Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGTEENTH CONGRESS
First Regular Session

House Bill No._1574

Introduced by Hon. PABLO JOHN F. GARCIA

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Balamban in the Province of Cebu, into a
component city to be known as Balamban City.

The Municipality of Balamban that we know of today officially became a “pueblo” in
1878. An 1881 Spanish era document entitled “a La Errecion La Parroquia Del Pueblo
De Balamban, attests that the community was officially recognized as a town even

during Spanish colonial times. Its first administrator was Ciriaco Guiterrez, a Spanish
Captain.

The municipality is situated in the west coast of the Third Congressional District of Cebu
Province, around eighty kilometers from Cebu City. It is bounded in the north by the
town of Asturias; in the east by the town of Compostela and Cebu City, in the south by
Toledo City, and in the west by the Tafion Strait. It is politically subdivided into 28
barangays, six of which are now classified as urban areas namely: Brgys Aliwanay,
Biasong, Buanoy, Cambuhawe, Baliwagan and Santa Cruz-Santo Nino. It has an area
of three hundred thirty-seven (337) square kilometers — more than half of which is
Classified as alienable and disposable land which is distributed into residential,
commercial, industrial, agricultural and open spaces for public use. Almost forty-five
percent (44.51%) remains as timberland

Just a decade ago, Balamban was classified as a 4th class municipality. It did not take
long, however, for the town to take off and progress considerably with the strong
determination of its people and the responsiveness of its leaders coupled with the aid
and strong support of the Provincial Government. Today, it is now categorized as a first
class municipality, and the once quiet and sleepy town has now been completely
transformed into the bustling industrial center in the western part of the province that is
famous for its shipbuilding industry

As of 2010, the population of the municipality was 71,237 based on the Certification of
Population Count issued by the National Statistics Office with a population growth rate
of 3.69% which is relatively higher compared to nearby municipalities and cities and the
national growth rate in general. This is due to a higher rate of inward migration brought
about by the phenomenal growth of the town’s shipbuilding industry. Based on the
above growth rate, the town’s population is now estimated to be more than eighty
thousand (>80,000).

For the same calendar year, the municipality locally-generated an income of One
Hundred Twenty-Six Million Four Hundred Fifty-Four Thousand Three Hundred Thirty
Two Pesos and Eighty-Six Centavos (PhP126,454,332.86). Being host to international
companies that make up the town’s globally-competitive shipbuilding industry, it is
Projected that this figure has since skyrocketed in the last two years and will continue to
do so every year.


With a vibrant shipbuilding industry complemented by the town’s traditional industries
comprising of agriculture, fishing, local manufacturing and thousands of small, medium
and large enterprises plus the town's status as the rising industrial center in western
Cebu, the municipality of Balamban has the potential to grow even more by leaps and
bounds in the coming years. Hence, the local government must be at par with this
growth potential and must roll out the necessary infrastructure complement that would
spur further its growth and development. It must establish the necessary educational,
health and other facilities to address the growing needs of its industries for qualified
workforce.

The conversion of the Municipality of Balamban is envisioned to enhance its robust
economic development and financial prosperity and the entire Province of Cebu in
general. The increase of its share on Internal Revenue Allotment once it becomes a
component city will result to improvements in the delivery of social services to its
growing population and will enhance its commercial and industrial use for a better
business climate and entice more investments to pour in. Its conversion into a
component city will certainly give it a self-sustaining economy requiring only minimal
assistance from the province.

Towards this end, it is necessary that the town’s status as a municipality be upgraded to
that of a city to enhance its capacity to meet the growing demands of its industries. This
is a necessary pre-requisite for Balamban to achieve its fullest potential and enhance its
status as a new growth center in the Province of Cebu. Balamban is very qualified to
become a city in terms of income and land area among others. Lastly, its elevation into

a city will bring great joy, honor and pride among Balambanons and the Cebuanos in
general

It is in this Jight that the conversion of the Municipality of Balamban into a component
city is Province is earnestly sought and recommended

Stic
PABLO JOHN F/GARCIA



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGTEENTH CONGRESS
First Regular Session

House Bill No,__ 1574

Introduced by Hon. PABLO JOHN F. GARCIA

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

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

ARTICLE |
GENERAL PROVISIONS

Section 1. Title. This Act shall be known as the "Charter of the Balamban
City".

