AN ACT CONVERTING THE MUNICIPALITY OF HIMAMAYLAN

Republic Act No. 9028

This law, known as the "Charter of the City of Himamaylan", converts the Municipality of Himamaylan in the Province of Negros Occidental into a component city to be known as the City of Himamaylan.

General Provisions:

Section 1: Provides the title of the Act.
Section 2: Defines the territorial jurisdiction of the City of Himamaylan, including its metes and bounds.
Section 3: Outlines the corporate powers of the City, such as having a continuous succession, suing and being sued, having a corporate seal, acquiring and disposing of property, entering into contracts, and exercising other powers.
Section 4: Grants the City general powers, including levying taxes, closing and opening roads, taking and disposing of property, expropriating private property for public use, contracting, suing and being sued, and exercising other powers granted to corporations.
Section 5: States that the City and its officials shall not be exempt from liability for death, injury, or damage to persons or property.
Section 6: Defines the jurisdiction of the City for police purposes and the protection of water supply.

City Officials in General:

Section 7: Lists the officials of the City, including the city mayor, vice mayor, sangguniang panlungsod members, and various department heads. It also allows for the creation, consolidation, or maintenance of other offices as necessary.

The City Mayor and Vice Mayor:

Section 8: Outlines the qualifications, term, compensation, and powers and duties of the city mayor, including implementing programs, enforcing laws and ordinances, generating resources and revenues, ensuring the delivery of basic services, and exercising other powers under the Local Government Code of 1991.
Section 9: Outlines the qualifications, term, compensation, and powers and duties of the city vice mayor, including acting as the presiding officer of the sangguniang panlungsod, assuming the office of the city mayor in case of vacancy, and exercising other powers under the Local Government Code of 1991.

The Sangguniang Panlungsod:

Section 10: Defines the composition of the sangguniang panlungsod, including the city vice mayor as the presiding officer, regular sanggunian members, and sectoral representatives.
Section 11: Requires the sangguniang panlungsod to adopt or update its rules of procedure within 90 days after the election of its members, covering various aspects such as organization, order of business, legislative process, parliamentary procedures, and discipline of members.
Section 12: Requires sangguniang panlungsod members to make a full disclosure of their business and financial interests, as well as any conflicts of interest, upon assumption of office.
Section 13: Outlines the requirements for regular and special sessions of the sangguniang panlungsod, including the minimum number of sessions, notice requirements, and open or closed-door sessions.
Section 14: Defines the quorum requirements for the sangguniang panlungsod and the procedures for addressing a lack of quorum.
Section 15: Outlines the process for the approval of ordinances by the city mayor, including the mayor's veto power and the sangguniang panlungsod's ability to override the veto.
Section 16: Further details the city mayor's veto power, including the ability to veto specific items in an appropriations ordinance or local development plan.
Section 17: Outlines the process for the review of city ordinances by the sangguniang panlalawigan (provincial legislative council) to ensure they are within the powers conferred upon the sangguniang panlungsod.
Section 18: Outlines the process for the review of barangay ordinances by the sangguniang panlungsod to ensure consistency with laws and city ordinances.
Section 19: States that any attempt to enforce a disapproved ordinance or resolution shall be grounds for the suspension or dismissal of the responsible official or employee.
Section 20: Outlines the requirements for the effectivity of ordinances or resolutions, including posting, publication, and dissemination in various languages.

Disqualifications and Succession for Elective City Officials:

Section 21: Lists the disqualifications for running for elective positions in the City, such as those convicted of certain offenses, removed from office, with dual citizenship, or insane or feeble-minded.
Section 22: Outlines the procedures for filling permanent vacancies in the offices of the city mayor and city vice mayor through succession by the highest-ranking sangguniang panlungsod member.
Section 23: Outlines the procedures for filling permanent vacancies in the sangguniang panlungsod through appointments by the provincial governor, with nominees coming from the same political party as the vacant position.
Section 24: Outlines the procedures for handling temporary vacancies in the office of the city mayor, with the city vice mayor or the highest-ranking sangguniang panlungsod member assuming the powers and duties of the city mayor.

The Appointive Officials of the City:

