Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 34

Introduced by REP. RUWEL PETER S. GONZAGA.

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Nabunturan into a component city of the
Province of Davao de Oro to be known as the City of Nabunturan

The winds of change is sweeping Davao de Oro. Encouraged by a renewed optimism, its
leaders are now more invigorated to dream and aspire for higher goals for the good of its
municipalities, for a better province, and for the best for its people. One particular dream is the
conversion of the Municipality of Nabunturan to a component city in the Province of Davao de
Oro.

The Municipality of Nabunturan is a first-class municipality consisting of twenty-eight
(28) barangays with a total land area of more of less 269.99 square kilometers, which ideally met
the minimum land requirement of at least One Hundred (100) square kilometres

The Local Government Unit of Nabunturan as observed is rapidly progressing with its
locally generated annual income beyond One Hundred (100) Million Pesos in the past two (2)
years from 2020 to 2021 despite the onset of the pandemic. Clearly it has complied with R.A 9009,
an act amending Section 450 of the Local Government Code of 1991, which specify that for a
municipality to become a city the same should generate a local average income of at least One
Hundred Million (100,000,000,00) Pesos for the last two (2) consecutive years, where evidently
the Municipality of Nabunturan met this minimum requirement pertaining to local generated
income.

Its population as determined by the 2020 Census is eighty-four thousand three hundred
forty (84, 340) which is less than what was provided for in Section 450 of the Local Government
Code of not less than one hundred fifty thousand {150,000} inhabitants as certified by the National
Statistics Office. However, with the advent of R.A 11683 or the law which exempts a municipality
from the land and population requirements if it generates at least P100 Million for two consecutive
years, the door to cityhood should not closed down on this municipality considered as the heart of
the valley.

The conversion of the Municipality into a component city will enable the Local
Government Unit of Nabunturan to have more infrastructures and facilities for education. health,
disaster management, cnvironmental protection and more efficient delivery of basic services to its
growing population and at the same time to be a more effective partner of the national government
in promoting economic growth and providing social services to the people.

Being the capital town of Davao de Oro. the conversion of the Municipality of Nabunturan
into a component city will surely bring about benefits not only to the municipality itself but also
to the adjacent municipalities or those residing in neighboring communities that will experience a
spillover effect in economic opportunities. As a city, Nabunturan’s status will be enhanced and
will have that much needed boost to cnable it to share the best it could offer to the country

Itis in this strong belief that this bill is filed and the reason approval and support is honestly

sought.
yEL oe GONZAGA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS

First Regular Session_

HOUSE BILL No, 2894

SS
Introduced by REP, RUWEL PETER S. GONZAGA

AN ACT
IUNICIPALITY OF NABUNTURAN IN THE PROVINCE OF
‘O COMPOENT CITY TO BE KNOWN AS THE CITY OF
NABUNTURAN

CONVERTING TH
DAVAO DE ORO LE

Be it enacted hy the Senate and House of Representatives uf the Phalippines in Congress
assembled:

ARTICLE T
GENERAL PROVINSIONS

SECTION 1. Title — This Act shall be known as the “Charter of the City of Nabunturan™

SECTION 2. The City of Nabunturan. - The Municipality of Nabunturan shall be
converted into a component city to be known as the City of Nabunturan, herein, afier referred to
as the City, which shall comprise the present territory of the Municipality of Nabunturan, Province
of Davao de Oro.

‘The territorial jurisdiction of the City shall be within the present metes and bounds of the
Municipality of Nabunturan

The foregoing provision shall be without prejudice to the resolution by the appropriate
ayency or forum of any boundary dispute or case involving questions of territorial junisdietion
between the City of Nabunturan and the adjoining local government units: Provided, That the
territorial jurisdiction of the disputed area and areas shall remain with the local government unit
Which has existing administrative supervision over the said area and areas until the final resolution
of the case.

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

{a) To have a continuous succession in its corporate name;
ib} To sue and be sued
(c) To have and use a corporate seal; i
(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 under Republic Act NO. 7160, otherwise known as the Local Government
Code of 1991, as amended”, this Act or Laws.


SECTION 4. General Powers. — The City shall have a common seal and may alter the
same at pleasure: Provided, that any change of corporate seal shall be registered with the
Department of the Intertor and Local Government (DILG). It shal! exercise the powers to levy
taxes; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold,
lease, convey and disposed of real and personal property for the general interests of the City: to
expropriate or condemn private property for public use, to contract and to be contracted with: the
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 of as herein
afier conferred

SECTION 5, General Welfare Clause of the City- The City shall exercise the powers
expressly granted, those necessarily implied thereftom, 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, the
preservation and enrichment of its culture, promote health ad safety, enhance the rizht of the people
to a balanced ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhanee 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 exempted
from liability for death or injury to persons or damage to property,

SECTION 7. Jurisdiction of the City, — The jurisdiction of the City, for police purposes
only, shall be co-extensive 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 are of such water supply, or within one hundred meters (100)
of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water
service

The city court of the City of Nabunturan shall be concurrent jurisdiction with the city or
municipality court of the adjoining municipality or cities, to try crimes and misdemeanors
‘committed within said drainage area or within said spaces of one hundred meters (100),

‘The court first taking cognizance of such an offense shall have jurisdiction to try cases to
the exclusion of others. The police forces of several municipality and cities concerned shall have
concurrent jurisdiction with the police forces of the City for the maintenance of good order and
the enforcement of ordinance throughout said zone, arca or spaces. But any license that may be
issued within said zone, area or spaces shall he granted by the proper authorities of the city or
municipality concerned. And the fees arising there, shail accrue to the treasury of the said city or
municipality concerned and not the City.

ARTICLE I
CITY OFFICIALS IN GENERAL

SECTION 8. The Officials of the City of Nabunturan — (a) There shall be in the City
of Nabunturan: a City Mayor, a City Vice Mayor, Sangguniang Panlungsod members, a secretary
to the Sangguniang Panlungsod, a city treasurer and an assistant city treasuter, a city assessor and
an assistant city assessor, a City accountant, a city budget office, a city planning and development
officer, a city engincer. a city health officer, a city civil registrar, a city administrator, a city leual
officer, a city social welfare and development officer, a city veterinarian and city yeneral services
officer,


(b) In addition, thereto, the City mayor may appoint a city environment and natural
Tesources officer, a city architect, a city information officer, a city cooperatives
officer. a city population officer, a city agriculturist, a city business permits and
licensing officer, a city education officer, a city youth and sports development
officer, a city public safety officer, a city tourism and cultural affairs officer, a city
human resource development officer and a city building official

(c) There shall be established in the City a city fire station to be headed by a city fire
marshal, a city jail to be headed by a city jail warden, a City Schools Division to be
headed by the City Schools Division Superintended and a City Prosecution Service
10 be headed by the City Prosecutors; and

(d) The Sangguniang Panlunysod may:

|. Maintain existing offices not mentioned in subsections (a) and (b); hereof,

2. Create such other offices as may be necessary to carry out the purposed of the
City: or

3. Consolidate the functions of any office with those of another in the interest of
efficiency and economy

(¢) Unless otherwise provided herein, heads of departments and offices shall be
appointed by the city mayor with the concurrence of the majority of all the
Sangguniang panlungsod members, subject to civil service law, rules and
regulations. ‘The sangguniang panlungsod shall act on the appointment within
fifteen (15) days from the day of its submission, otherwise the same shall be deemed
confirmed.

(£) Elective and appointive city officials shall receive compensation, allowances and
other emoluments as may be determined by the law or ordinance, subject to the
budgetary limitations on personal services prescribed under Title Five, Book II of
the Local Government Code of 1991, as amended: Provided, that no increase in the
compensation of the City Mayor, City Vice Mayor and Sangguniang Panlungsod
member shall take effect until after expiration of the full term of the local officials
approving the increase.

ARTICLE IT
‘THE CITY MAYOR AND CITY VICE MAYOR

SECTION 9. The City Mayor. (2) The City mayor shall be the Chief Executive of the
City and shall be elected at large by the qualified voters of the City. No person shall be eligible
for the position ol’city mayor unless, at the time of the election:

1. He isa least twenty-one (21) years of age:

2. A resident of the City for at least one (1) year immediately preceding the day
of the election, and

3. A qualified voter therein and is able to read and write Filipino or any other
language or dialect.

He shall hold office for three (3) years, unless sooner removed, but shall serve for not more
than three (3) consecutive terms in the same position. Then City Mayor shall receive a
minimum monthly compensation corresponding 1o Salary Grade 30 as prescribed under
Republic Act No 6758, as amended, otherwise known as the “Compensation and Position
Classification act of 1989", and the Implementing Guidelines issued pursuant thereto.


{b) The City Mayor as the Chief Executive of the City government, shall exercise such
powers and perform such duties and functions as provided for by the Local Government Code of
1991, as amended, this Act and other laws.

(c} For efficient, effective and economical yovernance. the purpose of which is the
general welfare of the city and its inhabitants, the City Mayor connection shalt:

|. Exercise general supervision and control over all programs, projects services,
and activities of the city yovernment and, in this connection, shall:

i)

(it)

(i)

tiv)

(vy)

(vi)

(vii)

(viii)

(x)

(x)

Determine the guidelines of city polictes and be a responsible to the
‘Sanggumang Panlungsod for the program of government,

Direct the formulation of the city development plan, with the
assistance of the city development council and, upon approval
thereof by the sangguniang panlungsod, implement the same,

Present the program of government and proposed policies and
projects for the consideration of the sangguniang panlungsod at the
opening of the regular session of the sangguniang paniunesod every
calendar year and as often as may be deemed necessary as the general
welfare of the inhabitants and the needs of the city government may
require:

Initiate and proposed legislative measures to the sangguniang
panlungsod and, as often as may be deemed necessary, provided
such information and data necded or requested by the said
sangguinian authorized by law to appoint,

Appoint all officials and employees whose salaries and wages are
wholly or mainly paid out the city funds and whose appointments are
not otherwise provided under the Local Government Code of 1991.
as amended, and this Act, and those appointment he or she may be
authorized by law to appoint.

