AN ACT CONVERTING THE MUNICIPALITY OF GAPAN

Case Overview and Summary

Summary of Republic Act No. 9022 (Charter of the City of Gapan)

General Provisions
- Converts the Municipality of Gapan, Province of Nueva Ecija into a component City to be known as the City of Gapan. (Section 2)
- Defines the territorial jurisdiction and metes and bounds of the City of Gapan. (Section 2)
- Grants the City of Gapan corporate powers, including perpetual succession, suing and being sued, having a corporate seal, acquiring and disposing of property, entering into contracts, and exercising other powers. (Section 3)
- Grants the City of Gapan general powers, such as levying taxes, opening and closing roads, acquiring and disposing of property, contracting, suing and being sued, and exercising other powers granted to corporations. (Section 4)
- Holds the City and its officials liable for damages. (Section 5)
- Defines the jurisdiction of the City for police purposes and the jurisdiction of courts over offenses committed within the drainage area or near water supply facilities. (Section 6)

City Officials
- Lists the officials of the City, including the City Mayor, Vice Mayor, Sangguniang Panlungsod members, and various department heads. (Section 7)
- Outlines the qualifications, powers, and duties of the City Mayor, including serving as the chief executive, enforcing laws, implementing programs, and exercising other 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, assuming the office of the City Mayor in case of vacancy, and exercising other powers granted by the Local Government Code of 1991. (Section 9)
- Defines the composition of the Sangguniang Panlungsod, including regular members, sectoral representatives, and their qualifications and compensation. (Section 10)
- Outlines the powers and duties of the Sangguniang Panlungsod, including approving ordinances and resolutions, generating and maximizing resources and revenues, granting franchises and licenses, regulating activities related to land use, ensuring the delivery of basic services, and performing other duties under the Local Government Code of 1991. (Section 10)

Legislative Process
- Requires the Sangguniang Panlungsod to adopt or update its rules of procedure within 90 days after the election of its members, including provisions for organization, order of business, legislative process, parliamentary procedures, and discipline of members. (Section 11)
- Requires Sangguniang Panlungsod members to disclose their business and financial interests, as well as any conflicts of interest, in writing. (Section 12)
- Specifies the requirements for regular and special sessions of the Sangguniang Panlungsod, including quorum, approval of ordinances, veto power of the City Mayor, and review of ordinances by the Sangguniang Panlalawigan. (Sections 13-17)
- Outlines the process for reviewing barangay ordinances by the Sangguniang Panlungsod and the consequences of enforcing disapproved ordinances or resolutions. (Sections 18-19)
- Specifies the effectivity of ordinances or resolutions, including posting and publication requirements. (Section 20)

Disqualifications and Succession
- Lists the disqualifications for elective City officials, such as those convicted of crimes, removed from office, or holding dual citizenship. (Section 21)
- Outlines the process for filling permanent vacancies in the offices of the City Mayor, City Vice Mayor, and Sangguniang Panlungsod members, including succession and appointment procedures. (Sections 22-23)
- Specifies the process for handling temporary vacancies in the office of the City Mayor. (Section 24)

Appointive Officials
- Outlines the qualifications, powers, and duties of various appointive officials, including the Secretary of the Sangguniang Panlungsod, City Treasurer, Assistant City Treasurer, City Assessor, Assistant 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, City Population Officer, and City Agriculturist. (Sections 25-46)

City Services
- Requires the establishment of a City Fire Station Service, headed by a City Fire Marshal, with adequate personnel, facilities, and equipment. (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 and other detainees. (Section 48)
- Requires the Department of Education, Culture and Sports to establish and maintain a City School Division, headed by a Division Superintendent. (Section 49)
- Requires the establishment of 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 the Municipality of Gapan to remain in force within the City of Gapan until the Sangguniang Panlungsod provides otherwise. (Section 51)
- Requires the ratification of the creation of the City of Gapan through a plebiscite conducted within 60 days after the approval of the Act, with expenses borne by the Municipality of Gapan and supervised by the Commission on Elections. (Section 52)
- Allows the present elective officials of the Municipality of Gapan to continue exercising their powers and functions until a new election is held, and the appointive officials and employees to be automatically absorbed by the City Government of Gapan. (Section 53)
- Specifies that the City of Gapan shall succeed to all the assets, properties, liabilities, and obligations of the Municipality of Gapan. (Section 54)
- Allows qualified voters of the City of Gapan to vote and run for elective positions in the Province of Nueva Ecija. (Section 55)
- Specifies that the City of Gapan shall continue to be under the jurisdiction of Nueva Ecija Province, unless otherwise provided by law. (Section 56)
- Prohibits an increase in the rates of local taxes by the City within 5 years from its acquisition of corporate existence. (Section 57)
- Specifies that the City of Gapan shall continue to be part of the Fourth Congressional District of Nueva Ecija Province until 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 Gapan insofar as they are not inconsistent with the provisions of this Act. (Section 59)
- Includes a separability clause, reservation for boundary disputes, and repealing clause. (Sections 60-62)
- Specifies that the Act shall take effect upon its publication in at least two newspapers of general and local circulation. (Section 63)