Republic of the Philippines
Congress of the Philippines
Metro ManilaThirteenth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
Republic Act No. 9394 March 16, 2007
AN ACT CONVERTING THE MUNICIPALITY OF BORONGAN IN THE PROVINCE OF EASTERN SAMAR INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF BORONGAN
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONSSection 1. Title. - This Act shall be known as the "Charter of the City of Borongan".
Section 2. The City of Borongan. - The Municipality of Borongan is hereby converted into a component city to be known as the City of Borongan, hereinafter referred to as the City, which shall comprise the present territory.of the Municipality of Borongan, Province of Eastern Samar.
The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of any existing boundary disputes or cases involving questions of territorial jurisdiction...
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Republic Acts
AN ACT CONVERTING THE MUNICIPALITY OF BORONGAN IN THE PROVINCE OF EASTERN SAMAR INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF BORONGAN.
Republic Act No. 9394
Summary of Republic Act No. 9394 (Charter of the City of Borongan)
General Provisions
- Converts the Municipality of Borongan in Eastern Samar into a component City to be known as the City of Borongan. (Section 2)
- Defines the corporate powers of the City, including perpetual succession, suing and being sued, having a corporate seal, acquiring and disposing property, entering into contracts, and exercising powers for efficient governance. (Section 3)
- Outlines the general powers of the City, such as levying taxes, opening and closing roads, expropriating property, contracting loans, and delivering basic services. (Section 4)
- Allows the City to exercise powers for the general welfare of its inhabitants, including preserving culture, promoting health and safety, encouraging scientific development, improving public morals, and maintaining peace and order. (Section 5)
City Officials
- Establishes the positions of City Mayor, City Vice Mayor, Sangguniang Panlungsod members, and various department heads and officers. (Section 8)
- Outlines the qualifications, powers, and duties of the City Mayor, including enforcing laws, implementing programs, generating revenues, and delivering basic services. (Section 9)
- Defines the qualifications, powers, and duties of the City Vice Mayor, including presiding over the Sangguniang Panlungsod and assuming the office of the City Mayor in case of vacancy. (Section 10)
- Establishes the composition and powers of the Sangguniang Panlungsod, the legislative body of the City, including approving ordinances, generating revenues, granting franchises, and regulating activities within the City. (Section 11)
Legislative Process
- Requires the Sangguniang Panlungsod to adopt rules of procedure, including the organization, order of business, legislative process, and disciplinary measures for members. (Section 12)
- Mandates the disclosure of financial and business interests of Sangguniang Panlungsod members to avoid conflicts of interest. (Section 13)
- Outlines the procedures for regular and special sessions of the Sangguniang Panlungsod, including quorum requirements and the approval of ordinances. (Sections 14-17)
- Establishes the process for reviewing City ordinances by the Sangguniang Panlalawigan (Provincial Council) and barangay ordinances by the Sangguniang Panlungsod. (Sections 18-19)
- Prohibits the enforcement of disapproved ordinances or resolutions and specifies the effectivity of approved ordinances and resolutions. (Sections 20-21)
Succession of Officials
- Outlines the procedures for filling permanent vacancies in the offices of the City Mayor, City Vice Mayor, and Sangguniang Panlungsod members. (Sections 22-23)
- Establishes the procedures for handling temporary vacancies in the office of the City Mayor. (Section 24)
Appointive Officials
- Defines the qualifications, powers, and duties of various appointive officials, including the Secretary to the Sangguniang Panlungsod, City Treasurer, 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 Social Welfare and Development Officer, City Veterinarian, City General Services Officer, City Agriculturist, City Cooperatives Officer, City Environment and Natural Resources Officer, City Architect, City Information Officer, and City Population Officer. (Sections 25-46)
City Services
- Mandates the establishment of a City Fire Station Service, headed by a City Fire Marshal, with adequate personnel and fire-fighting facilities. (Section 47)
- Requires the establishment and maintenance of a City Jail Service, headed by a City Jail Warden, for the custody and safekeeping of prisoners. (Section 48)
- Establishes a City Schools Division under the Department of Education, headed by a Division Superintendent. (Section 49)
- Creates a City Prosecution Office under the Department of Justice, headed by a City Prosecutor and assistant prosecutors, to handle criminal prosecutions within the City's jurisdiction. (Section 50)
Transitory and Final Provisions
- Allows existing municipal ordinances of Borongan to remain in force until the Sangguniang Panlungsod provides otherwise. (Section 51)
- Requires a plebiscite to be conducted within 30 days of the Act's approval for the ratification of Borongan's conversion into a City, with expenses borne by the Municipality of Borongan. (Section 52)
- Provides for the continuation of the current elective officials of Borongan until a new election is held, and the automatic absorption of appointive officials and employees into the City government. (Section 53)
- Establishes that the City of Borongan shall succeed to all assets, properties, liabilities, and obligations of the Municipality of Borongan. (Section 54)
- Allows qualified voters of the City of Borongan to vote and run for provincial elective positions in Eastern Samar. (Section 55)
- Maintains the jurisdiction of the Province of Eastern Samar over the City of Borongan, unless otherwise provided by law. (Section 56)
- Suspends any increase in local tax rates by the City for a period of five years from its acquisition of corporate existence. (Section 57)
- Provides that the City of Borongan shall continue to be part of the Lone Congressional District of Eastern Samar, unless otherwise provided by law. (Section 58)