Represent the City in all its business transactions and sign on its
behalf all bonds, contacts and obligations, and such other documents
upon the authority of the sangguniang panlungsod or pursuant to law
or ordinance,

Carry out such emergency measures as may be necessary during and
in the after math of man-made and natural disasters and calamities,

Determine the time, manner and place of payment of salaries or
wages of the officials and employees of the city. in accordance with
Jaw or ordinance:

Allocate and assign office space to the City and other officials and
employees who. by law or ordinance, are entitled to sch space in the
office and other buildings owned or leased by the city government:

Ensure that all executive officials and employees of the City
faithfully discharge their duties and functions as provided for the law
and the Local Government Code of 1991, and cause to be instituted
administrative or judicial proceedings against any official or
employee of the City who may have commitied an offense in the
performance of his official duties:


(xi)

{xii}

(xiii)

{xiv}

(xv)

xvi)

(xvii

(xviti)

{xix)

(xx)

Examine the books, records and other documents of all offices,
officials, agents or employees of the City and, in aid of executive
powers and authority, require all national officials and emplovees
stationed in or assigned to the City to make available to him such
books, records and other documents in their custody, except those
classified by law as confidential;

Furnish copies of executive orders issued to the Office of the
President and the Office of the Sectetary of the DILG within
seventy-two (72) hours after their issuance;

Visit component barangays of the City at leased once every six (6)
months to deepen his understanding of the problems and conditions,
listen and give appropriate counsel to local officials and inhabitants
of general laws and ordinance which especially concern them, and
otherwise conduct visits and inspections to ensure that the
governance of the City will improve the quality of life of the
inhabitants,

Act on leave applications of officials and employees appointed and
‘on the commutation of the monetary value of their leave credits in
accordance with law,

Authorize official trips of city officials and employees outside the
City for a period not exceeding thirty (30) days: Provided, that the
trips abroad or for 2 longer period may be authorized in accordance
with the Local Government Code of 1991;

Call upon any national official or employee stationed in or assigned
to the City for advise on matters affecting the City and to make
recommendations thereon, coordinate with the said officials and
employees in the formulation and the implementation of plans
programs and projects: and, when appropriate, initiate an
administrative or judicial action against a national government
official or employees who may have committed an olTense in the
performance of official duties while stationed in or assigned to the
City,

Authorize payment for medical care, necessary transportation,
subsistence, hospital or medical fees of city officials and employees
Who are injured while in the performance of their official duties and
functions, subject to the availability of funds,

Solemnize marriages, any provision of law to the contrary
notwithstanding:

Conduct an annual palarong pantungsod which shall feature
traditional sports and disciplines included in national and
international games, in coordination with the Department of
Education (DepED): and

Submit to the provincial governor the following reports: an annual
report containing a summary of all matters pertinent to the
management, administration and development of the City and all
information and data relative to its political, social and economic
conditions, and supplemental reports when unexpected events and
situations arise at any time during the year, particularly when man-
made and natural disasters or calamities affect the general welfare of
the City”:


2. Enforce all laws and ordinances relative to the governance of the city and in
the exercise of its appropriate corporate powers, as well as implement all
approved policies, programs, projects, services and activities of the City, and,
in addition, shalt

@

(ii)

ii)

tiv)

(vy)

(vi)

Ensure that the acts of the City’s component barangays and of its
officials and employees are within the scope of their prescribed
power, duties and functions:

Call conventions, conferences, seminars or meeting of elective and
appointive officials of the City, including national officials and
employees stationed in or assigned to the City, at such time and place
and on such subjects as may be deemed important for the promotion
of the general welfare of the local government unit and its
inhabitants;

Issue such executive orders for the faithful and appropriate
enforcement and execution of laws and ordinances,

Be Entitled to carry the necessary firearms within the territorial
jurisdiction;

Act as the deputized representative of the National Police
Commission, formulate the peace and order plan of the City and.
upon its approval, implement the same, and as such, exercise general
and operational control and supervision over police forces in the city
in accordance with Republic Act No. 6975, otherwise known as the
“Department of the Interior and Local Government Act of 1990";
and

Call upon the law enforcement agencies to suppress disorder, riot,
lawless violence, rebellion, sedition, or apprehend violators of the
law when public interest so requires and the city police forces are
inadequate to cope with the situation or the violators;

3. Initiate and maximize the generation of resources and revenues, and apply the
same to the implementation of development plans, program objectives and
priorities, particularly those resources and revenues programmed for agro-
industrial development and countryside growth and progress and relative
thereto, shall:

w

i)

(it)

(iv)

Require cach head of an office or department to prepare and submit
an estimated of appropriations for the ensuing calendar year, in
accordance with the budget preparation process enshrined under
Republic Act No. 7160, otherwise known as the Local Government
Code of 1991;

Prepare fund submit to the sanygunian for approval the executive
and supplemental budget of the City for the ensuing calendar year in
the manner provided for under the Local Government Code of 1991:

Ensure that all taxes and other revenues of the city are collected. and
that city funds arc applied to the payment of expenses and the
settlement of obligations of the City, in accordance with law or
ordinance,

Issue licenses and permits and suspend or revoke the same for any
violation of the conditions upon which said licenses or permits had
been issued, pursuant to law or ordinance,


(v)

(vid

(vii)

(viii)

(ix)

Issue permits, without need of approval therefore from any national
agency. for the holding, of activities for any charitable or welfare
purpose, excluding prohibited games of chance or shows contrary to
law, public policy and public morals:

Require owners of illegally constructed houses, buildings or other
structures to obtain the necessary permits, subject to such fines and
penalties as may be imposed by law or ordinances, or to make
necessary changes in the construction of the sane when said
construction violates any law or ordinances, or to order the
demolition or removal of said house, buitding or struetures within
the period prescribed by law or ordinances:

Adopt adequate measures to safeguard and conserve land, mineral,
marine, forest and other resources of the City,

Provide efficient and effective property and supply, management in
the City and protect the funds, credits. rights and other properties of
the City, and

Institute or cause to be instituted administrative or judicial
proceedings for violation of ordinances in the collection of taxes,
fees, charges and for the recovery funds and property: and cause the
city to be defended against all suits to ensure that its interests.
resources and rights shail be adequately protected:

4, Ensure the delivery of basic services and the provision of adequate facilities
and, in addition thereto, shall:

6

(i)

(ii)

Ensure that the construction and repair of roads and highways funded
by the national government shail be, as fer as practicable, carried out
in a spatially contiguous manner and in coordination with the
construction and repair of the roads and bridges of the City; and

Coordinate the implememation of technical services, including
public works and infrastructure progeams, rendered by the national
offices;

. Perform such other duties and function and exercise such other powers as

provided for under the Local Government Code of 1991, and those that are
prescribed by law of ordinance,

During his incumbency, the city mayor shall hold office in the city hall

SECTION 10, ‘The City Vice Mayor, — (a) There shall be a City Vice Mayor who shall
be elected in the same manner as the city mayor and shall, at the time of the election, possess the
same qualifications as the city mayor. The City Vice Mayor shall hold office for three (3) years,
unless sooner removed, and shall receive a monthly compensation corresponding to salary grade
twenty-six (26) as. prescribed under Republic Act No, 6758, otherwise known as. the
“Compensation and Position Classification Act of 1989", and the implementing guidelines issued
pursuant thereto, and such other compensation, emoluments and allowances as may be determined

by law,

(b) The City Vice Mayor shall exercise the following duties:

(1) Act as presiding officer of the Sangguniang Panlungsod and sign all warrants
drawn on the City Treasury for all expenditures for the operation of the
Sangguniang Panlungsod:


(2) Subject to civil service law, rules and regulations, appoint all officials and
employees of the Sangguniang Panlungsod, except those whose manner of
appointment is specifically provided for under existing laws;

(3) Assume the office of the City Mayor for the unexpired term of the latter in the
event of permanent vacancy as provided for under the Local Government Code
of 199 as amended;

(4) Exercise the power and perform the duties and functions of the City Mayor in
case of temporary vacancy as provided for under the Local Government Code
of 1991, as amended: and

(3) Perform such other duties and functions and exercise such other powers as
provided for under the Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, as amended and those that are prescribed by law or
ordinance.

ARTICLE TV
THE SANGGUNIANG PANLUNGSOD

SECTION 11. Composition, -(a) The Sangguniang Panglungsod, the legislative body of the City
shall be composed of the city vice mayor as the presiding officer, the ten (10) regular sanggunian
members, the President of the city chapter of the Ligang mga Barangay, the President of the
Panlungsod na Pederasyon ng mga Sangguniang Kabataan and the three (3) sectoral
representatives: who shall come from the following sectors, as members: one {1} from the women
sector: and as shall be determined by the sangguniang panlungsod within ninety (90) days prior to
the holding of the local elections, one (1) from the agricultural or industrial workers sector; and
‘one (1) from the other sector, including urban poor or indigenous cultural communities or persons
with disabilities (PWD),

(0) The regular members of the Sangguniang Panlungsod and sectoral representatives
shall be elected in the manner as may be provided for by law

{c) The members of the sangguniang Panlungsod shall receive a minimum monthly
compensation corresponding to Salary Grade Twenty-Five (SG-25} as prescribed
under the “Compensation and Position Classification Act of 1989", as amended, and
the implementing guidelines issued pursuant thereto.

SECTION 12. Powers, Duties, Functions and Compensations, ~ (a) The Sangguniang
Panlungsod, as the legislative body of the City, shall enact ordinances, approve resolutions and
appropriate funds for the ueneral welfare of the City and its inhabitants to Section 16 of the Local
Government Code of 1991, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective city
government and in this connection, shall:

(Review all ordinances approved by the Sangguniang Barangay and executive
orders issued by the Punong Barangay to determine whether these are within
the scope of the prescribed powers of the Sangguniang Barangay and of the
Punong Barangay,

(ii) Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and imposed
penalties for the violation of said ordinances,

(iii) Approved ordinances imposing a fine not exceeding Five thousand pesos (P
5,000) or an imprisonment of a period not exceeding one (1) year, or both, at
the discretion of the court, fore violation of a city ordinance:

{iv} Adopt measures to protect the inhabitants of the city from the harmful effects
of man-made or natural disasters and calamities, and to provide relief services


)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xu)

(xin)

and assistance to victims during and in the aftermath of said disasters or
calamittes and in their return to productive livelihood following said events:

Enact ordinances intended to prevent, suppress and impose appropnate
penalties for habitual drunkenness in public places, vayrancy, mendicancy.
Prostitution, the establishment and maintenance of house of ill-repute,
gambling and other prohibited games of chance, fraudulent devices and ways
to obtain money or property, drug addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing. distribution or exhibition of
obscene or pomographic matcrials or publications and such other activities
inimical to the welfare and morals of the inhabitants of the City;

Protect the environment and, to this end, it may set aside at least ten percent
(10%) of its development funds for the purpose of maintaining and enhancing
the ecological balance of the City. It may also impose appropriate penalties for
acts which endanger the environment, such as illegal logging, smuggling of
logs, smuggling of natural resources products and of endangered species of
flora and fauna, slash-and-burn farming and such other activities which result
in pollution, acceleration of siltation of rivers and lakes or of ecological
imbalance,

Subject to the provisions of the Local Government Code of 199] and other
pertinent laws, determine the powers and duties of officials and employees of
the City;

Consistent with the Salary Standardization Law, determine the positions and
the salaries, wages allowances and other emoluments and benefits of officials
and employees paid wholly or mainly from city funds and provide for
expenditures necessary for the proper conduct of programs, projects, services
and activities of the city government;

Authorize the payment of compensation to a qualified person not in the
government service who fills in a temporary vacancy or grant hovoraria to any
qualified official or employee designated to fill in a temporary vacancy in a
concurrent capacity at the rate authorized by law

Provide a mechanism and the appropriate funds therefore for the safety and
protection of all city government properties, public documents or records such
as those relating to property inventory. land ownership. records of births,
marriages, deaths, assessments, taxation, accounts, business permits and such
other records and documents of public interest in the offices and departments
of the city government,

When the finances of the city government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary and
high schoo! teachers, and other national government employees stationed in or
assigned to the City,

Provide legal assistance to barangay officials who, in the performance of their
official duties or on the occasion thereof, have to initiate judicial proceedings
or defend themselves against legal actions; and

Provide for group insurance or additional insurance coverage for al] barangay
officials, including members of barangay tanod brigades and service units, with
public or private insurance companies, when the finances of the city
government allow said coverage


4)

(ii)

(tii) Subject to the pros

(2) Generate and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City, as provided for under the
Local Government Code of 1991, as amended with particular attention to agro-
industrial development and city-wide growth and prouress and, relative thereto,
shall.

