AN ACT CONVERTING THE MUNICIPALITY OF ESCALANTE

Case Overview and Summary

Summary of Republic Act No. 9014 (Charter of the City of Escalante)

General Provisions
- Converts the Municipality of Escalante, Province of Negros Occidental into a component City to be known as the City of Escalante. (Section 1)
- Defines the territorial jurisdiction and boundaries of the City of Escalante. (Section 2)
- Outlines the corporate powers of the City, including perpetual succession, ability to sue and be sued, use of a corporate seal, acquire and convey property, enter into contracts, and exercise powers granted by the charter. (Section 3)
- Grants the City general powers to levy taxes, open and close roads, acquire property, contract loans, expropriate private property for public use, and exercise powers granted to corporations. (Section 4)
- Establishes that the City and its officials are not exempt from liability for death, injury, or damage. (Section 5)
- Defines the jurisdiction of the City for police purposes and over water supply areas. (Section 6)

City Officials
- Lists the various officials of the City, including the mayor, vice mayor, sangguniang panlungsod members, department heads, and other appointed officials. (Section 7)
- Outlines the qualifications, powers, and duties of the City Mayor, including serving as the chief executive, enforcing laws, implementing programs, and exercising powers granted by the Local Government Code of 1991. (Section 8)
- Outlines the qualifications, powers, and duties of the City Vice Mayor, including presiding over the sangguniang panlungsod, appointing officials and employees, and assuming the office of the mayor in case of vacancy. (Section 9)
- Defines the composition and powers of the Sangguniang Panlungsod (City Council), including approving ordinances, generating revenues, granting franchises, regulating activities, and delivering basic services. (Section 10)

Legislative Process
- Requires the Sangguniang Panlungsod to adopt rules of procedure, including organization, order of business, legislative process, parliamentary procedures, and disciplinary measures. (Section 11)
- Mandates full disclosure of financial and business interests of Sangguniang Panlungsod members to avoid conflicts of interest. (Section 12)
- Establishes the rules for sessions of the Sangguniang Panlungsod, including regular and special sessions, quorum requirements, and procedures for approving ordinances. (Sections 13-15)
- Outlines the veto power of the City Mayor over ordinances and the process for the Sangguniang Panlungsod to override a veto. (Section 16)
- Establishes the process for review of City ordinances by the Sangguniang Panlalawigan (Provincial Council) and the process for review of barangay ordinances by the Sangguniang Panlungsod. (Sections 17-18)
- Prohibits the enforcement of disapproved ordinances or resolutions and establishes the effectivity of approved ordinances or resolutions. (Sections 19-20)

Disqualifications and Succession for Elective City Officials
- Lists the disqualifications for elective City officials, including those convicted of crimes, removed from office, with dual citizenship, or fugitives from justice. (Section 21)
- Outlines the process for filling permanent vacancies in the offices of the City Mayor, City Vice Mayor, and Sangguniang Panlungsod members. (Sections 22-23)
- Establishes the process for handling temporary vacancies in the office of the City Mayor. (Section 24)

Appointive Officials and Their Duties
- Outlines the qualifications, powers, and duties of various appointive officials, including the Secretary of 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 Environment and Natural Resources Officer, City Architect, City Information Officer, City Cooperatives Officer, and City Population Officer. (Sections 25-46)

City Services
- Mandates the establishment of a City Fire Station Service with adequate personnel, facilities, and equipment, headed by a City Fire Marshal. (Section 47)
- Requires the establishment and maintenance of a secured and sanitary City Jail Service, headed by a City Jail Warden. (Section 48)
- Establishes a City School Division under the Department of Education, Culture and Sports, headed by a Division Superintendent. (Section 49)
- Mandates the establishment of a City Prosecution Service, headed by a City Prosecutor and assistant prosecutors, under the supervision of the Department of Justice. (Section 50)

Transitory and Final Provisions
- Allows existing municipal ordinances of Escalante to remain in force until amended by the Sangguniang Panlungsod. (Section 51)
- Requires a plebiscite to be conducted within 60 days to ratify the creation of the City of Escalante, with expenses borne by the Municipality of Escalante. (Section 52)
- Provides for the continuation of existing elective and appointive officials and employees of the Municipality of Escalante until new elections are held and new officials assume office. (Section 53)
- Establishes that the City of Escalante shall succeed to all assets, properties, liabilities, and obligations of the Municipality of Escalante. (Section 54)
- Allows qualified voters of the City of Escalante to vote and run for provincial elective offices in Negros Occidental. (Section 55)
- Maintains the jurisdiction of the Province of Negros Occidental over the City of Escalante, unless otherwise provided by law. (Section 56)
- Suspends any increase in local tax rates by the City for a period of five (5) years from its acquisition of corporate existence. (Section 57)
- Maintains the City of Escalante as part of the First Congressional District of Negros Occidental Province until otherwise provided by law. (Section 58)
- Establishes the applicability of the Local Government Code of 1991 and other laws applicable to component cities to the City of Escalante. (Section 59)
- Includes a separability clause, reservation for boundary disputes, and repealing clause for inconsistent laws. (Sections 60-62)
- Sets the effectivity of the Act upon publication in at least two newspapers of general and local circulation. (Section 63)