Sec. 2. The Balamban City. The Municipality of Balamban shall be converted
into a component city to be known as Balamban City, hereinafter referred to as the City,
which shall comprise the present territory of the Municipality of Balamban, Province of
Cebu. The territorial jurisdiction of the City shall be within the Present metes and bounds
of the Municipality of Balamban.

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

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

(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;

(c) To have and use a corporate seal:

(a) To acquire, hold and convey real or personal property;
(€) To enter into contracts and/or agreements; and

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


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

Sec. 5. Liability for Damages. The City and its officials shall not be exempt from
liability for death or injury to persons or damage to property.

Sec. 6. Jurisdiction of the City. The jurisdiction of the Balamban City , for police
Purposes only, shall be coextensive with its territorial jurisdiction and for the Purpose of
protecting and ensuring the purity of the water supply of the City, such police jurisdiction
shall also extend over all the territory within the drainage area of such water supply, or
within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or
Pumping station used in connection with the city water service.

The city court of the Balamban City shall have concurrent jurisdiction with the city or
municipal court of the adjoining municipalities or cities, to try crimes and misdemeanors
committed within said drainage area or within said spaces of one hundred meters (100
m.). The court first taking cognizance of such an offense shall have jurisdiction to try
said cases to the exclusion of the other courts. The police force of several municipalities
and cities concerned shall have concurrent jurisdiction with the police of the City for the
maintenance of good order and the enforcement of ordinances throughout said zone,
area or spaces. But any license that may be issued within said zone, area or areas shall
be granted by the proper authorities of the city or municipality concerned, and the fees
arising therefrom shall accrue to the treasury of the said city or municipality concerned
and not to the City.

ARTICLE I
CITY OFFICIALS IN GENERAL

Sec. 7. The Officials of the Balamban City. (a) There shall be in Balamban
City: a city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to
the sangguniang panlungsod, a city treasurer and an assistant city treasurer, a city
assessor and an assistant city assessor, a city accountant, a city budget officer, a city
planning and development officer, a city engineer, a city health officer, a city civil
registrar, a city administrator, a city legal officer, a city social welfare and development
officer, a city veterinarian, a city general services officer, a city cooperatives officer, and
a city building officer.

(b) In addition thereto, the city mayor may appoint a city environment and natural
resources officer, a city architect, a city information officer, a city population officer
and a city agriculturist.

(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 and a city schools division to be
headed by a city schools division superintendent.

(d) The sangguniang panlungsod of Balamban City may:

(1) Maintain existing offices not mentioned in subsections (a), (b) and (c) hereof,

(2) Create such other offices as may be necessary to carry out the purposes of the
City; or


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

(e) 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 members
of the sangguniang panlungsod, 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

ARTICLE Ill
THE CITY MAYOR AND CITY VICE MAYOR

Sec. 8. The City Mayor. (a) The city mayor shall be the chief executive of the
City. He shall be elected at large by the qualified voters of the City. No person shall be
eligible for the position of city mayor unless, at the time of the election, he is at least
twenty-one (21) years of age, an actual resident of the City for at least one year prior to
his election and a qualified voter therein. He shall hold office for three years, unless
sooner removed, and shall receive a minimum monthly compensation corresponding to
Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, otherwise known

as the Salary Standardization Law, and the implementing guidelines issued pursuant
thereto.