Approve the annual and supplemental budgets of the city government and
appropriate funds for specific programs, projects services and activities of the
City, or for other purposes not contrary to law, in order to promote the general
welfare of the city and its inhabitants,

Subject to the provisions of Book 1 of the Local Government Code of [991
and applicable Laws and, upon the majority vote of ali the members of the
Sangguniang panglungsod, enact ordinances levying taxes, fees and charges,
prescribing the rates thereof for general and specific purposes and granting tax
exemptions, incentives or reliefs,

ions of Book H of the Local Government Code of 1991
and upon the majority vote of all the members of the, authorize the city major
To negotiate and contract loans and other forms of indebtedness:

(iv) Appropriate funds for the construction and maintenance or the rental of

(v)

ti)

buildings for the use of the City and, upon the majority vote of all the members.
of the sangguniang panlungsod, authorize the city mayor to lease to private
parties such public buildings held in the proprietary capacity, subject to existing
Jaws, rules and regulations,

Prescribe reasonable limits and restraints on the use of property within the
Jurisdiction of the City;

Adopt a comprehensive land-use for the City and ensure coordination with the
approved provincial comprehensive land-use plan:

(vii) Reclassify lands within the jurisdiction of the City, subject to the pertinent

Provisions of the Local Government Code of 1991,

(viti) Enact integrated zoning ordinances in consonance with the approved

(ix)

(x)

(xi)

comprehensive land-use plan, subject to existing laws, rules and regulations;
establish fire limits or zones, particularly in populous centers; and regulate the
construction, repair or modification of buildings within said limits or zones in
accordance with the provisions of the Fire Code of the Philippines,

Subject to national law. process and approve subdivision plans for residential,
commercial or industrial purposes and other development purposes, and to
collect processing fees and other charges, the proceed of which shall accrue
entirely to the City: Provided, however, That where approval of a national
agency or office is required, said approval shall not be with held for more than
thirty (30) days from receipt of the application. Failure to act on the application
within the period stated above shall be deemed as approval thereof,

With the concurrence of at least two-thirds (2'3) vote of all the members of the
‘Sangguniang Panjungsod, grant tax exemptions incentives or reliefs to entities
engaged in community growth inducing industries, subject to the provisions of
the Local Government Code of 1991,

Grant loans or provide grants to other local government units or to national,
provincial and city charitable, benevolent or educational institutions: ’rovicled.
‘That said institutions are operated and maintained within the City:

(xit) Regulate the numbering of residential, commercial and other building: and

(nti

) Regulate the inspection. weivhinu and measuring of articles of commerce.


a)

(3) Subject to the provisions of Book I! of the Local Government Code of 1991,
enact ordinances granting franchises and authorizing the issuance of permits of
licenses, upon such conditions and for such purposes intended to promote the
general welfare of the inhabitants of the City and, pursuant to this legislative
authority, shall

Fix and impose reasonable fees and charges for all services rendered by the city
government to private persons or entities;

(ii) Regulate or fix license fees for any business or practice of profession within

Git

(iv

(vy)

the City and the condition under which the license for said business or practice
cof profession may be revoked and enact ordinances levying taxes thereon,

} Provide for and set the terms and conditions under which public utilities owned
by the City shall be operated by the City government and prescribe the
conditions under which the same may be leased to private persons or entities,
preferable cooperatives:

} Regulate the display of and fix the licenses fees for signs, sign boards or
billboards at the place or places where the profession or business advertised
thereby is, in whole of in part, conducted:

Any law to the contrary notwithstanding, authorize and license the
establishment, operation and maintenance of cockpits, and regulate
cockfighting and commercial breeding of gamecocks: Provided, That existing
rights should not be prejudiced;

(vi) Subject to the guidelines prescribed by the Department of Transportation and

Communication (DOTC), regulate the operation of tricycles land grand
franchises for the operations thereof within the territorial jurisdiction of the
city; and

(vii) Upon approval by a majority vote of all the members of the Sangguniang

w

(tt)

Panglungsod, grant # franchise to any person partnership, corporation or
cooperative to do business within then City, establish, construct. operate and
maintain ferries, wharves, markets or slaughter houses, or undertake such other
activities within the City as may be allowed by existing laws: Provided, That
cooperatives shall be given preference in the grant of such franchise.

(4) Regulate activities relative to the use of land, buildings and structures within
the City im order to promote the general welfare and, for the said purpose, shall:

Declare, prevent or abate any nuisance,

With the concurrence of the majority of the members of the Sangguniang:
Panlungsod, a quorum being present. deny the entry of legalized gambliny by
ordinance into any part of the City or regulate its location in the City:

Require that buildings and the premises thereof and any land with the City be
Kept and maintained in a sanitary condition, impose penalties for any violation
thereof, or upon failure to comply with the said requirements, have the work
done at the expense of the owner, administrator or tenant concerned: and
require the filing up of any land or premises to a grade necessary for proper
sanitation;

(iv) Regulate the disposal of clinical and other wastes from hospitals, clinics and

other similar establishments;



Ww)

(vi)

(vii)

(viii)

ix)

(x)

Regulate the establishment, operation and maintenance of restaurants, beer
houses, hotels, motels, inns, pension houses, lodging houses and other similar
establishment, including tourist guides and transports:

Regulate the sale, giving away or dispensing of any intoxicating malt, vino,
mixed or fermented liquors at any retail outlets;

Regulate the establishment and provide for the inspection of steam boilers or
any heating device in buildings and the storage of inflammable and highly
combustible materials within the City,

Regulate the establishment, operation and maintenance of any entertainment or
amusement facilities, including the theatrical performances, circuses, billiard
hails, public dancing schools, public dance halls, sauna baths, massage parlors
and other places for entertainments or amusements: regulate such other events
or activities for amusement or enterlainment, particularly those which tend to
disturb the community or annoy the inhabitants, or require the suspension or
suppression of the same, prohibit certain forms of amusement or entertainment
in order to protect the social and moral welfare of the community,

Provide for the impounding of stray animals: regulate the keeping of animals
in homes or as part of a business, and the slaughter sale or disposition of the
‘same, and adopt measures to prevent and penalize cruelty to animals, and

Regulate the establishment, operation and maintenance of funeral parlors and
the burial or cremation of the dead, subject to existing laws, rules and
regulations,

(5) Approve ordinances which shall ensure the cfficient and effective delivery of

(i)

(ii)

(iti)

(iv)

vy)

(vi)

basic services and facilities as provided for under the Local Government Code
of 199] and, in addition to said services and facilities, shall:

Provide for the establishment, maintenance, protection and conservation of
communal forest and watersheds, tree parks and greenbelts, mangroves and
other similar forest development projects:

Establish markets, slaughter houses or animal corrals and authonze the
operation thereof by the city government and regulate the construction and
operation of private markets, talipapas and other similar buildings and
structures;

Authorized the establishment, maintenance and operation by the city
government of ferries, wharves, and/or other structures intended to aceclerate
productivity related to marine life in the preservation thereof,

Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh
dairy products and other foodstuffs for public consumption,

Regulate the use of strects, avenues. alleys, sidewalks, bridges, parks and other
public places and approve the construction, improvement, repair and
maintenance of the same: establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicle which serve the public,
regulate garages and the operation of conveyances for hire; designate stands to
be occupied by public vehicles when not in use; regulate the putting up of signs,
sign posts, awnings and awning posts on the streets; and provide for the
lighting, cleaning and sprinkling of streets and public places:

Regulate traffic on all streets and bridges, prohibit encroachments or obstacles
thereon and, when necessary in the interest of public welfare, authorize the
removal of encroachments and illegal constructions in public places;


(vil)

(viii)

tix)

ix)

(xi)

(xii)

(xiii)

(xiv)

(xv)

ixvi)

(xvii)

Subject to existing laws, establish and provide for the maintenance, repair and
operation of an efficient waterworks system to supply water for the inhabitants
and to purify the source of the water supply; regulate the construction,
maintenance, repair and usc of hydrants, pumps, cisterns and reservoirs; protect
the purity and the quantity of the water supply of the City and, for this purpose,
extend the coverage of appropriate ordinances over all territory within the
drainage arca of said water supply within one pumping station or watershed
used in connection with the water service; and regulate the consumption, use
or wastage of water and fix and collect charzes thereof,

Regulate the drilling and excavation of the ground for the laying of water. gas,
sewer and other pipes and the construction, repair and maintenance of public
drains, sewers, cesspools, tunnels and similar structures; regulate the placing
of poles and the use of crosswalks, curbs and gutters: adopt measures to ensure
public safety against open canals, man holes, livewires and other similar
hazards to life and property; and regulate the construction and use of private
water closets, privies and other similar structures in buildings and homes;

Regulate the placing, stringing. attaching, installing, repair and construction of
all gas mains, electric telegraph and telephone wires, conduits, meters and other
apparatus, and provide for the correction, condemnation oF removal of the same
when found to be dangerous to the welfare of the inhabitants;

Subject to the availability of funds ands to existing laws rules and regulations.
‘establish and provide for the operation of vocational and technical schools and
similar post-sccondary institutions and, with the approval of the Technical
Education and Skills Development (TESDA), and subject to existing laws on
tuition fees, fix and collect reasonable tuition fees and other school charges in
education institutions supported by the city government;

a scholarship fund for poor but deserving students in schools located
jurisdiction o for students residing within the City:

Approve measures and adopt quarantine regulations to prevent the introduction
and the spread of diseases,

Provide for an efficient and effective system of solid waste and garbage
collection and disposal and prohibit littering and the placing or throwing of
warbage, refuse and other filth and wastes,

Provide for the care of persons with disabilities (PWD), paupers, the aged, the
sick, persons of unsound mind, abandoned minors, juvenile delinquents (18)
years of age, and subject to the availability of funds, establish and provide for
the operation of centers and facilities for the suid needy and disadvantaged
persons:

Establish and provide for the maintenance and improvement f jails and
detention centers, institute a sound jail management program and appropriate
funds for the subsistence of detainees and convicted prisoners in the City,

Establish a city council whose purpose is the promotion of culture and arts,
coordinate with government agencies and non-government organizations and,
subject to the availability of funds, appropriate funds for the support and
development of the same, and

Establish a city council for the elderly and senior citizens which shall formulate
policies and adopt measures mutually beneficial to the elderly and to the
community, provide incentives for non-government agencies and entities and,
subject to the availability of funds, appropriate funds to support programs and
projects for the benefit of the elderly:


(6) Pertorm such other dutics and functions and exercise such powers as provided for
under the Local Government Code of 1991, and those that are prescribed by law or
ordinance,

ARTICLE V
PROCESS OF LEGISLATION

SECTION 13. Internal Rules of Procedure ~ (a) On the first regular session following
the election of its members and within ninety (90) days thereafter, the Sangguniang Panglusod
shall adopt or update its existing rules of procedure.

(b)} The rules of procedure shal! provide for the following.

(1) The organization of the Sanggunian and the election of its officers as well as
the creation of standing committee which shall include, but shall not be limited
to, the committee on Appropriations, Revenues, Engineering and Public Works,
Education and Health Women and Family, Human Rights, Youth and Sports
Development. Environment Protection, Peace and Order and Traffic, and
Cooperatives; the general jurisdiction of each committee; and the election of
the charman and members of each committee, and the election of the chairman
and members of each committee;

(2) The order and calendar of business for each session:

(3) The legislative process,

(4) The parliamentary procedure which includes the conduct of members during
Sessions,

(5) The discipline of members for disorderly behavior and absences without
justifiable cause for four (4) consecutive sessions for which they may be
censured, reprimanded or excluded from the session, suspended for nt more
than sixty (60) days or expelled: Provided, That the penalty of suspension or
expulsion shall require the concurrence of at least two-thirds (2/3) vote of all
the Sanggunian members: Provided, father that a member convicted by tinal
judgment to imprisonment of at least one (1) year for any crime involving moral
turpitude shall be automatically expelled from the Sangguniang: and

(6) Such other rules as the Sanggunian may adopt.