- States that the provisions of the Local Government Code of 1991 and other applicable laws shall govern the City of Borongan, insofar as they are not inconsistent with this Act. (Section 59)
- Exempts the City of Borongan from the income requirement prescribed under Republic Act No. 9009. (Section 60)
- Includes a separability clause, a reservation for boundary disputes, and a repealing clause for inconsistent laws. (Sections 61-63)
- Specifies the effectivity of the Act 15 days after its publication in at least two newspapers of general and local circulation. (Section 64)
General Provisions
- Converts the Municipality of Borongan in Eastern Samar into a component City to be known as the City of Borongan. (Section 2)
- Defines the corporate powers of the City, including perpetual succession, suing and being sued, having a corporate seal, acquiring and disposing property, entering into contracts, and exercising powers for efficient governance. (Section 3)
- Outlines the general powers of the City, such as levying taxes, opening and closing roads, expropriating property, contracting loans, and delivering basic services. (Section 4)
- Allows the City to exercise powers for the general welfare of its inhabitants, including preserving culture, promoting health and safety, encouraging scientific development, improving public morals, and maintaining peace and order. (Section 5)
City Officials
- Establishes the positions of City Mayor, City Vice Mayor, Sangguniang Panlungsod members, and various department heads and officers. (Section 8)
- Outlines the qualifications, powers, and duties of the City Mayor, including enforcing laws, implementing programs, generating revenues, and delivering basic services. (Section 9)
- Defines the qualifications, powers, and duties of the City Vice Mayor, including presiding over the Sangguniang Panlungsod and assuming the office of the City Mayor in case of vacancy. (Section 10)
- Establishes the composition and powers of the Sangguniang Panlungsod, the legislative body of the City, including approving ordinances, generating revenues, granting franchises, and regulating activities within the City. (Section 11)
Legislative Process
- Requires the Sangguniang Panlungsod to adopt rules of procedure, including the organization, order of business, legislative process, and disciplinary measures for members. (Section 12)
- Mandates the disclosure of financial and business interests of Sangguniang Panlungsod members to avoid conflicts of interest. (Section 13)
- Outlines the procedures for regular and special sessions of the Sangguniang Panlungsod, including quorum requirements and the approval of ordinances. (Sections 14-17)
- Establishes the process for reviewing City ordinances by the Sangguniang Panlalawigan (Provincial Council) and barangay ordinances by the Sangguniang Panlungsod. (Sections 18-19)
- Prohibits the enforcement of disapproved ordinances or resolutions and specifies the effectivity of approved ordinances and resolutions. (Sections 20-21)
Succession of Officials
- Outlines the procedures for filling permanent vacancies in the offices of the City Mayor, City Vice Mayor, and Sangguniang Panlungsod members. (Sections 22-23)
- Establishes the procedures for handling temporary vacancies in the office of the City Mayor. (Section 24)
Appointive Officials
- Defines the qualifications, powers, and duties of various appointive officials, including the Secretary to the Sangguniang Panlungsod, City Treasurer, 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 Social Welfare and Development Officer, City Veterinarian, City General Services Officer, City Agriculturist, City Cooperatives Officer, City Environment and Natural Resources Officer, City Architect, City Information Officer, and City Population Officer. (Sections 25-46)
City Services
- Mandates the establishment of a City Fire Station Service, headed by a City Fire Marshal, with adequate personnel and fire-fighting facilities. (Section 47)
- Requires the establishment and maintenance of a City Jail Service, headed by a City Jail Warden, for the custody and safekeeping of prisoners. (Section 48)
- Establishes a City Schools Division under the Department of Education, headed by a Division Superintendent. (Section 49)
- Creates a City Prosecution Office under the Department of Justice, headed by a City Prosecutor and assistant prosecutors, to handle criminal prosecutions within the City's jurisdiction. (Section 50)
Transitory and Final Provisions
- Allows existing municipal ordinances of Borongan to remain in force until the Sangguniang Panlungsod provides otherwise. (Section 51)
- Requires a plebiscite to be conducted within 30 days of the Act's approval for the ratification of Borongan's conversion into a City, with expenses borne by the Municipality of Borongan. (Section 52)
- Provides for the continuation of the current elective officials of Borongan until a new election is held, and the automatic absorption of appointive officials and employees into the City government. (Section 53)
- Establishes that the City of Borongan shall succeed to all assets, properties, liabilities, and obligations of the Municipality of Borongan. (Section 54)
- Allows qualified voters of the City of Borongan to vote and run for provincial elective positions in Eastern Samar. (Section 55)
- Maintains the jurisdiction of the Province of Eastern Samar over the City of Borongan, unless otherwise provided by law. (Section 56)
- Suspends any increase in local tax rates by the City for a period of five years from its acquisition of corporate existence. (Section 57)
- Provides that the City of Borongan shall continue to be part of the Lone Congressional District of Eastern Samar, unless otherwise provided by law. (Section 58)
- States that the provisions of the Local Government Code of 1991 and other applicable laws shall govern the City of Borongan, insofar as they are not inconsistent with this Act. (Section 59)
- Exempts the City of Borongan from the income requirement prescribed under Republic Act No. 9009. (Section 60)
- Includes a separability clause, a reservation for boundary disputes, and a repealing clause for inconsistent laws. (Sections 61-63)
- Specifies the effectivity of the Act 15 days after its publication in at least two newspapers of general and local circulation. (Section 64)