The city mayor, as the chief executive of the city government, shall exercise such
Powers and perform such duties and functions as provided herein

(b) For efficient, effective and economical governance, the purpose of which is the
general welfare of the City and its inhabitants, the city mayor shall

(1) Exercise those powers expressly granted to him by law, those necessarily
implied therefrom, as well as powers necessary, appropriate or incidental for the
efficient and effective governance of the City, and those which are essential to
the promotion of the general welfare:

(i) Determine the guidelines of city policies and be responsible to the
sangguniang panlungsod for the program of government:

(ii) 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;

(iii) Present the program of government and propose policies and projects for
the consideration of the sangguniang panlungsod at the opening of the
regular session of the sangguniang panlungsod 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;

(iv) _ Initiate and propose legislative measures to the sangguniang paniungsod
and as often as may be deemed necessary, provide such information and
data needed or requested by said sanggunian in the performance of its
legislative functions;

(v) Appoint all officials and employees whose appointments are not otherwise
Provided for in this Act, as well as those he may be authorized by law to
appoint;

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


(vii)

(viii)

(ix)

&)

(xi)

(xi)

(xiii)

(iv)

(xv)

(xvi)

(xvii)

Carry out such emergency measures as may be necessary during and in
the aftermath of man-made and natural disasters or calamities;

Determine the time, manner and place of payments of salaries or wages
of the officials and employees of the City, in accordance with law or
ordinance;

Allocate and assign office space to the City and other officials and
employees who, by law or ordinance, are entitled to such space in the city
hall 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 by law and this Act,
and cause to be instituted administrative or judicial proceedings against
any official or employee of the City who may have committed an offense in
the performance of his official duties;

Examine the books, records and other documents of all offices, officials,
agents or employees of the City and, in aid of his executive powers and
authority, require all national officials and employees 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 by him to the Office of the
President and the Office of the Secretary of the Department of the Interior
and Local Government (DILG) within seventy-two (72) hours after their
issuance;

Visit component barangays of the City at least once every six months to
deepen his understanding of problems and conditions, listen and give
appropriate counsel to local officials and inhabitants of general laws and
ordinances 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 by him and
the commutation of the monetary value of their leave credits in
accordance with law;

Authorize official trips of city officials and employees outside of the City for
@ period not exceeding thirty (30) days: Provided, that the trips abroad or
for a 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 to advise him on matters affecting the City and to make
recommendations thereon; coordinate with said officials and employees in
the formulation and implementation of plans, programs and projects. and
when appropriate, initiate an administrative or judicial action against a
national government official or employee who may have committed an
offense in the performance of his 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


(xviii)

(xix)

(Oo)

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 panlungsod which shall feature traditional
sports and disciplines included in national and international games, in
coordination with the Department of Education (DepEd), the Commission
‘on Higher Education (CHED) or the Philippine Sports Commission (PSC);
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 or 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:

(i)

(ii)

(iil)

(iv)
(v)

(vi)

Ensure that the acts of the City's component barangays and of its officials
and employees are within the scope of their prescribed powers, duties and
functions;

Call conventions, conferences, seminars or meetings of elective or
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
subject as he may deem 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 his 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 the general and operational
control and supervision over the police forces in the City in accordance
with Republic Act No. 6975, otherwise known as the Philippine National
Police Law; and

Call upon the appropriate law enforcement agencies to suppress disorder,
riot, lawless violence, rebellion or 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 shall:

(i)

Require each head of an office or department to prepare and submit an
estimate of appropriations for the ensuing calendar year, in accordance


(ii)

(ii)

(iv)

)

(vi)

wii)

(viii)

(ix)

with the budget preparation process enshrined under Republic Act No.
7160, otherwise known as the Local Government Code of 1991;

Prepare and submit to the sanggunian for approval the executive and
supplemental budgets 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 are applied to the payment of expenses and 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;

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 permit, subject to such fines and
Penalties as may be imposed by law or ordinance, or to make necessary
changes in the construction of the same when said construction violates
any law or ordinance, or to order the demolition or removal of said house,
building or structure within the period prescribed by law or ordinance:

Adopt adequate measures to safeguard and conserve land, mineral, 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 or charges and for
the recovery of funds and property; and cause the City to be defended
against all suits to ensure that its interests, resources and rights shall be
adequately protected;

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

()

(ii)

Ensure that the construction and repair of roads and highways funded by
the national government shall be, as far 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 implementation of technical services, including public
works and infrastructure programs, rendered by national offices: and

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

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

Sec. 9. The City Vice Mayor. 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 his election,


Possess the same qualifications as the city mayor. He shall hold office for three years,
unless sooner removed, and shall receive a monthly compensation corresponding to
Salary Grade Twenty-six (26) as prescribed under the Salary Standardization Law and
the implementing guidelines issued pursuant thereto.