SECTION 14, Full Disclosure of Fi | and Business Interest of Sangguniang
Pantungsod Members — (a) Every Sangguniang Panlungsod member shall, upon assumption to
office, make a full disclosure of his business and financial interests, Such disclosure shall also
include a protessional relationship or any felation by affinity or consanguinity within the fourth
civil degree, which he may have with any person, firm or entity affected by any ordinance or
Tesolution under consideration by the Sanggunian of which he or she is a member, which
relationship may result in conflict of interests. Such relationship shall include

(1) Ownership of stock or capital, or investment in the entity or firm to which the
ordinance or resolution may apply; and

(2) Contracts or agreements with any person or entity which the ordinance or
resolution under consideration may affect. In the absence of a specific
constitutional or statutory provision applicable to this situation, “conflict of
interest” refers in general to one where it may be reasonably deduced that a
member of a Sanggunian may not act in the public interest due to some private,
pecuniary or other personal consideration that may tend to affect the exercise of
judgment to the prejudice of the service or the public.

(b) The disclosure required under this Act shall be made in writing and submitted to the
secretary of the Sanggunian or the Secretary of the commitice of which he or she is a member.
‘The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in
the following manners


(1) Disclosure shail be made before the member participates in the deliberation on
the ordinance or resolution under consideration: J?rowieled, that if the member
did not participate during the deliberations, the disclosure shall be made before
voting on the ordinance or resolution on second and third readings: and

(2) Disclosure shall be made when a member takes 2 position or makes a privilege
Speech on a matter that may affect the business interest, financial connection or
professional relationship described herein.

SECTION 15, Sessions: (a) On the first day of the session immediately following the
lection of its members, the Sangguniang Panlungsod shall, by resolution, fix the day. time and
place of its sessions. The minimum number of regular sessions shall be once a week for the
Sanggunian Panlungsod and Twice a month for the Sangguniang Barangay

(b) When the public interest so demands, special sessions may be called by the City Mayor
or by a majority of the members of the Sanggunian

(c) All Sanggunian session shall be open to the public unless a closed-door session is
ordered by an affirmative vote of @ majority of the members present, there being a quorum, in the
public interest or for reasons of security, decency or morality, No two (2) sessions, regular or
special, may be held in a single day,

(d) In the case of special sessions of the Sanggunian, a written notice to the members shall
be served personally at the members” usual place of residence at least twenty-four (24) sessions,
regular or special, may be held in a single day.

Unless otherwise concurred in by two-thirds (2/3} vote of the Sanggunian members
present, there being a quorum, no other matters may be considered at a special session
except those states in the notice.

{c) The Sanggunian Panlungsod shall keep a journal and record of its proceedings which
may be published upon resolution of the majority of its members.

SECTION 16, Quorum — (a) A majority of all the members of the sangyunian who have
been elected and qualified shall constitute a quorum to transact official business, Should a question
of quorum be raised during a session, the presiding officer shall immediately proceed to call the
roll of the members and thereafier announce the results.

(h) Where there is no quorum, the presiding officer may declare a recess until such
time as a quorum is constituted, or a majority of the members present may adjourn from day to
day and may compel the rmmediate attendance of any member absent, without justifiable cause by
designating a member of the Sanggunian, to be assisted by a member or members of the police
force assigned in the ternitorial jurisdiction of the City of Nabunturan, to arrest the absent member
and present him at the session,

(c) If there is still no quorum despite the enforcement of the immediately preceding.
subsection, no business shall be transacted. ‘The presiding officer, upon proper motion duly
approved by the members present, shall then declare the session adjourned for lack of quorum.

SECTION 17. Approval of Ordinances — (a) Every ordinance enacted by the
Sangguniang Panlungsod shall be presented to the City Mayor. If the City Mayor approves the
same, he or she shall affix his or her signature on each and every page thereof, otherwise, the
ordinance shall be vetoed and return the same with his or her statement on the objections to the
Sanggunian, which may proceed to reconsider the same. The sanggunian may override the veto
of the City Mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance or
resolution effective for all leval intents and purposes,


(b) The City Mayor shall haye the power to veto any particular item or items of an
appropriations ordinance, an ordinance or resolution adopting a local development plan and public
investment program or an ordinance directing the payment of money or creating liability. In such
case, the veto shall not affect the item or items which are not objected to. The vetoed item or items
shall not take effect unless the Sangguniang Panglunysod overrides the veto in the manner herein
provided, otherwise, the item or items in the appropriations ordinance of the previous year
corresponding to these vetoed, if any, shall be deemed re-enacted.

{cjThe City Mayor may veto an ordinance or resolution only once. ‘The Sanggunian may
override the veto of the City Mayor by the two-thirds (2/3) vote of all its members, thereby making
the ordinance effective even without the approval of the City Mayor.

SECTION 18. Veto Power of the City Mayor- (a) the City Mayor may veto any
ordinance of the Sangguniang Pantungsod on the ground that it is ultra vires or prejudicial
to the public welfare, stating the reasons for the veto in wnting.

(b) The City Mayor shall have the power to veto any particular item or items of an
appropriations ordinance, an ordinance of resolution adopting a local development plan and
public investment program or an ordinance direeting the payment of money or creating liability.
In such case, the veto shall not affect the item or items which are not objected to, The vetoed item
‘or items shall not take effect unless the Sangguniang Panlungsod overrides the veto in the manner
herein provided, otherwise, the item or items in the appropriations ordinance of the previous year
corresponding to those vetoed, If any, shall be deemed re-enacted

(c) The City Mayor may veto an ordinance or resolution only once. The Sunggunian may
overnde the veto of the City Mayor by two-thirds (2/3) vote of all its members, thereby making
the ordinance effective even without the approval of the City Mayor.

SECTION 19. Review of the City Ordinances by the Sangguniang Panlalawigan ~ (a)
Within three (3) days after the approval, the Secretary to the Sangguniang Panlungsod shall
forward to the Sangguniang Panlalawigan for review, copies of approved ordinances and the
resolutions approving the local development plans and public investment programs formulated by
the local development councils,

(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the
Sangguniang Panlalawigan shall examine the documents or transmit them to the provincial
attorney or the provincial prosecutor for prompt examination. The Provincial attorney of the
provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform
‘the Sangguninan Panlalawigan n writing of his comments or recommendations, which may be
considered by the Sangguniang Panlalawigan in making its decision,

(c} If the Sungewneng Panlelawigan tinds that such an ordinance or resolution is beyond
the power conferred upon the Sungeunung Panlungsod concemed, it shall declare such
ordinance or resolution invalid in whole or in part, The Sungeuniany Pantulawigan shall enter
its action in the minutes and shall advise the corresponding city authorities of the action it has
taken

(4) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days
afier submission of such an ordinance or resolution, the same shall be presumed consistent with
law and therefore valid

SECTION 20. Review of Barangay Ordinances by the Sangguniang Panlungsod - (a)
Within ten (10) days after their enactment, the Sangguniang Barangay shall furnish copies
of all barangay ordinances to the Sangguniang Panlunysod for review as to whether the
ordinance is consistent with law or city ordinances.

(b) If the Sangetmiang Panlimgsod fails to take action on barangay ordinances within
thirty (30) days from receipt there at the same shall be deemed approved


(c)If the Surtgguntang Pantuigsod finds the barangay ordinances Inconsistent with law
or city ordinances, the Sangguniang Panlungsod shall, within thirty (30) days ftom receipt
thereof. return the same with its comments and recommends s to the Sangganiang
Harangayconcerned for adjustment, amendmem or modification: In which case, the
effectivity of the barangay ordinance is suspended until such time as the revision called for is
effect.

SECTION 21. Enforcement of Disapproved Ordinances or Resolutions - Any
attempt to enforce any ordinance or any resolution approving the local development plan
and public investment program, after the disapproval thereof, shall be sufficient vround for the
suspension or dismissal of the official or employee concerned.

SECTION 22. Effectivity of Ordinances or Resolutions - (a) Unless otherwise stated in
the ordinance or the resolution approving the local development plan and public
investment program, the same shall take effect after ten (10) days from the date a copy thereof
isposted in a bulletin board at the entrance of the City Hall of Nabunturan, and in at least 1wo (2)
‘other conspicuous places in the City of Nabunturan not later than five (5) days after approval
thereof’

(b) The secretary of the Sungguniang antionssod shall cause the posting of an ordinance
or resolution in the bulletin board at the entrance of the City Hall, and in at least two (2)
conspicuous places in the City not later than five (5) days after approval thereof.

‘The text of the ordinance or resolution shall be disseminated and posted in Filipino or
English and in the language or dialect understood by the majority of the people in the City and
the secretary of the Samggunang Pantungsod shall record such fact in a book kept for the
Purpose, stating the dates of approval and posting.

(c) Ordinances with penal sanctions shall be posted at prominent places in City Hall, for a
minimum period of three (3) consecutive weeks Such ordinances shall also be published in a
newspaper of general circulation within the City.

ARTICLE VI
DISQUALIFICATIONS AND SUCCESSION FOR ELECTIVE CITY OFFICIALS.

SECTION 23. Disqualifications for Elective City Officials - ‘The following persons
are disqualitied from running for any elective position in the City

(a) Those sentenced by final judgment for an offense involving moral turpitude or an
offense punishable by one (1) year or more of imprisonment within two (2) years
alter serving sentence:

{b} Those removed from office as a result of an administrative case;

{c) Those convicted by final judgment for violating the oath of allegiance to the Republic
of the Philippines:

(e} Those with dual citizenship,

(d) Fugitives from justice in criminal or nonpolitical cases here and abroad,

(1) Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right afier the effectivity of the Local Government

Code of 1991, as amended: and

(g} The insane or feeble-minded.


SECTION 24, Permanent Vacaney in the Office of the City Mayor and City Vice
Mayor- (a) If's permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor
shall become the City Mayor. if a permanent vacancy occurs in the office of the City Vice Mayor,
the highest ranking Sangguniang Panlunysod member or, in case of the latter's permanent
incapacity, the second highest ranking Sangguniang Pantungsod member shall become the City
Mayor or City Vice Mayor, as the case may be. Subsequent vacancies in the said offices shall
be filled automatically by the other Sunggunian members according to their ranking as defined
under the Local Government Code of 1991, as amended.

(b) If a permanent vacancy occurs in the office of the Punong Barungay. the highest
ranking Samgguniang Baru gay member or, in case of the latter's incapacity, the second
highest Sungetmian member shall become the Punony Baranvay

(c) A tie between or among the highest ranking sangguniang panlungsod members shall
be resolved by drawing of lots.

(d) ‘The successors, as defined hercin, shall serve only the unexpired terms of their
predecessors.

(e) For purposes of this Act, a permanent vacancy arises when an elective local
official fill ina higher vacant office, refuses to assume office, failsto qualify, dies, sremoved from
office, voluntarily resigns or 1s otherwise permanently incapacitated to discharge the
functions of the office.

(1) For purposes of succession as provided in this Act, ranking in the Sangeunian shall be
determined on the basis of the proportion of votes obtained by each winning candidate
to the total number of registered voters in the City in the immediately preceding local election.

