AN ACT CONVERTING THE MUNICIPALITY OF CALAMBA

Case Overview and Summary

Summary of Republic Act No. 9024 (Charter of the City of Calamba)

General Provisions
- Converts the Municipality of Calamba, Province of Laguna into a component City to be known as the City of Calamba. (Section 2)
- Defines the territorial jurisdiction and boundaries of the City of Calamba. (Section 2)
- Grants the City of Calamba corporate powers, including perpetual succession, suing and being sued, having a corporate seal, acquiring and conveying property, entering into contracts, and exercising powers provided by law. (Section 3)
- Grants the City general powers to levy taxes, open and close roads, acquire and dispose of property, expropriate private property for public use, contract loans, sue and be sued, and exercise powers granted to corporations. (Section 4)
- Establishes the liability of the City and its officials for death, injury, or damage to persons or property. (Section 5)
- Defines the jurisdiction of the City for police purposes and the concurrent jurisdiction of courts over crimes committed within the drainage area or near water supply facilities. (Section 6)

City Officials
- Lists the mandatory and optional officials of the City, including the City Mayor, Vice Mayor, Sangguniang Panlungsod members, department heads, and other officers. (Section 7)
- Outlines the qualifications, powers, and duties of the City Mayor, including serving as the chief executive, enforcing laws, initiating programs, and supervising the delivery of basic services. (Section 8)
- Outlines the qualifications, powers, and duties of the City Vice Mayor, including presiding over the Sangguniang Panlungsod, assuming the office of the City Mayor in case of vacancy, and performing duties assigned by law. (Section 9)
- Establishes the composition and powers of the Sangguniang Panlungsod, the legislative body of the City, including approving ordinances, generating revenues, regulating activities, and providing basic services. (Section 10)
- Requires the Sangguniang Panlungsod to adopt internal rules of procedure, including provisions for organization, legislative process, parliamentary procedures, and disciplinary actions. (Section 11)
- Mandates the disclosure of financial and business interests of Sangguniang Panlungsod members to avoid conflicts of interest. (Section 12)
- Regulates the conduct of Sangguniang Panlungsod sessions, including regular and special sessions, quorum requirements, and the approval and effectivity of ordinances. (Sections 13-20)
- Outlines the disqualifications for elective City officials, including those convicted of crimes, removed from office, or holding dual citizenship. (Section 21)
- Establishes the rules for succession in case of permanent vacancies in the offices of the City Mayor, Vice Mayor, and Sangguniang Panlungsod members. (Sections 22-23)
- Provides for the temporary assumption of the City Mayor's duties by the Vice Mayor or a designated official in case of incapacity or absence. (Section 24)
- Outlines the qualifications, powers, and duties of various appointive officials, including the Secretary to the Sangguniang Panlungsod, City Treasurer, Assessor, Accountant, Budget Officer, Planning and Development Coordinator, Engineer, Health Officer, Civil Registrar, Administrator, Legal Officer, Social Welfare and Development Officer, Veterinarian, General Services Officer, Environment and Natural Resources Officer, and optional officers like the Architect, Information Officer, Cooperatives Officer, Population Officer, and Agriculturist. (Sections 25-46)

City Services
- Mandates the establishment of a City Fire Station with adequate personnel, facilities, and equipment, headed by a City Fire Marshal. (Section 47)
- Requires the establishment and maintenance of a secure City Jail, headed by a City Jail Warden, for the custody of prisoners and mentally ill persons. (Section 48)
- Provides for the establishment of a City School Division by the Department of Education, Culture and Sports, headed by a Division Superintendent. (Section 49)
- Establishes a City Prosecution Service, headed by a City Prosecutor and assistant prosecutors, organizationally part of the Department of Justice, to handle criminal prosecutions in the City. (Section 50)

Transitory and Final Provisions
- Allows existing municipal ordinances of Calamba to remain in force until amended or repealed by the Sangguniang Panlungsod. (Section 51)
- Requires the ratification of the City's creation through a plebiscite conducted by the Commission on Elections within 60 days, with expenses borne by the Municipality of Calamba. (Section 52)
- Provides for the continuation of the current elective officials of the Municipality of Calamba until a new election, and the automatic absorption of appointive officials and employees by the City Government. (Section 53)
- Establishes the succession of the City of Calamba to all assets, properties, liabilities, and obligations of the Municipality of Calamba. (Section 54)
- Allows qualified voters of the City of Calamba to vote and run for provincial elective positions in Laguna Province. (Section 55)
- Maintains the jurisdiction of the Province of Laguna over the City of Calamba, 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)
- Retains the City of Calamba as part of the Second Congressional District of Laguna Province until otherwise provided by law. (Section 58)
- Applies the provisions of the Local Government Code of 1991 and other applicable laws to the City of Calamba, insofar as they are not inconsistent with this Act. (Section 59)
- Includes a separability clause to preserve the validity of the remaining provisions if any part is declared invalid or unconstitutional. (Section 60)
- Reserves the determination of boundary disputes or territorial jurisdiction issues between the City of Calamba and adjoining local government units by the appropriate agency or forum. (Section 61)
- Repeals all laws, decrees, rules, and regulations inconsistent with the provisions of this Act. (Section 62)
- Sets the effectivity of the Act upon its publication in at least two newspapers of general and local circulation. (Section 63)