The city vice mayor shall:

(a) Be the presiding officer of the sangguniang panlungsod and sign all warrants drawn
on the city treasury for all expenditures appropriated for the operation of the
sangguniang panlungsod;

(b) 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;

(c) Assume the office of the city mayor for the unexpired term of the latter in the event of
permanent vacancy;

(a) Exercise the powers and perform the duties and functions of the city mayor in case
of temporary vacancy; and

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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Sec. 10. Composition. (a) The sangguniang panlungsod, the legislative body of
the City, shall be composed of the city vice mayor as the presiding officer, the regular
sanggunian members, the president of the city chapter of the liga ng mga barangay, the
president of the panlungsod na pederasyon ng mga sangguniang kabataan and the
sectoral representatives, as members.

(b) In addition thereto, there shall be three sectoral representatives: one from the
women; and, as shall be determined by the sangguniang panlungsod within ninety
(90) days prior to the holding of the local elections, one from the agricultural or
industrial workers; and one from the other sectors, including the urban poor or
disabled persons.

(c) The regular members of the sangguniang panlungsod and the sectoral
representatives shall be elected in the manner as may be provided for by law. The
elective members of the sangguniang panlungsod shall possess the qualifications as
provided for under Section 39 of Republic Act No. 7160

Sec. 11. Powers, Duties, Functions and Compensation. (a) The sangguniang
Panlungsod, as the legislative body of the City, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the City and its inhabitants
Pursuant to Section 16 of the Local Government Code and in the proper exercise of the
Corporate powers of the City as provided for under Section 22 of the Local Government
Code, and shall:

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

(i) Review all ordinances approved by the sangguniang barangay and
executive orders issued by the punong barangay to determine whether


(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(x)

()

these are within the scope of the prescribed powers of the sanggunian
and of the punong barangay;

Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose
penalties for the violation of said ordinance;

Approve ordinances imposing a fine not exceeding Five thousand pesos
(P5,000.00) or an imprisonment for a period not exceeding one year, or
both, at the discretion of the court, for violation of a city ordinance;

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 and assistance for victims during and in the aftermath of
said disasters or calamities and in their return to productive livelihood
following said events;

Enact ordinances intended to prevent, suppress and impose appropriate
penalties for habitual drunkenness in public Places, vagrancy,
mendicancy, prostitution, the establishment and maintenance of houses of
ill-tepute, 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 pornographic materials or
Publications, and such other activities inimical to the welfare and morals of
the inhabitants of the City;

Protect the environment. To this end, it may set aside at least ten percent
(10%) of its development funds for the Purpose of maintaining and
enhancing ecological balance of the City. It may also impose appropriate
penalties for acts which endanger the environment, such as dynamite
fishing and other forms of destructive fishing, 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 eutrophication of rivers and lakes or of
ecological imbalance:

Subject to the provisions of the Local Government Code and 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 in a concurrent
capacity at the rate authorized by law;

Provide a mechanism and the appropriate funds therefor to ensure the
safety and the protection of all city government property, public documents
or records such as those relating to property inventory, land ownership
record 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;


(xi)

ii)

(xiii)

When the finances of the city government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary
and high school teachers, and other national government officials 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 all
barangay officials, including members of barangay tanod brigades and
other service units, with public or private insurance companies, when the
finances of the city government allow said coverage;

(2) Generate and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City, with particular attention to
agro-industrial development and citywide growth and progress, and shall

0)

(ii)

(iii)

(iv)

(v)

(vi)

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 II of the Local Government Code and the
applicable laws and, upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinances levying taxes, fees and
charges, prescribing the rates thereof for general and specific purposes,
and granting tax exemption, incentive or relief;