SECTION 25. Permanent Vacancies in the Sangguniang Panlungsod - Permanent
vacancies in the Sangguniang Panlungsod where automatic succession as provided above does
not apply shall be filled by appointments in the following manner.

(1) The provincial governor shall make the aforesaid appointments,

(2) Only the nominee of the political party under which the Sanggunian member
concerned had been clected and whose elevation to the position next higher in
rank created the last vacancy in the Sanguunian shall be appointed in the
manner provided herein. The appointee shall come from the political party
asthat ofthe Sanggunian member who caused the vacancy and shall serve
the unexpired term of the vacant office.

In the appointment herein mentioned, a nomination and a certificate of membership of the
appointee from the highest official of the political party concerned are conditions sime quar
non, and any appointment without such nomination and certification shall be null and void
ab initio and shall be a ground for administrative action against the official responsible
therefore,

(3) In case the permanent vacancy is caused by a Sungetinan member who docs
not belong to any political party. the City Mayor shall, upon recommendation
of the Sangguniang Panhungsod. appoint a qualified person to fillthe vacaney:
and

(4) In case of vacaney in the representation of the youth and the barangay in the
Sangguniang Panlungsod, said vacancy shall be filled automatically by the
official next inrank of the organization concerned


SECTION 26, Temporary Vacancy In the Office of the City Mayor- (a) When the
City Mayor is temporarily incapacitated to perform the duties for physical or legal reasons such
as leave of absence, travel abroad and suspension from office, the City Vice Mayor or the
highest ranking Sangguniany Panlungsod member, shall automatically exercise the powers
and perform the duties and functions of the City Mayor, except the power to appoint,
suspend or dismiss employees which can only be exercised if the period of temporary
incapacity exceeds thirty (30) working days

{b) Said temporary incapacity shall terminate upon submission to the Sangguniang
Panlungsod of a written declaration by the City Mayor of having reported back to office. In
case where the temporary incapacity is due to legal cause, the City Mayor shall also submit
the necessary documents showing that said legal cause no longer exists,

(c) When traveling within the country but outside the territorial jurtsdiction of the
City tor a period not exceeding three (3) consecutive days, the City Mayor may designate in
writing the officer-in-charge of the office Such authorization shall specify the powers and
functions that the local official concerned shall exercise in the absence of the City Mayor
except the power to appoint, suspend or dismiss employees

(4) If the City Mayor fails or refiuses to issue such authorization, the City Vice Mayor

or
the highest ranking Sangtonieng Paslungsexd member, as the case maybe, shall have the nght to
assume the powers, duties and functions of the said office on the fourth (4th) day of absence of
the City Mayor, subject to the limitations provided in subsection (c) hereof,

(e) Except as provided above, the City Mayor shall, in no case, authorize any local official
to assume the powers, duties and functions of the office, other than the City Vice Mayor or the
highest ranking Sangumiang /anlinzsod member, as the case may be.

ARTICLE VIE
THE APPOINTIVE OFFICIALS OF THE CITY:
THEIR QUALIFICATIONS, POWERS AND DUTIES

SECTION 27. The Secretary to the Sangguniang Pantungsod - (a) There shall be a
secretary of the Sangguniang Panlunysod who shall be a career official with the rank and salary
equal to ahead of a departmem or office,

(b) The Secretary to the Sangguniang Panlungsod must be a citizen of the Philippines,
aresident of the City of Nabunturan, of good moral character, a holder of a college degree
preferably in law, commerce, or public administration from a recognized college or university,
and a first-grade civil service cligible or its equivalent.

{c) The secretary to the Sangguniang Panlungsod shall take charge of the office of the
Sunggumang Pantungsod, and shall

(1) Attend mectings of the Sangguniang Pantungsod and keep a journal of its
proceedings;

(2) Keep the seal of the City and affix it with signature to all ordinances,
resolutions, and other official acts of the Sunggrwrang Panlungsod and present
the same for the signature of the presiding officer,

(3) Forward to the City Mayor, for approval, copies of ordinances enacted by the
Sangguniang Panlungsod duly certified by the presiding officer, in the
manner provided in Section S4 of the Local Gavernment Code of 1991, as amended:


(4) Forward to the Sangguniang Panlalawigan copies of duly approved ordinances
in the manner provided in Sections 56 and 57 of the Local Government Code of
1991, as amended;

(5) Furnish, upon the request of any interested party, certified copies of records
of public character in custody, upon payment to the City Treasurer of such fees as
may be prescribed by ordinance:

(6) Record in a book kept for the purpose, all ordinances and resolutions enacted
or adopted by the Sangguniang Panlungsod, with the dates of passage
and

publication thereof,

(7) Keep the office and all non-confidential records therein open to the public
during usual business hours,

(8) Translate [nto the dialect used by the majority of the inhabitants all ordinances:

and resolutions immediately after their approval and cause the publication of the
same together with the original version in the manner provided underthe Local
Government — Code of 1991, as amended;

(9) Take custody of the local archives and where applicable, the local library.and
annually account for the same: and

(10) Perform other duties and functions and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those
that are prescribed by law or ordinance

SECTION 28, The City Treasurer - (a) The City Treasurer shall be appointed by the
Secretary of the Department of Finance (DOF) from a list of at least three (3) ranking eligible
recommendee of the City Mayor, subject to the civil service law, rules and regulations.

(b) The city treasurer shall be under the administrative supervision of the City Mayor,
to whom he shall report regularly on the tax collection efforts of the City.

(c) The City Treasurer must be a citizen of the Philippines, a resident of the City of
Nabunturan, of good moral character, a holder of a college degree in commerce. public
administration or law from a recognized college or university, @ first-grade civil service
eligible or Its equivalent and must have acquired for at least five (3) years” experience in treasury
or accounting service.

(d) The city treasurer shall receive such compensation, emoluments and allowances as
may be determined by law

(c) The city treasurer shall take charge of the City Finance Department, and shall:

(1) Advise the City Mayor, the Sangguniang Vantungsod and other local
government and national officials concerned regarding the disposition of
local government funds and on such other matters telative to public finance:

(2) Take custody and exercise proper management of the funds of the City:

(3) Take charge of the disbursement of all funds of the City and such other funds
the custody of which may be entrusted to the City Treasurer by law or other
competent authority,



(4) inspect private commercial and industrial establishments within
the jurisdiction of the City In relation to the implementation of tax ordinances
pursuant to the provisions of the Local Government Code of 1991. as
amended;

(5) Maintain and update the tax information system of the City: and

(6) Perform other duties and functions, and exercise such other powers as
provided under the Local Government Code of 199], as amended, and those
that are prescribed by law or ordinance.

SECTION 29. The City Assessor - (a) The city assessor must be a citizen of the
Philippines. a resident of the City of Nabunturan, of good moral character, a holder of a college
degree preferably in civil or mechanical engineering, commerce, or any other related course from
a recognized college or —_ university, a first-grade civil service eligible or its equivalent and
must have acquired at least five (5) years’ experience in real property assessment work or
in any related field immediately preceding the date of the appointment

(b) The city assessor shall receive such compensation, emoluments and allowances
as may be determined by law.

{c) The city assessor shall take charge of the City Assessor's Department, and shall

(1) Ensure that all laws and policies governing the appraisal and assessment
of real properties for taxation purposes are properly executed:

(2) Initiate, review and recommend changes in policies and objectives, plans
and programs, techniques. procedures and practices in the valuation
and assessment of real properties for taxation purposes.

(3) Establish a systematic method of real property assessment,

(4) Install and maintain real property identification and accounting systems:
(5) Prepare. install and maintIn a system of tax mapping. showing
graphically al] properties subject to assessment and yather all data
concerning the same.

(6) Conduct frequent physical surveys to verify and determine whether all
real properties within the City are properly listed in the assessment rolls,
(7) Exercise the functions of appraisal and assessment primarily for
taxation purposes of all real properties in the City:

(8) Prepare a schedule of the fair market value of the different classes of
real properties in accordance with the provisions of the Local Government
Code of 1991, as amended:

(9) Issue. upon request of any interested party, certified copies of
assessment records of real properties and all other records relative to its
assessment, upon payment of a service charge or fee to the City Treasurer,
(10) Submit every semester a report of all assessments, as well as cancellations
and modification of assessments to the City Mayor and the Sungguniany
Pantunysoel:

(11) Attend personally or through an authorized representative all sessions of
the Local Board of Assessment Appeals whenever the assessment is subject of
the appeal. and present or submit any information or record in the
possession as may be required by the Board; and (12) Perform such other
duties and functions, and exer such other powers as provided under the
Local Government Code of 1991, as amended, and those that are prescribed

by law or ordinance.

SECTION 30, The City Accountant- (a) The city accountant must be a citizen of the
Philippines, a resident of the City of Nabunturan, of good moral character, a certified public
accountant and must have acquired at least five (5) years’ experience in the treasury or
accounting service immediately preceding the date of the appointment


(b) The city accountant shall receive such compensation, emoluments and allowances
‘as may be determined by law.

(c) The city accountant shall take charge of both the office of the accounting and
internal audit services of the City, and shall

(1) Install and maintain an internal audit system in the City.
(2) Prepare and submit financial statement to the city mayor and to the
Sangguniang Panlungsod:
(3) Appraise the Sangguniang Panlungsod and other officials on the financial
conditions and operation of the City.
(4) Certify the availability of budgetary allotment to which expenditures and
obtigations may be properly charged;
(5) Review supporting documents before the preparation of vouchers to
deterinine the completeness of requirements.
(6) Prepare statements of cash advances, liquidations, salaries, allowances,
reimbursements and remittances pertaining to the City:
(7) Prepare statements ofjournal vouchers and liquidation of thesame andother
adjustments related thereto;
(8) Post individual disbursements to the subsidiary ledger and index cards:
(9) Maintain individual ledgers for officials and employees of the City pertaining
to payrolls and deductions:
(10) Record and post in index cards details of purchased furniture, fixtures and
‘equipment, including disposal thereof, if
(11) Account for all issued requests for obli
records and reponss related thereto:
(12) Prepare journals and the analysts of obligations and maintain and. keep all
records and reports related thereto; and
(13) Perform such other duties and functions, and exercise such other powers as
provided under the Local Goverment Code of 1991, as amended, and those
that are prescribed by law or ordinance,

ions and maintain and keep all

SECTION 31. The City Budget Officer - (aj The city budget officer must be a citizen
of the Philippines. a resident of the City of Nabunturan, of good moral character, a holder of a college
degree preferably in accounting, economics, public administration, or any related course from
arecognized college or university, a first-grade civil service eligible or its equivalent. and must have
acquired at least five (5) years’ experience in government budgeting or in any related field
immediately preceding the date of appointment.

(b) The City Budget Officer shall receive such compensation, emoluments and allowances:
as may be determined by law.

ic) The City Budget Officer shall take charge of the City Budget Deparment, and shall.

(1) Prepare forms. orders and circulars embodying instructions on
budgetary and appropriation matters for the signature of the City

Mayor;
(2) Review and consolidate the budget proposals of the different
department and offices of the City:

(3) Assist the City Mayor in the preparation of the annual budget and
during and after budget hearings;

(4) Study and evaluate budgetary implications of proposed legislation and
submit comments and recommendations thereon:

(5) Submit periodic budgetary reports to the Department of Budget
and Management (DBM),

(6) Coordinate with the City Treasurer, the City Accountant and the City
Planning and Development Officer for the purpose of budgeting:



(7) Assist the Sungguniume Pantungsod in reviewing the approved
budgets of component barangays:

(8) Coordinate with the City Planning and Development Officer in the
formulation of the development plan of the City, and

(9) Perform such other duties and functions, and exercise such other
powers as provided under the Local Government Code of 1991, as
amended, and those that are prescribed by law or ordinance

SECTION 32. The City Planning and Development Officer - (a) The city planning
and development officer must be a citizen of the Philippines, a resident of the City of Nabunturan,
‘of good moral character, a holder of a college degree preferably in urban planning, development
‘Studies, economics, public administration, or in any related course from a recognized college or
university, a first-grade civil service eligible or its equivalent, and must have acquired at least five
(5) years experience in development planning or in any related field immediately preceding the
date of the appointment.

