AN ACT CONVERTING THE MUNICIPALITY OF EL SALVADOR IN THE PROVINCE OF MISAMIS ORIENTAL INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF EL SALVADOR

Case Overview and Summary

Summary of Republic Act No. 9435 (Charter of the City of El Salvador)

General Provisions
- Converts the Municipality of El Salvador in Misamis Oriental into a component City to be known as the City of El Salvador.
- Defines the corporate powers, territorial jurisdiction, and liability for damages of the City. (Sections 1-6)

City Officials
- Lists the elected and appointed officials of the City, their qualifications, powers, and functions. (Sections 7-47)
- The City Mayor is the chief executive, elected at large, with powers over policy, programs, services, fiscal management, and public order. (Section 8)
- The City Vice Mayor is the presiding officer of the Sangguniang Panlungsod (City Council) with specific duties. (Section 9)
- The Sangguniang Panlungsod is the legislative body composed of elected officials with powers to enact ordinances, approve resolutions, generate revenues, grant franchises, and regulate activities. (Sections 10-11)
- Outlines the legislative process, including internal rules, disclosure of interests, sessions, quorum, approval of ordinances, veto power, and review of ordinances. (Sections 12-21)
- Defines disqualifications for elective officials and provisions for permanent and temporary vacancies. (Sections 22-25)
- Describes the qualifications, powers, and functions of various appointed officials, including the Secretary, Treasurer, Assessor, Accountant, Budget Officer, and others. (Sections 26-47)

City Services
- Mandates the establishment of a City Fire Station, City Jail, City Schools Division, and City Prosecution Service with specific provisions. (Sections 48-51)

Transitory and Final Provisions
- Provides for the continuity of existing municipal ordinances until amended by the City. (Section 52)
- Requires a plebiscite for ratification of the City's creation, with the Municipality bearing the expenses. (Section 53)
- Allows current municipal officials and employees to continue their roles until new elections and appointments. (Section 54)
- The City succeeds to all assets, properties, liabilities, and obligations of the Municipality. (Section 55)
- Qualified voters can vote and run for provincial elective positions in Misamis Oriental. (Section 56)
- The City remains under the jurisdiction of Misamis Oriental unless otherwise provided by law. (Section 57)
- No increase in local tax rates shall be imposed within 5 years of the City's creation. (Section 58)
- The City remains part of the Second Congressional District of Misamis Oriental until otherwise provided by law. (Section 59)
- No new gambling establishments shall be licensed or allowed to operate in the City for 3 years. (Section 60)
- Allows for determination of boundary disputes with adjoining local government units. (Section 61)
- Applies the Local Government Code of 1991 and other applicable laws to the City. (Section 62)
- Exempts the City from the income requirement under Republic Act No. 9009. (Section 63)
- Includes a separability clause and effectivity provision. (Sections 64-65)