Subject to the provisions of Book II of the Local Government Code and,
upon the majority vote of all the members of the sangguniang panlungsod,
authorize the city mayor to negotiate and contract loans and other forms of
indebtedness. The application for loans or other forms of indebtedness
and the terms and conditions thereof shall, before approval, be published
in a newspaper of general circulation in the City. Once approved, the
contract covering the loans or other forms of indebtedness shall be
furnished to any city resident requesting a copy thereof, upon payment of
reasonable fees;

Subject to the provisions of Book II of the Local Government Code and
applicable laws and, upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinances authorizing the floating of
bonds or other instruments of indebtedness, for the purpose of raising
funds to finance development projects. The authorization to float bonds
and other instruments of indebtedness shall be published in a newspaper
of general circulation in the City. Once approved, the contract covering the
floating of bonds or other instruments of indebtedness shall be furnished
to any city resident requesting a copy thereof upon payment of reasonable
fees;

Appropriate funds for the construction and maintenance or the rental of
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 a proprietary capacity
subject to existing laws, rules and regulations;

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


vii)

(viii)

(ix)

()

(xi)

(xii)

(xiii)

(xiv)

(xv)

Adopt a comprehensive land-use plan for the City and that the formulation,
adoption or modification of said plan shall be in coordination within the
approved provincial comprehensive land-use plan;

Reclassify lands within the jurisdiction of the City, subject to the pertinent
provisions of the Local Government Code;

Enact integrated zoning ordinances in consonance with the approved
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 fire limits or zones in accordance with the provisions of the Fire Code:

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 proceeds
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 withheld 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,

Subject to the provisions of Book II of the Local Government Code, control
fishing and related activities within the city rivers and waters;

With the concurrence of at least two-thirds (2/3) of all the members of the
sangguniang panlungsod, grant tax exemptions, incentives or reliefs to
entities engaged in community growth-inducing industries, subject to the
provisions of the Local Government Code;

Grant loans or provides grants to other local government units or to
national, provincial and city charitable, benevolent or educational
institutions: Provided, That said institutions are operated and maintained
within the City;

Regulate the numbering of residential, commercial and other buildings,
and

Regulate the inspection, weighing and measuring of articles of commerce:

(3) Subject to the provisions of Book II of the Local Government Code, enact
ordinances granting franchises and authorizing the issuance of permits or
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

(i)

(ii)

(ii

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

Regulate or fix license fees for any business or practice of profession
within the City and the conditions under which the license for said
business or practice of 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


(iv)

™)

(vi)

(vii)

the conditions under which the same may be leased to private persons or
entities, preferably cooperatives;

Regulate the display of and fix the license fees for signs, signboards or
billboards at the place or places where the profession or business
advertised thereby is, in whole or in part, conducted;

Any laws 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;

Subject to the guidelines prescribed by the Department of Transportation
and Communications, regulate the operation of tricycles and grant
franchises for the operation thereof within the territorial jurisdiction of the
City; and

Upon approval by a majority vote of all the members of the sangguniang
Panlungsod, grant a franchise to any person, partnership, corporation or
Cooperative to do business within the City; establish, construct, operate
and maintain ferries, wharves, markets or slaughterhouses; 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 in order to promote the general welfare and, for the said purpose, shall

0)
(ii)

(iii)

(iv)

v)

(vi)

(vii)

(viii)

Declare, prevent or abate any nuisance:

With the concurrence of a majority of the members of the sangguniang
Panlungsod, a quorum being present, deny the entry of legalized gambling
by ordinance into any part of the City or regulate its location in the City;

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

Regulate the disposal of clinical and other wastes from hospitals, clinics
and other similar establishments;

Regulate the establishment, operation and maintenance of cafes
restaurants, beerhouses, hotels, motels, inns, pension houses, lodging
houses and other similar establishments, 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 pools, public dancing schools, public


(ix)

&)

dance halls, sauna baths, massage parlors and other places for
entertainment or amusement; regulate such other events or activities for
amusement or entertainment, particularly those which tend to disturb the
community or annoy the inhabitants, or require the suspension or
Suppression of the same; or 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 efficient and effective delivery of the
basic services and facilities as provided for under the Local Government Code
and, in addition to said services and facilities, shall:

(i)

(ii)

(ii)

(iv)

(v)

(vi)

(vii)