(b) The City Planning and Development Officer shall receive such compensation,
emoluments and allowances as may be determined by Iaw:

(c) The City Planning and Development Officer shall take charge of the City Planning and
Development Coordinating Office, and shall:

(1) Formulate integrated economic, social phy sical and other development plans and
policies for consideration of the City;

(2) Conduct continuing studies, researches and training program necessary to evolve
plans and policies for consideration of the City:

(3) Integrate and coordinate all sectoral plans and studies undertaken by the different
functional groups or agencies:

(4) Monitor and evaluate the implementation of the different development
Programs, projects and activities in the City in accordance with the approved
development plan,

(5) Prepare comprehensive plans and other development planning documents for
consideration of the local development council,

(6) Analyze the income and expenditure patters, and formulate and recommend fiscal
plans and policies for consideration of the finance committee of the City as
provided under the Local Government Code of 1991:

(7) Promote people’s participation in development planning within the City:

(8) Exercise supervision and control over the secretariat of the Local Development
Council; and

(9) Perform such other function and duties and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those

SECTION 33. The City Engineer - (a) The city engineer must be 2 citizen of the Philippines,
aresident of the City of Nabunturan, of good moral character, a licensed civil engineer and must
have acquired at least five ($) years experience in the practice of profession.

(b) The city engineer shall receive such compensation, emoluments and allowances as
may be determined by Inv.
(c) The city engincer shall take charge of the City Engineering Office, and shall:
(1) Initiate, review and recommend changes in policies and objectives, plans

and programs. techniques, procedures and practices. —in
infrastructure development and public works in general of the City,


2)

GQ)

fod)

(3)

Advise the city mayor on infrastructure, public works and other
engineering matters;

Administer, coordinate, supervise and contro! the construction,
maintenance, improvement and repair of roads, bridges, other engineering
and public works projects of the City,

Provide engineering services to the City. including investigation and
survey, engineering designs, feasibility studies and project management;
and

Perform such other duties and functions, and exercise such other powers:
as provided for under the Local Government Code of 1991, as
amended, and those that are prescribed by law or ordinance.

SECTION 34. The City Health Officer - {a) The City Health Officer must be a citizen
of the Philippines, a resident of the City of Nabunturan, of good moral character, a licensed
medical practitioner, and must have acquired at least five (5) years experience in the

Practice of profession,

(b) The City Health Officer shall receive such compensation, emoluments and allowances
as may be determined by law

(c) The city bealth officer shall take charge of the Office of the City Health Services,

and shall:

(vy

(4)

Supervise the personnel and staff of the said office, formulate
program implementation guidelines and rules and regulations for the
‘operation of the said office for the approval of the city mayor in order
to assist him in the efficient, effective and economical implementation
of health service program veared to implement health-related projects
and activities;

Formulate measures for the consideration of the Sunyguniie
Pantungsod und provide technical assistance and support to the:
mayor in cartying out activities to ensure the delivery of basic services
and provision of adequate facilities relative to health services
provided under Section 17 of the Local Government Code of 1991. as
amended,

Develop plans and stratevies, and upon approval thereof by the City
Mayor, implement these with the health programs and projects which the

City Mayor is empowered to implement and which the Sungewany
Pantungscal is empowered to provide under the Local Government
Code of 1991, as amended:

Inaddition to the foregoing dutics and functions, the city health officer shall:

a) Formulate and implement policies, and plans and projects to
promote the health of the people in the City; '

(ii) Advise the City Mayor and the Sangguniang Panglungsod on
matters pertaining to health,

(iti) Execute and enforce all laws, ordinances and regulations relating to
public health;

(iv) Recommend to the Sangguniang Panlungsod through the Local
Health Board the passage of such ordinances necessary for the
preservation of public health:

(v) Recommend the prosecution of any violation of sanitary laws,
ordinances or regulations,

(vt) Direct the sanitary inspection of all business establishments selling
food items or providing accommodation such as hotels, motels
lodging houses, and pension houses, in accordance with the
Sanitation Code:

(vii) Conduct health information campaigns and render
health intelligence services:

(viii) Coordinate with other government agencies and non-
governmental organizations involved in the promotion and
delivery of health services


(ix) Be in the frontline of the delivery of health services,
particularly during and in the aftermath of man-made and natural
disasters and calamities. and

(5) Perform such other duties and functions, and exercise such other powers as
provided under the Local Government Code of 1991, and those that are
prescribed by law or ordinance.

SECTION 35, The City Civil Registrar - (a) The city civil registrar must be a citizen
of the Philippines, a resident of the City of Nabunturan, of good moral character, a holder of a
college degree from a recognized college or university, a first-grade civil service eligible or its
equivalent and must have acquired at least tive (5) years experience in civil registry work

(b) The city civil registrar shall receive such compensation, emoluments and allowances
as may be determined by law

{c) The city civil registrar shall be responsible for the civil registration program in the
City of Nabunturan, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws,
rules and regulations issued to implement them.

{d) The city civil registrar shall take charge of the office of the city civil registry, and
shail

(1) Devetop plans and strategies, and upon approval thereof by the city mayor.
implement the same, particularly those which have todo with the
management and administration-related programs and projects which the
City Mayor is empowered to implement and which the Sungeunlang
Panlungsod is empowered to provide under the Local Government Code of
1991. as amended:

ion to the foregoing duties and functions, the City Civil Registrar

(i) Accept all registrable documents and judicial decrees affecting the civil

status of persons:

(ii) File, keep and preserve in a secure place the books required by law.

(ili) Transcribe and enter immediately upon receipt all
registrable documents and judicial decrees affecting the civil status of persons
in the appropriate civil registry books.

(iy) Transmit to the Office of the Civil Registrar-General, within the
prescribed period, duplicate copies of registered documents required

by law:

{v) Issue certified transcripts or copies of any certificate or registered
documents upon payment of the required fees to the cit
{vi) Receive applications for the issuance of a marriage license and, after
determining that the requirements and supporting certificates and publication
thereof for the prescribed period have been complied with, issue the license
upon payment of the authorized fee to the City Treasurer: and

(vii) Coordinate with the Philippine Statistics Authority (PSA) in conducting
educational campaigns for vital registration and assist in the preparation
of demographic and other statistics for the City of Nabunturan

(3) Perform such other duties and functions, and exercise such other powers as
provided under the Local Government Code of 1991. as amended. and those
that are prescribed by law or ordinance.


SECTION 36. The City Administrator - (a) The city administrator must be a citizen of
the Philippines, a resident of the City of Nabunturan, of good moral character, a holder of a college
degree preferably in public administration, law, orany other related course froma recognized college
Or university. a first grade civil service eligible or its equivalent, and must have acquired at least five
(5) years” experience in management and administrative work

(b} The term of the city administrator is coterminous with that of the: appointing authority

(c) The City Administrator shall receive such compensations, emoluments and allowances as
may be determined by law.

(d) The city administrator shall take charge of the City Administrator's Office, and shall:

(1) Develop plans and strategies and upon approval thereof by the City Mayor,
implement the same, particularly those which have 10 do with the
management and administration-related programs and projects which the City
Mayor is empowered to implement and which the Sangguniang Punlungrend is
empowered to provide under the Local Government Code of 1991, as amended,

(2) Assist in the coordination of the work of all the officials of the City under the

supervision, direct ion and control of the City Mayor, and forthis purpose, may
convene the chiefs of offices and other officials ofthe focal government unit,

(3) Establish and maintain a sound personnel program for the LGU designed to
promote career development and uphold the merit principle in the local
government service:

(4) Conduct a continuing organizational development of the City with the end in
view of instituting effective administrative reforms

{5) Be in the frontline of the delivery of administrative support services,
particularly those related to situations during and in the aftermath of man-
made and natural disasters or calamities:

(6) Recommend to the Sumggnmiamy Puntungsid and advise the City Mayor on all
‘matters relative to the management and administration of the City; and

(7) Perform such other duties and functions. and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those
that are prescribed by law or ordinance

SECTION 37. The City Legal Officer - (a) The city legal officer must be a citizen
of the Philippines, a resident of the City of Calaca, of good moral character, a member of the
Philippine Bar, and must have practiced the profession for at least five (5) years

(b) The term of the city legal officer shall be coterminous with that of the appointing
authority

(c) The city legal officer shall receive such compensation, emoluments and allowances as
may be determined by law.

(d) The city legal officer, the chief legal counsel of the City, shall take charge of the Office
of the City Leval Service, and shall:

(1) Formulate measures for the consideration of the Sungguniang Maniugsod and
provide legal assistance and support to the City Mayor in carrying out the delivery
of basic services and provisions of adequate facilities;

(2) Development plans and strategies, and upon approval thereof by the City Mayor,
Implement the same, particularly those which have to do with programs and projects
related to legal services which the City Mayor is empowered to implement and which the
Sangyuniang Panlungsod is empowered provide.


(3) Represent the city in all civil actions and special proceedings wherein the local
government unit or any official thereof, in official capacity, is a pany: Provided, That,
in actions or proceedings where the City Nabunturan is a party adverse to the provincial
government or to another component city or municipality, a special legal officer may be
represent the adverse party,

(4) When required by the City Mayor or Sumggunian, drafi ordinances, contracts,
bonds. leases and other Instruments Involving any interest of the City and
Provide comments and recommendations on any instruments already drawn;

(5) Render an opinion in writing on any question of law when requested to do so
by the City Mayor or Sunguwnian;

(6) Investigate or cause to be investigated any local official or employee for
administrative neglect or misconduct in office. and recommend
the appropriate action to the City Mayor or Sungewnian, asthe case may be,

(7) Investigate ot cause to be investigated any person, firm orcorporation holding
any franchise of exercising any public privilege for failure to comply with any
term or condition in the grant of such franchise or privilege, and
recommending appropriate action to the City Mayor or Sangguntun, as the
case may be;

(8) When directed by the City Mayor or Sanggunian, initiate and prosecute, in the
interest of the City, any civil action on any bond, lease or other contract ‘upon ny
breach or violation thereof:

(9) Review and submit recommendations on ordinances approved and executive
orders issued by component units:

(10) Recommend measures 10 the Senyguniung anlurgsact and advise the City
Mayor on all matters related to upholding the rule of law:

(11) Bein the frontline of protecting human rights and prosecuting any violations
thereof, particularly those which occur during and in the aftermath of man- made
and natural disasters or calamities: and

(12) Perform such other duties and functions, and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance

SECTION 38, The City Social Welfare and Development Officer - (a) The city
ial welfare and development officer must be a citizen of the Philippines, a resident of the
of Nabunturan, of good moral character, aduly licensed soctal worker or a holder ofa college

Ci
degree preferably in social work, sociology, or any other related course from a recognized college or
universtty, a first grade civil service cligible or its equivalent, and must have acquired at least
five (S) years experience in the practice of social work immediately preceding the date of
Appointment

{b} The city social welfare and development officer shall receive such compensation,
emoluments and allowances as may be detennined by law

(c) The City Social Welfare and Development Officer shall take charge of the Office of
Social Welfare and Development, and shall:

(1) Formulate measures for the approval of the Sangguniang Pantungsod and
Provide technical assistance and support to the City Mayor in carrying out
measures to ensure delivery of basie services and provision of adequate
facilities relative to social welfare and development services,


(2) Develop plans and strategies, and upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with social welfare

is programs and projects which the City Mayor isempowered to implement and
Which the Sumguinriany Pantunsvod is empowered to. provide;

(3). Identify the basic needs of the needy, the disadvantaged and impoverished
and develop and implement appropriate measures to alleviate their problems
and improve their living conditions;

(4) Provide relief and appropriate crisis intervention for victims of abuse and
exploitation and recommend appropriate measures to deter further abuse
and exploitations,

(5) Assist the City Mayor in implementing the barangay level Program for the
total development and protection of children up to six (6) years of age:

(6) Facilitate the implementation of welfare programs for the disabled, elderly
and victims of drug addiction, the rehabilitation of prisoners and parolees,

the prevention of juvenile delinquency and such other activities which would
eliminate and minimize the itl-effects of poverty:

(7) Initiate and support youth welfare program that will enhance the role of
youth in nation-building.