Section 25: Outlines the qualifications, compensation, and duties of the Secretary of the Sangguniang Panlungsod, including attending meetings, keeping records, and forwarding ordinances and resolutions.
Section 26: Outlines the qualifications, compensation, and duties of the City Treasurer, including advising on financial matters, taking custody of funds, and implementing tax ordinances.
Section 27: Outlines the qualifications, compensation, and duties of the Assistant City Treasurer, including assisting the City Treasurer and administering oaths related to tax delinquencies.
Section 28: Outlines the qualifications, compensation, and duties of the City Assessor, including ensuring proper appraisal and assessment of real properties for taxation purposes.
Section 29: Outlines the qualifications, compensation, and duties of the Assistant City Assessor, including assisting the City Assessor and administering oaths related to real property assessments.
Section 30: Outlines the qualifications, compensation, and duties of the City Accountant, including installing an internal audit system, preparing financial statements, and maintaining ledgers and records.
Section 31: Outlines the qualifications, compensation, and duties of the City Budget Officer, including preparing budget forms, reviewing budget proposals, and coordinating with other offices on budgeting matters.
Section 32: Outlines the qualifications, compensation, and duties of the City Planning and Development Coordinator, including formulating development plans, conducting studies and training programs, and promoting people's participation in development planning.
Section 33: Outlines the qualifications, compensation, and duties of the City Engineer, including reviewing policies and plans related to infrastructure and public works, and providing engineering services to the City.
Section 34: Outlines the qualifications, compensation, and duties of the City Health Officer, including supervising health services personnel, formulating and implementing health programs and projects, and being in the frontline of health-related activities during disasters and calamities.
Section 35: Outlines the qualifications, compensation, and duties of the City Civil Registrar, including accepting and filing registrable documents, issuing certified transcripts, and coordinating with the National Statistics Office on vital registration.
Section 36: Outlines the qualifications, compensation, and duties of the City Administrator, including developing and implementing management and administration-related programs and projects, establishing a sound personnel program, and conducting organizational development.
Section 37: Outlines the qualifications, compensation, and duties of the City Legal Officer, including representing the City in legal actions, drafting ordinances and contracts, rendering legal opinions, and prosecuting violations of ordinances.
Section 38: Outlines the qualifications, compensation, and duties of the City Social Welfare and Development Officer, including formulating and implementing social welfare programs and projects, providing relief and assistance during disasters and calamities, and advising on matters related to social welfare and development services.
Section 39: Outlines the qualifications, compensation, and duties of the City Veterinarian, including advising on matters related to slaughterhouses, regulating domestic animals and poultry products, preventing cruelty to animals, and eradicating animal diseases.
Section 40: Outlines the qualifications, compensation, and duties of the City General Services Officer, including taking custody of city properties, maintaining and supervising janitorial and security services, managing records and archives, and advising on matters related to general services.
Section 41: Outlines the qualifications, compensation, and duties of the City Environment and Natural Resources Officer, including formulating and implementing environment and natural resources programs and projects, promoting the utilization of mineral resources, and advising on matters related to environmental protection and conservation.
Section 42: Outlines the qualifications, compensation, and duties of the City Architect, including preparing architectural plans and designs, reviewing submitted plans, and coordinating with entities involved in land and water utilization.
Section 43: Outlines the qualifications, compensation, and duties of the City Information Officer, including providing information to the public, furnishing data to government agencies, and maintaining effective liaison with various community sectors.
Section 44: Outlines the qualifications, compensation, and duties of the City Cooperatives Officer, including assisting in the organization and development of cooperatives, providing technical assistance, and establishing linkages with agencies involved in cooperative promotion.
Section 45: Outlines the qualifications, compensation, and duties of the City Population Officer, including implementing programs on population development and responsible parenthood, maintaining a data bank, and implementing training programs.
Section 46: Outlines the qualifications, compensation, and duties of the City Agriculturist, including ensuring assistance to farmers and entrepreneurs, conducting agricultural research, establishing demonstration farms, enforcing rules and regulations related to agriculture and aquaculture, and coordinating with agencies promoting agricultural productivity.

The City Fire Station Service, the City Jail Service, the City School Division, and the City Prosecution Service:

Section 47: Requires the establishment of at least one fire station in the City, with adequate personnel, facilities, and equipment, and headed by a City Fire Marshal.
Section 48: Requires the establishment and maintenance of a secured, clean, and adequately equipped city jail, headed by a City Jail Warden.
Section 49: Requires the Department of Education, Culture and Sports to establish and maintain a school division for the City, headed by a Division Superintendent.
Section 50: Requires the establishment of a city prosecution service, headed by a City Prosecutor and assistant prosecutors, who shall be part of the Department of Justice and handle criminal prosecutions in the City.

Transitory and Final Provisions:

Section 51: Provides that all existing municipal ordinances of the Municipality of Himamaylan shall continue to be in force within the City until the sangguniang panlungsod provides otherwise.
Section 52: Requires the ratification of the creation of the City of Himamaylan through a plebiscite to be conducted within 60 days from the approval of this Act, with expenses borne by the Municipality of Himamaylan and supervised by the Commission on Elections.
Section 53: Provides that the present elective officials of the Municipality of Himamaylan shall continue to exercise their powers and functions until a new election is held, and the appointive officials and employees shall be automatically absorbed by the City Government of Himamaylan.
Section 54: States that the City of Himamaylan shall succeed to all the assets, properties, liabilities, and obligations of the Municipality of Himamaylan.
Section 55: Provides that the qualified voters of the City of Himamaylan shall qualify to vote and run for elective positions in the elections for provincial governor, vice governor, sangguniang panlalawigan members, and other elective offices for the Province of Negros Occidental.
Section 56: States that the City of Himamaylan shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Negros Occidental.
Section 57: Prohibits any increase in the rates of local taxes by the City within the period of five (5) years from its acquisition of corporate existence.
Section 58: Provides that until otherwise provided by law, the City of Himamaylan shall continue to be a part of the Fifth Congressional District of Negros Occidental Province.
Section 59: States that the provisions of the Local Government Code of 1991 and other applicable laws shall govern the City of Himamaylan insofar as they are not inconsistent with this Act.
Section 60: Includes a separability clause, stating that if any part of this Act is declared invalid or unconstitutional, the other parts or provisions shall remain valid and effective.
Section 61: Reserves the determination of boundary disputes or cases involving territorial jurisdiction between the City of Himamaylan and any adjoining local government units, even after the effectivity of this Act.
Section 62: Repeals, amends, or modifies all laws, decrees, rules, and regulations inconsistent with the provisions of this Act.
Section 63: Provides that this Act shall take effect upon its publication in at least two (2) newspapers of general and local circulation.