Amending R.A. No. 5412, as Amended, Otherwise Known as the Charter of the City of General Santos
Republic Act No. 9649 amends the Charter of the City of General Santos, enhancing the city's control over public lands ceded by the national government. It stipulates that the city holds beneficial ownership of these lands and mandates that all revenues from their disposition be directly channeled to the city government. Additionally, the act asserts that all public utilities and infrastructure previously owned by the municipality are now under city ownership, with the city responsible for their liabilities. It also requires prior consultation and concurrence of the city government for any gambling operations and mandates government agencies to report on public land dispositions. Violations of the act result in penalties, including imprisonment for individuals and disqualification from public office for officials.
Law Information
- Reference Number
- Republic Act No. 9649
- Date Enacted
- Category
- Statutes
- Subcategory
- Republic Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
July 7, 2009
REPUBLIC ACT NO. 9649
AN ACT AMENDING REPUBLIC ACT NO. 5412, AS AMENDED, OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF GENERAL SANTOS
SECTION 1. Sections 98 and 101 of Republic Act No. 5412, as amended, are hereby further amended to read as follows: HCTAEc
"SEC. 98. All lands of the public domain having been ceded by the national government to the City of General Santos, the city shall exercise the rights and prerogatives over such lands in the concept of a beneficial owner. The disposition of all lands of the public domain within the city shall be in accordance with the provisions of Commonwealth Act No. 141, as amended, and all other pertinent laws, executive issuances, rules and regulations: Provided, That all incomes and receipts derived from such disposition, administration and management of all lands of the public domain shall accrue exclusively and to be turned over immediately without need of demand to the city as provided in this Act: Provided, further, That the city government shall at all times be consulted and informed of such disposition, administration and management: Provided, finally, That the city government shall concur prior to any disposition, administration and management of such public lands."
"SEC. 101. Ownership of Waterworks, Electric Light and Power and Telephone Systems, Roads, Streets, Etc.— Any provisions of law to the contrary notwithstanding, all existing waterworks, electric light and power, and/or telephone systems presently operated by the Municipality of General Santos shall be owned by the city, and revenues therefrom shall accrue to the general fund of the city. cCESaH
"All existing municipal and provincial roads, streets, bridges, docks, piers, wharves, machineries, equipment and other public works improvements shall be owned by the city, and all the funds and assets of the Municipality of General Santos shall be owned by the city and its liabilities shall be assumed by the city, any provision of law to the contrary notwithstanding.
"Notwithstanding the provisions of Republic Act Nos. 8371, 7916 and 6657, as amended, the city government shall be informed and its concurrence shall be sought on all matters relating to lands by agencies of government concerned, which the city council determines for the use of the city." ISCDEA
SECTION 2. Republic Act No. 5412, as amended, is hereby further amended to add a new Section 101-A to read as follows:
"SEC. 101-A. Establishment and/or operation of any form of gambling authorized under existing laws such as, but not limited to, Presidential Decree Nos. 420, 1869 and Republic Act No. 1169, as amended, and the city shall not be allowed except upon prior concurrence of the City Government of General Santos."
SECTION 3. Within sixty (60) days from the date of the effectivity of this Act, all concerned agencies of the government shall submit a comprehensive and detailed report of all dispositions of public lands in the city to the City Government.
SECTION 4. The provisions of this Act rendered ineffective by virtue of Republic Act No. 7160 or the Local Government Code, as amended, specifically paragraph (f), Section 534 thereof, are hereby deemed repealed and superseded accordingly.
SECTION 5. Any person who shall violate the provisions of this Act shall, in addition to the administrative, civil or criminal liability imposable under other existing laws, suffer the penalty of six (6) months imprisonment: Provided, That in the case of a government official or personnel, he/she shall likewise suffer the penalty of perpetual disqualification to hold public office.
SECTION 6. If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.
SECTION 7. All laws, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with the provisions of this Act are hereby amended, modified, superseded or repealed accordingly. ADaSEH
SECTION 8. To effectively implement the provision of this Act, the City Council of General Santos City, in coordination with the agencies of government concerned, shall promulgate the necessary implementing rules and regulations within sixty (60) days from the date of the effectivity of this Act.
SECTION 9. This Act shall take effect fifteen (15) days from its publication in at least two (2) newspapers of national circulation.
Approved: July 7, 2009
Cite This Law
Amending R.A. No. 5412, as Amended, Otherwise Known as the Charter of the City of General Santos, Republic Act No. 9649, Jul 7, 2009 (Philippines)
Amending R.A. No. 5412, as Amended, Otherwise Known as the Charter of the City of General Santos, Republic Act No. 9649 (Phil. 2009)
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