(8) Coordinate with government agencies and non-governmental organizations:
Whose purpose is the promotion and the protection of all the: needy,
disadvantaged, underprivileged or impoverished groups or individuals,
particularly those identified to be vulnerable and high risk t exploitation,
abuse and neglect;

(9) Be in the frontline of the delivery of services particularly those concerned with
immediate relief and assistance during and in the aftermath of man-made and natural
disasters and calamities,

(10) Recommend to the Sangguniang Pantungsod and advise the City Mayor on
all other matters related to social welfare and development services that will
improve the livelihood and living conditions of the City's inhabitants, and

(11) Perform such other duties and functions, and exercise such other powers as
provided under the Local Government Code of 1991, as amended. and those
that are prescribed by law or ordinance.

SECTION 39. The City Veterinarian - (a) The city veterinarian must be a citizen
of the Philippines, a resident of the City of Nabunturan, of good moral character, a licensed
doctor of veterinary medicine and must have practiced the profession for at least three (3) years,

(b) The city veterinarian shall receive such compensation, emoluments and allowances as

may be determined by law.

(ce) The city veterinarian shall take charge of the Office of the Veterinary Services, and
shall.
(1) Formulate measures for the consideration of the Sunggumang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures 10 ensure the delivery of basic services and provision of adequate
facilities.


{2) Development plans and strategies. and upon approval thereof by the City
Mayor, implement the same, particularly those which have to do with veterinary-
related activities which the City Mayor is empowered to implement and which
the Sangguniang Panlungsod is empowered to provide:

(3) Advise the City Mayor or all matters pertaining to the slaughter of animals
for human consumption and the regulation of slaughterhouses.

(4) Regulate the keeping of domestic animals:

(3) Regulate and inspect poultry, milk and dairy products for public
consumption:

(6) Enforce all laws and regulations for the prevention of cruelty to animals;

(7) Take the necessary measures to eradicate, prevent or cure all forms of animals.
discases,

(8) Be in the frontline of veterinary-related activities, such as the outbreak
of highly contagious and deadly diseases and in situations resulting in

the depletion of animals for work and for human consumption, particularly
those arising from and in the aftermath of man-made and natural disasters
or calamities:

(9} Recommend to the Sangguniang Panlungsod and advise the city mayor
onail matters relative to veterinary services which will increase the
number and improve the quality of livestock, poulicy and other domestic
animals used for work or human consumption, and

(10) Perform such other duties and functions, and exercise such other
powers as provided under the Local Government Code of 1991, as
amended, and those that are prescribed by law or ordinance.

SECTION 40. The City General Services Officer-(a) The city general services officer
must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a
holder ofa college degree in public administration, business administration or management
from arecognized college or university, a first grade civil scrvice eligible or its equivalent and
must have acquired at least five (5) years experience in general services, including management
of supply, including the management of supply, property, solid waste disposal and general
sanitation,

(b) The city general services officer shall receive such compensation, emoluments and
allowances as may be determined by law

(c) Thecity general services officer shall take charge of the Office of the General Services,
and shall:

(1)Formulate measures for the consideration of the Sengeumang
Pantunysod and provide technical assistance and support to the City Mayor in
carrying out measures to ensure the delivery of basic services and provision
of adequate facilities that require general services expertise in technical
Support services;

(2) Develop plans and strategies, and upon approval thereof by the City
Mayor, implement the same, particularly those which have to do with the
general services that are supportive of the welfare of the inhabitants of the
City which the City Mayor is empowered to implement and which the
Sangguniang Panlungsod is empowered to provide,



(3) Take custody of andbe accountable for all properties, real or personal,
owned by the City, and those granted to it in the form of donation,
reparation, assistance and counterpart of joint projects:

(4) With the approval of the City Mayor, assign building or land space to
local officials or other public officials, who by law, are entitled to the space:

(5) Recommend to the City Mayor the reasonable rental rates for
local government properties, whether real or personal, which will be
leased to public or private entities by the local government;

(6) Recommend to the City Mayor reasonable rental rates of private
properties which may be leased for the official use of the City:

(7) Maintain and supervise janitorial, security, landscaping and other related
services in all local government public buildings and other real property,
whether owned or leased by the local government unit,

(8) Collate and disseminate Information regarding prices. shipping and other
costs of supplies and other items commonly used by the local government
unit:

(9) Perform archival and record management with respect to records of offices
and departments of the local government unit,

(10) Perform all other functions pertaining to supply and property
management heretofore performed by the local government treasurer and
enforce policies on records creation, maintenance and disposal:

(11) Be In the frontline of general services-related activities, such as the
possible and imminent destruction or damage to records, supplies,
properties, and structure materials or debris, particularly during and in the
aftermath of man- made and natural disasters and calamities;

(12) Recommend to the Sangguniang Panlungsod and advise the City Mayor
on all matters relative to general services; and

(13) Perform such other duties and functions, and exercise such other powers
as provided under the Local Government Code of 1991, as amended, and
those that are prescribed by law or ordinance,

SECTION 41, The City Environmem and Natural Resources Officer — (a) The City
environment and natural resourees officer must be a citizen of the Philippines, a resident of the
City of Nabunturan of good moral character, a holder of a college degree preferably in
environment, forestry, agriculture or any other related course from a recognized college or
university, a first grade civil service eligible or [1s equivalent and must have acquired at least
five (5) years experience in the environment and natural resources management, conservation
and utilization work

(b) The city environment and natural resources officer shall receive such compensation,
emoluments and allowances as may be determined by law

(c) The city environment and natural resources officer shall take charge of the Office
of the Environment Service Department, and shall


(1) Formulate measures for the consideration of the Sangguniang Panlungsiad
and provide assistance and support to the City Mayor in carrying out
measures 10 ensure the delivery of basic services and provision of adequate
facilities relative to environment and natural resources services as provided
under Section 17 of the Local Government Code of 1991, as amended:

(2) Develop plans and strategies, and upon approval thereof by the City Mayor.
implement the same, particularly those which have to do with environment
and natural resources programs and projects which the City Mayor is
empowered to implement and which the Sungguntang Panlungsod is
empowered to provide:

(3) Establish, maintain, protect and preserve communal forests, watersheds, ree
Parks, mangroves, greenbelts, commercial forests and similar forest projects
like industrial tree farms and agro-forestry projects,

(4) Provide extension services to beneficiaries of forest development projects
and technical. financial and infrastructure assistance;

(3) Manage and maintain seed banks and produce seedlings for forest and tree

(6) Provide extenston services to beneficiaries of forest development projects
and render assistance for’ natural resources-related conservation and
utilization activities consistent with ecological balance:

(7) Coordinate with goverment agencies and nongovernmental organizations in
the implementation of measures 10 prevent and control land, air and water
pollution with the assistance of the Department of Environment and Natural
Resources {DENR ):

(8) Be in the frontline of the delivery of services concerning the environment and
hatural resources, particularly in the renewal and rehabilitation of the
environment during and in the aftermath of man-made and natural disasters

and calamities,

(9) Recommend measures 10 the Sungeuniang Parlungsod and advise the City
Mayor on all matters relative to the protection. conservation, maximum
utilization, application of appropriate technology and other matters related

to the environment and natural resources; and

(1D) Pertorm such other duties and functions, and exercise such other powers as
provided under the local Government Code of 1991, as amended, and those
that are prescribed by law or ordinance.

SECTION 42. The City Architect- (a) The city architect must be a citizen of the
Philippines, atesident of the City of Nabunturan, of good moral character, a duly licensed architect
and must have practiced the profession for at least five (5) years.

(b) The city architect shall receive such compensation, emoluments and allowances as may
be determined by lav

(c) The city architect shall take charge of the Office of the Architectural Planning and
Design, and shall:


(1) Formulate measures for the consideration of the Sungeuniung Pantungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and provision of adequate
facilities relative to architectural planning and design:

(2) Develop plans al 1d strategies, and upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with architectural
planning and design programs and projects which the City Mayor is
empowered to Implement and which the Sungguniang Panlungsod Is
empowered to provide,

(3) Prepare and recommend for consideration of the Sangguniang Pantungsod
the architectural plan and, design for the local government unit or a part
thereof, including the renewal of slums and blighted areas, land reclamation
activities, the greening of land, and appropriate planning of marine and
foreshore areas;

(4) Review and recommend for appropriate action of the Sanexunlan Pantungsent
‘or Cily Mayor, as the case maybe, the architectural plans and design
submitted by governmental and nongovernmental entities or individuals,
particularly those for undeveloped, underdeveloped and poorly designed
areas;

(5) Coordinate with government and non-government entities and individuals
involved in the aesthetics and the maximum utilization of the land and water
within the jurisdiction of the local government unit, to implement plans and
programs that shall preserve environmental integrity and ecological balance.

(6) Be in the frontline of the delivery of services involving architectural planning
and design, particularly those related to the redesigning of spatial distribution

of basic facilities and physical structures during and in the aftermath of man-
made and natural disasters or calamities;

(7) Recommend to the Sungguniang anlunused and advise the City Mayor onal
matters relative to architectural planning and design as it relates to the total
socio-economic development of the City:

(8) Perform such other duties and functions, and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those
that are prescribed by law or ordinance.

SECTION 43. The City Information Officer- (a) Uhe city information officer must be 2
citizen of the Philippines, a resident of the City of Nabunturan, of yood moral character, a holder of
a college degree preferably in journalism, mass communications, of any related course from a
recognized college or university. a first grade civil service eligible or its equivalent and must
have at least three (3) yearsexperience in-writing articles and research papers, or writing for print,
television or broadcast media

(b) The city information officer shall receive. such compensation, emoluments and
allowances as may be determined by law.

