AN ACT CONVERTING THE MUNICIPALITY OF GENERAL TRIAS IN THE PROVINCE OF CAVITE INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF GENERAL TRIAS

Case Overview and Summary

Summary of Republic Act No. 10675 (Charter of the City of General Trias)

General Provisions
- Establishes the Charter of the City of General Trias, converting the Municipality of General Trias in the Province of Cavite into a component city. (Section 1-2)
- Defines the corporate powers of the City, including perpetual succession, ability to sue and be sued, use a corporate seal, acquire property, enter into contracts, and exercise powers granted by the law. (Section 3)
- Outlines the general powers of the City, such as levying taxes, closing and opening roads, acquiring property, entering into contracts, and exercising 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, including over water supply areas and drainage areas. (Section 6)

City Officials
- Lists the mandatory officials of the City, including the City Mayor, Vice Mayor, Sangguniang Panlungsod members, department heads, and other positions. (Section 7)
- Outlines the qualifications, powers, duties, and term limits of the City Mayor, including serving as the chief executive, enforcing laws, and implementing programs. The City Mayor's term is 3 years, with a maximum of 3 consecutive terms. (Section 8)
- Defines the qualifications, powers, duties, and term of the City Vice Mayor, including presiding over the Sangguniang Panlungsod and assuming the office of the City Mayor in case of vacancy. The City Vice Mayor's term is 3 years. (Section 9)
- Specifies the composition, qualifications, powers, duties, and compensation of the Sangguniang Panlungsod (City Council), including enacting ordinances, approving resolutions, and appropriating funds. (Section 10-11)

Legislative Process
- Requires the Sangguniang Panlungsod to adopt rules of procedure within 90 days after the election of its members, covering organization, order of business, legislative process, parliamentary procedures, and disciplinary actions. (Section 12)
- Mandates full disclosure of financial and business interests of Sangguniang Panlungsod members to avoid conflicts of interest. (Section 13)
- Outlines the requirements for Sangguniang Panlungsod sessions, including regular sessions at least once a week, special sessions, quorum, and approval of ordinances. (Section 14-17)
- Establishes the process for review of City ordinances by the Sangguniang Panlalawigan (Provincial Council) and barangay ordinances by the Sangguniang Panlungsod. (Section 18-20)
- Specifies the effectivity of ordinances and resolutions, including posting and publication requirements. (Section 21)

Disqualification and Succession of Elective Officials
- Lists the grounds for disqualification of elective public City officials, such as conviction of crimes, removal from office, dual citizenship, and insanity. (Section 22)
- Outlines the process for filling permanent vacancies in the offices of the City Mayor, City Vice Mayor, and Sangguniang Panlungsod members through succession or appointment. (Section 23-24)
- Defines temporary vacancies in the office of the City Mayor and the process for designating an officer-in-charge. (Section 25)

Appointive Officials
- Mandates the appointment of various department heads and officers, including the Secretary to the Sangguniang Panlungsod, City Treasurer, City Assessor, City Accountant, City Budget Officer, City Planning and Development Officer, City Engineer, City Health Officer, City Civil Registrar, City Administrator, City Legal Officer, City Social Welfare and Development Officer, City Veterinarian, and City General Services Officer. (Section 26-39)
- Allows for the optional appointment of a City Environment and Natural Resources Officer, City Architect, City Information Officer, City Cooperatives Officer, City Population Officer, and City Agriculturist. (Section 40-45)

City Services
- Requires the establishment of a City Fire Station Service, headed by a City Fire Marshal, with adequate personnel and facilities. (Section 46)
- Mandates the establishment and maintenance of a City Jail Service, headed by a City Jail Warden, for the custody and safekeeping of prisoners. (Section 47)
- Establishes a City Schools Division under the Department of Education, headed by a City Schools Division Superintendent. (Section 48)
- Requires the establishment of a City Prosecution Service, headed by a City Prosecutor and assistant prosecutors, organizationally part of the Department of Justice. (Section 49)

Transitory and Final Provisions
- Allows existing municipal ordinances of General Trias to remain in force until the Sangguniang Panlungsod declares otherwise. (Section 50)
- Requires a plebiscite to be conducted within 120 days of the approval of the Act to ratify the creation of the City of General Trias. (Section 51)
- Provides for the continuation of the current elective officials of the Municipality of General Trias until a new election is held, and the automatic absorption of appointive officials and employees by the City government. (Section 52)
- States that the City of General Trias shall succeed to all assets, properties, liabilities, and obligations of the Municipality of General Trias. (Section 53)
- Allows qualified voters of the City of General Trias to vote and run for provincial elective positions in Cavite. (Section 54)
- Maintains the jurisdiction of the Province of Cavite over the City of General Trias, unless otherwise provided by law. (Section 55)
- Suspends any increase in local tax rates by the City for 5 years from its acquisition of corporate existence. (Section 56)
- Specifies that the City of General Trias shall continue to be part of the Sixth Legislative District of Cavite until otherwise provided by law. (Section 57)
- Declares the applicability of the Local Government Code of 1991, as amended, and other laws pertaining to the Province of Cavite to the City of General Trias, insofar as they are not inconsistent with the provisions of the Act. (Section 58)
- Includes a separability clause in case any part of the Act is held unconstitutional or invalid. (Section 59)
- Sets the effectivity of the Act 15 days after its complete publication in the Official Gazette or a newspaper of general circulation. (Section 60)