until such time that a new election is held and duly elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the Municipality of Ilagan shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the city government of the City of Ilagan.
Section 54. Succession Clause
The City of Ilagan shall succeed to all the assets, properties, liabilities, and obligations of the Municipality of Ilagan.
Section 55. Legislative District
Until otherwise provided by law, the City of Ilagan shall continue to be part of the First District of Isabela.
Section 56. Applicability of Laws
The provisions of Republic Act Numbered 7160, otherwise known as the Local Government Code of 1991, and such laws as are applicable to component cities shall govern the City of Ilagan insofar as they are not inconsistent with the provisions of this Act.
Section 57. Separability Clause
If any part of this Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.
Section 58. Repealing Clause
All laws, decrees, rules or regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 59. Effectivity
This Act shall take effect upon its approval.
Approved, February 2, 1998.
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.