(c) The term of the city information officer shall be coterminous with that of
the
appointing authority,

(d) The city Information officer shall take charge of the Office of the City Information and
Community Relations DeJI8rment, and shall:


(1) Formulate measures for the consideration of the Sangguniang Panlungsod and
provide technical assistance and support to the City Mayor in providing the
information and research date required for the delivery of basic services and
provision of adequate facilities so that the public becomes aware of said services
and may fully avail of the same:

(2) Develop plans and strategies, and upon approval thereof by the City Mayor.
implement the same, particularly those which have to do with public
information and research data to support programs and Projects which the City
Mayor is empowered to implement and which the Sungeuniang
Pantungsexd is empowered to provide;

(3) Provide relevant, adequate and timely information to the local
government unit and its residents;

(4) Furnish information and data on the local government agencies or
offices as may be required by law or ordinance: and non-governmental
‘organizations to be furnished 10 said agencies and organizations,

(5) Maintain effective liaison with the various sectors of the
community on maiters and issues that affect the livelihood and the quality of
life of the City’s inhabitants and encourage support for programs of the local
and national government

(6) Be in the frontline in providing information during and in the
aftermath of man-made and natural calamities and disasters or calamities,
with special attention to the victims thereof, to help minimize Injuries
and casualties during and after the emergency, and to accelerate relief and
rehabilitation;

(7) Recommend to the Sanggnniang Panlungsod and advise the City
Mayor onall matters relative to public information and research data as [1
relates to the total sociaeconomic development of the City; and

(8) Perform such other duties and functions, and exercise such other
powers as provided under the local Government Code of 1991, as amended,
and those that are prescribed by law or ordinance.

SECTION 44. The City Cooperatives Officer-(a) The city cooperatives officer must
beacitizen of the Philippines, a resident of the City of Nabunturan, of good moral character, a
holder of a college degree preferably in business administration with special training on
cooperatives or any related course from a recognized college or university, a first-grade civil
service eligible or its equivalent and must have at least five (5) yeurs experience on cooperatives
development. organization and management,

(b) The city cooperatives officer shall receive such compensation, emoluments and
allowances as may be determined by law

(c) The city cooperatives officer shall take charge of the Oifice for the Development
of Cooperatives, and shall

(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and the provision of facilities
through the development of cooperatives, and in providing access to such
services and facilities:


(2) Develop plans and strategies, and upon approval thercof by the City Mayor,
implement the same, particularly those which have to do with the integrationof.
cooperatives principles and methods in programs which the City Mayor is
empowered to Implement and which the Saunggumang Panlungsod is
empowered to provide,

(3) Assist in the organization of cooperatives;

(4) Provide technical and other forms of assistance to existing cooperatives 10
enhance their viability as an economic enterprise and social organization:

(5) Assist cooperatives In establishing linkages with government agencies and
hongovernment organizations involved in the promotion and Integration of the
concept of cooperatives in the livelihood of the people and other
community activities

(6) Be in the frontline of cooperative organization, rehabilitation or
viability-enhancement, particularly during and in the aftermath of man-made
and natural calamities or disasters, to aid in their survival and, if necessary.
subsequent rehabilitation,

(7) Recommend to the Sunggimung Panhungsud and advise the City Mayor on

all other matters relative to cooperatives development and viability
enhancement which will improve the livelihood and quality of fife of the
inhabitants: and

(8) Perform such other duties and functions, and exercise such other powers as.
provided under the Local Government Code of 1991, as amended, and those that
are prescribed by law or ordinance

SECTION 45, The City Population Officer — (a) The city population officer must be
a.citizen of the Philippines, a resident of the City of Nabunturan, of good character, a holder of
a college degree preferably with specialized training in population development from a
recognized college or university, a first-grade civil service eligible or its equivalent and must
have at least five (5) years experience in the implementation of programs on population
development or responsible parenthood

(b) The city population officer shall receive such compensation, emoluments and
allowances as may be determined by law

{c) The city population officer shall take charge of the office on population development,
and shall:

(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying
Out measures to ensure the delivery of basic services and provision of
adequate facilities relative to the integration of the population development
principles and in providing access to said services and facilities:

(2) Develop plans and strategies, and upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with the integration
of population development principles and methods in program and projects
which the City Mayor is empowered to implement and which the

Sangguniang Panlungsod is empowered to provide: and

(3) Assist the City Mayor in the implementation of the constitutional
provisions relative to population development and the promotion of
responsible parenthood:


(4) Establish and maintain an updated data bank for Program operations,
development planning and an educational program to ensure then people’s
Participation in and understanding of population development;

(5) Impiement appropriate training programs responsive to the cultural hentage
of the inhabitants; and

(6) Perform such other duties and functions, and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those
that are prescribed by law or ordinance,

SECTION 46. The City Agriculturist - (a} ‘The city agriculturist must be a citizen
of the Philippines, a resident of the City of Nabunturan, of good moral character, a holder of a
college degree in agriculture or any other related course from a recognized college or
university, a first grade civil service cligible or its equivalent, and must have practiced the
profession in agriculture or acquired at least five (5) years experience In a related field,

(©) The city agriculturist shall receive such compensation, emoluments and allowances as
may be determined by law.

(c) The city ayriculturist shall take charge of the Office for Agricultural Services, and
shall

(1) Formulate measures for the approval of the Sangguniang Panlunssod and
provide technical assistance and support to the City Mayor in carrying out said
measures to ensure the delivery of basic services and provision of adequate
facilities relative to agricultural services,

{2} Develop plans and strategies, and upon approval thereof by the City
Mayor. Implement the same, particularly those which have to do with
agricultural programs and projects which the City Mayor is empowered
to implement and which the Samgguniang Pantmgsod is empowered t
provide;

(3) Inaddition to the foregoing duties and functions, the city agriculturist shall:

(i) Ensure that maximum assistance and access to resources in the
production, processing and marketing of agricultural and aquacultural
and marine products are extended to farmers, fishermen and local
entrepreneurs

(ii) Conduct or cause 10 be conducted location-specitic agricultural
researches and assist in making available the appropriate technology
arising out of and disseminating information on basic research on
crops prevention and control of plants and pests, and other
agricultural matters which will maximize productivity.

(iii) Assist the City Mayor in the establishment and extension services of
demonstration farms on aquaculture and marine products;

(iv) Enforce rules and regulations relating to agriculture and aquaculture
and

(vy) Coordinate with the government agencies and non-governmental
Organizations which promote agricultural productivity through applied
technology compatible with eavironmental integrity.

(4) Be in the frontline of the delivery of basic agricuttural services,
Particularly those needed for the survival of the City’s inhabitants during
‘and in the aftermath of man-made and natural disasters and calamities;



(5) Recommend to the Sunggunlang Panlungsod and advise the City
Mayor on all other matters related to agriculture and aquaculture
which will improve the livelihood and living conditions of the
inhabitants; and

(6) Perform such other duties and functions, and exercise such other powers
as provided under the Local Government Code of 1991, as amended, and
those that are prescribed by law or ordinance

SECTION 47. The Cir Business Permits and Licensing Officer- (aj The city business
Permits and licensing officer must be a citizen of the Philippines, a resident of the City of
Calaca, of good moral character. a holder of a college degree preferably in business
administration or in any related course from a recognized college or university, a first.
grade civil service eligible or its equivalent and must have at least five (5) years experience
in management.

(b) The city business permits and licensing officer shall receive such compensation
emoluments and allowances as may be determined by law:

(c) The city business permits and licensing officer shall take charge of the Business
Permits and Licensing Office, and shall:

(1) Supervise the conduct of spot’post inspection of all business
establishments, gaming and other entities requiring permits and licenses for
compliance with existing laws and ordinances:

(2) Review the application for permits and licenses and recommend. its
approval/disapproval to the City Mayor or his authorized representatives; and

(3) Exercise over-all supervision in the City Business Permits and Licensing office.

ARTICLE VIIL
THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE CITY SCHOOLS DIVISION
AND THE CITY PROSECUTION SERVICE

SECTION 48, The City Fire Station Service- (a) here shall be established In the City
at least one (1) fire station with adequate personnel, firefighting facilities and equipment,
subject to the standards, rules and regulations that may be promulgated by the Department of
the Interior and local Government (DILG)}. The City shall provide the necessary site of the station.

(b) The City Fire Station Service shall be headed by a city fire marshal whose qualifications
shall be as those provided under Republic Aet No. 9263, as amended, otherwise known
as the "Bureau of Fire Protection and Bureau of Jail Management and Penolozy
Professionalization Act of 2004,

(c) The City Fire Station shall be responsible for the provision of various emergency
services such as rescue and evacuation of injured people related to fire incidents and, in
general, fire prevention and suppression measures to secure the safety of life and
property of the citizenry

SECTION 49. The City Jail Service - (a) The DILG shall, at least five (5) months
from the commencement of the corporate existence of the city, establish and maintain a secured,
clean, adequately equipped and sanitary jail facilities for the custody and safekeeping of prisoners,
any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the
national penitentiary, or a violent mentally ill person who may endanger oneself or the safety of
others, as duly certified by the proper medical health officer, prior to the transfer of such person to a
‘mental institution.


{b} The City Jail Service shall be headed by a city jail warden whose qualifications
shall be as those provided for under Republic Act No. 9263, as amended. otherwise
known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004". The provincial jail warden shall assist in the immediate
rehabilitation of individuals or detention of prisoners. Great care must be exercised so that
human rights of these prisoners arc respected and protected, and their spiritual and physical
well-being are properly and promptly attended to.

SECTION 50, The City Schools Division - (a) The Department of Education (DepEd)
shall establish and maintain a city schools division of the City of Nabunturan whose area of
jurisdiction will cover all the school distriets within the City; and

(b) The eity school division shal! be headed by a City Schools Division Superintendent who
must possess the necessary qualifications required by the DepEd

SECTION 51. The City Prosecution Service- (a) The Department of Justice (DOJ)
shall, within two (2) months from the commencement of the corporate existence of the
city, establish and maintain a prosecution service. It shall be headed by a city prosecutor.
who shall be assisted by such number of assistant prosecutors as may he necessary, and
whose qualifications, manner of appointment, rank, salary and benefits shall be governed by
existing laws covering prosecutors in the DOJ. The City Prosecution Service shall be
organizationally part of the DOJ, and under the supervision and control of the Secretary of
the DOJ.

{b) The City Prosecutor shall handle the criminal prosecution in the municipal trial courts
in the City as well as in the regional trial courts for criminal cases originating in the
territory of the City, and shal! render to or for the City such services as are required by
law, ordinance or regulation of the DOJ

SECTION $2. Succession Clause -The City of Calaca shall succeed to all the assets,
properties, liabilities and obligations of the Municipality of Calaca,

SECTION 53. Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Davao de Oro - The qualified vote ¢ of the City of Nabunturan
shall be qualified to yoteand run for any elective position in the elections for provincial governor,
provincial vice gem, Sangguniang Panlalawigan members and other elective offices for the
Province of Davao de Oro.

SECTION 54, Jurisdiction of the Province of Davao de Oro - The City of
Nabunturan shall, unless otherwise provided by law, continue to be under the jurisdiction of the
Province of Nabunturan.

SECTION 55. Suspension of Increase In Rates of Local Taxes- No increase Inthe rates
of local taxes shall be imposed by the City within the period of five (S) years from [ts
acquisition of corporate existence.

SECTION 56. Legislative District- Until otherwise provided by law, the City of
Nabunturan shall continue to be a part of the Second Legislative District of the Province of
Davao de Oro.

SECTION 57. Applicability of Laws- The provisions of the Local Government Code of
1991, as amended. and such other laws as are applicable to component cities shall govern the
City of Nabunturan insofar as they are not inconsistent with the provisions of this Act

SECTION SS. Separability Clause - \f, for any reason or reasons, any partor provision
of this charter shall be held unconstitutional, invalid or inconsistent with the Local Government
Code of 1991, as amended. the other parts or provisions hereof which are not affected shall
‘continue to be in full force and effect


SECTION 59. Effectivity-Ihis Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation,

Approved