Sec 12 Cities that are highly urbanized as determined by law and component

Sec 12 cities that are highly urbanized as determined

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Sec 12. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials. Duties, privileges and obligations appertaining to HUCs will attach to Cabanatuan City if it is converted into an HUC. This includes the right to be outside the general supervision of the province and be under the direct supervision of the President. An HUC is not subject to provincial oversight 35
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because the complex and varied problems in an HUC due to a bigger population and greater economic activity require greater autonomy. 29 The provincial government stands to lose the power to ensure that the local government officials of Cabanatuan City act within the scope of its prescribed powers and functions, 30 to review executive orders issued by the city mayor, and to approve resolutions and ordinances enacted by the city council. 31 The province will also be divested of jurisdiction over disciplinary cases concerning the elected city officials of the new HUC, and the appeal process for administrative case decisions against barangay officials of the city will also be modified accordingly. 32 Likewise, the registered voters of the city will no longer be entitled to vote for and be voted upon as provincial officials. 33 In cutting the umbilical cord between Cabanatuan City and the province of Nueva Ecija, the city will be separated from the territorial jurisdiction of the province, as earlier explained. The provincial government will no longer be responsible for delivering basic services for the city residents’ benefit. Ordinances and resolutions passed by the provincial council will no longer cover the city. Projects queued by the provincial government to be executed in the city will also be suspended if not scrapped to prevent the LGU from performing functions outside the bounds of its territorial jurisdiction, and from expending its limited resources for ventures that do not cater to its constituents. 1âwphi1 In view of these changes in the economic and political rights of the province of Nueva Ecija and its residents, the entire province certainly stands to be directly affected by the conversion of Cabanatuan City into an HUC. Following the doctrines in Tan and Padilla, all the qualified registered voters of Nueva Ecija should then be allowed to participate in the plebiscite called for that purpose. Respondents’ apprehension that requiring the entire province to participate in the plebiscite will set a dangerous precedent leading to the failure of cities to convert is unfounded. Their fear that provinces will always be expected to oppose the conversion in order to retain the city’s dependence is speculative at best. In any event, any vote of disapproval cast by those directly affected by the
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