Provide for the establishment, maintenance, protection and conservation
of tree parks and greenbelts;

Establish markets, slaughterhouses or animal corrals and authorize the
operation thereof by the city government; and regulate the construction
and operation of private markets, taboan or talipapas or other similar
buildings and structures;

Authorize the establishment, maintenance and Operation by the city
government of ferries, wharves and/or other structures intended to
accelerate 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 streets, 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 vehicles
which serve the public; regulate garages and operation of conveyances for
hire; designate stands to be occupied by public vehicles when not in use;
regulate the putting up of signs, signposts, 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;

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 use of hydrants, pumps, cisterns
and reservoirs; protect the purity and quantity of the water supply of the
City and, for this purpose, extend the coverage of appropriate ordinances
over all territory within the drainage area of said water supply and within


(viii)

(ix)

(®)

(xi)

(xii)

(xiii)

(xiv)

(xv)

(vi)

(xvii)

one hundred meters (100 m.) of the reservoir, canal, conduit, aqueduct,
Pumping station or watershed used in connection with the water service;
and regulate the consumption, use or wastage of water and fix and collect
charges therefor;

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, manholes.
live wires 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 or removal of the same when found to be dangerous to the
welfare of the inhabitants;

Subject to the availability of funds and the existing laws, rules and
regulations, establish and provide for the operation of vocational and
technical schools and similar post-secondary institutions and, with the
approval of the DepEd, the CHED or the Technical Education and Skills
Development Authority, and subject to existing laws on tuition fees, fix and
collect reasonable tuition fees and other school charges in educational
institutions supported by the city government:

Establish a scholarship fund for the poor but deserving students in schools
located within its jurisdiction or for students. residing within the City;

Approve measures and adopt quarantine regulations to prevent the
introduction and 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
garbage, refuse and other filth and wastes;

Provide for the care of disabled persons, paupers, the aged, the sick
Persons of unsound mind, abandoned minors, juvenile delinquents, drug
dependents, abused children and the youth below eighteen (18) years of
age and, subject to the availability of funds, establish and provide for the
operation of centers and facilities for the said needy and disadvantaged
persons;

Establish and provide for the maintenance and improvement of 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 the
arts, coordinate with government agencies and nongovernmental
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 shail
formulate policies and adopt measures mutually beneficial to the elderly
and to the community: provide incentives for nongovernmental agencies


and entities and, subject to the availability of funds, appropriate funds to
support programs and projects for the benefit of the elderly; and

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

(b) The members of the sangguniang panlungsod of the Balamban City shall receive a
minimum monthly compensation corresponding to Salary Grade Twenty-five (25) as
prescribed under the Salary Standardization Law and the implementing guidelines
issued pursuant thereto.

ARTICLE V
PROCESS OF LEGISLATION

Sec. 12. Internal Rules of Procedure. - (a) On the first regular session following
the election of its members and within ninety (90) days thereafter, the sangguniang
Panlungsod shall adopt or update its existing rules of procedure.

(b) The rules of procedure shall provide for the following

(1) The organization of the sanggunian and the election of its officers as well as the
creation of standing committees which shall include, but shall not be limited to,
the committees on appropriations, revenues, engineering and public works,
education and health, women and family, human fights, youth and sports
development, environmental protection, peace and order and traffic and
Cooperatives; the general jurisdiction 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 procedures which include the conduct of members during
sessions;

(5) The discipline of members for disorderly behavior and absences without
justifiable cause for four consecutive sessions for which they may be censured,
reprimanded or excluded from the session, suspended for not 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, further, That the member convicted by final
judgment to imprisonment of at least one year for any crime involving moral
turpitude shall be automatically expelled from the sanggunian; and

(6) Such other rules as the sanggunian may adopt

Sec. 13. Full Disclosure of Financial and Business Interests of
Sangguniang Panlungsod Members. (a) Every sangguniang panlungsod member
shall, upon assumption to office, make a full disclosure of his business and financial
interests. He shall also disclose any business, financial, professional relationship or any
relation by affinity or consanguinity within the fourth civil degree, which he may have
with any person, firm or entity affected by any ordinance or resolution under
consideration by the sanggunian of which he 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 considerations that may tend to affect
his 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 committee of which he is a
member. The disclosure shall, in all cases, form part of the record of the
proceedings and shall be made in the following manner:

(1) Disclosure shall be made before the member participates in the deliberations on
the ordinance or resolution under consideration: Provided, 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 a position or makes a privilege
Speech on a matter that may affect the business interest, financial connection or
professional relationship described herein.

