The Bogo Times

9/28/2012 01:17:00 PM 2 comments

REPUBLIC ACT NO. 9390

AN ACT CONVERTING THE MUNICIPALITY OF BOGO, CEBU PROVINCE INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF BOGO

ARTICLE I

GENERAL PROVISIONS

Section 1. Title. – This Act shall be known as the “Charter of the City of Bogo”.

Section 2. The City of Bogo. – The Municipality of Bogo is hereby converted into a component city to be known as the City of Bogo, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Bogo, Cebu Province.

The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing boundary disputes or cases involving questions of territorial jurisdiction between the City of Bogo and its adjoining local government units: Provided, That the territorial jurisdiction of the disputed area or areas shall remain with the local government unit which has existing administrative supervision over said area or areas until the final resolution of the case.

Section 3. Corporate Powers of the City. – The City constitutes a political body corporate and, as such, is endowed with the attributes of perpetual succession and possessed of the powers which pertain to a municipal corporation to be exercised in conformity with the provision of this Charter. The City shall have the following corporate powers:

(a) To have a continuous succession in its corporate name;

(b) To sue and be sued;

(d) To acquire, hold and convey real or personal property;

(e) To enter into any contract and/or agreement; and

(f) To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act or laws.

Section 4. General Powers of the City. – The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interests of the City; to expropriate or condemn private property for public use; to contract and be contracted with; to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the City is involved or interested in; and to exercise all the powers as are granted to corporations or as hereinafter granted.

Section 5. General Welfare Clause of the City. – The City shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.

Within its territorial jurisdiction, the City shall ensure and support, among other things, preserve and enrich its culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Section 6. Liability for Damages. – The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.

Section 7. Jurisdiction of the City. – The jurisdiction of the City of Bogo, for police purposes only, shall be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring the purity of the water supply of the City, such police jurisdiction shall also extend over all the territory within the drainage area of such water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.

The regional trial courts and the city courts of the City of Bogo shall have concurrent jurisdiction with the regional trial courts and the metropolitan trial courts or the city or municipal trial courts of the adjoining municipalities over crimes and misdemeanors committed within the said drainage area, or within an area of one hundred meters (100 m.).

The court first taking jurisdiction of such offense shall thereafter retain exclusive jurisdiction thereof. But any license that may be issued within the said zone, area or space shall be granted by the proper authorities of the city or municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said city or municipality concerned and not to the City.