Sec. 14. Sessions. (a) On the first day of the session immediately following the
election 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 sangguniang panlungsod.

(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 sessions shall be open to the Public unless a closed-door session is
ordered by an affirmative vote of a majority of the members present, there being a
Quorum, in the public interest or for reasons of security, decency or morality. No two
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) hours before the special session is held

Unless 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 stated in the notice.

(e) The sangguniang panlungsod shall keep a journal and a record of its proceedings
which may be published upon resolution of the majority of its members

Sec. 15. Quorum. (a) A majority of all the members of the sanggunian 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 thereafter announce the results

(b) Where there is no quorum, the presiding officer may declare a recess until such time
@ quorum is constituted, or a majority of the members present may adjourn from day
to day and may compel the immediate 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 territorial jurisdiction of the
Balamban City , 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.

Sec. 16. 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 shall affix his signature on each and every page thereof:
otherwise, he shall veto it and return the same with his 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 legal intents and purposes.

(b) The veto shall be communicated by the city mayor to the sanggunian within ten (10)
days; otherwise, the ordinance shall be deemed approved as if he had signed it

Sec. 17. Veto Power of the City Mayor. (a) The city mayor may veto any ordinance
of the sangguniang panlungsod on the ground that it is ultra vires or prejudicial to the
Public welfare, stating his reasons thereof in writing,

(b) The city mayor shall have the power to veto any particular item or items of an
appropriations ordinance, an ordinance or resolution adopting a local development
plan, any 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 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 enacted.

(c) The city mayor may veto an ordinance or resolution only once. The sanggunian may
override 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.

Sec. 18. Review of City Ordinances by the Sangguniang Panlalawigan. (a)
Within three days after 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 or the provincial prosecutor shall, within a period often (10) days
from receipt of the documents, inform the sangguniang panlalawigan in writing of his
comments or recommendations, which may be considered by the sangguniang
panlalawigan in making its decision.

(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond
the power conferred upon the sangguniang panlungsod concemed, it shall declare
Such ordinance or resolution invalid in whole or in part. The sangguniang
Panlalawigan shall enter its action in the minutes and shall advise the corresponding
city authorities of the action it has taken.


(@) If no action has been taken by the sangguniang panlalawigan within thirty (30) days
after submission of such an ordinance or resolution, the same shall be presumed
consistent with law and therefore valid.

Sec. 19. Review of Barangay Ordinances by the Sangguniang Panlungsod.
(a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish
copies of all barangay ordinances to the sangguniang panlungsod for review as to
whether the ordinance is consistent with law and city ordinances.

(b) If the sangguniang panlungsod fails to take action on barangay ordinances within
thirty (30) days from receipt thereof, the same shall be deemed approved.

(c) If the sangguniang panlungsod finds the barangay ordinances inconsistent with law
or city ordinances, the sangguniang panlungsod shall, within thirty (30) days from
receipt thereof, return the same with its comments and recommendations to the
sangguniang barangay concerned for adjustment, amendment or modification; in
which case, the effectivity of the barangay ordinance is ‘suspended until such time as
the revision called for is effected.

Sec. 20. Enforcement of Disapproved Ordinances or Resolutions. Any
attempt to enforce any ordinance or any resolution approving the local development
Plan and the public investment program after the disapproval thereof shall be sufficient
ground for the suspension or dismissal of the official or employee concerned.

Sec. 21. Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated
in the ordinance or the resolution approving the local development plan and the public
investment program, the same shall take effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance of the Balamban City Hall and in at
least two other conspicuous places in Balamban City not later than five days after
approval thereof.

(b) The secretary to the sangguniang panlungsod 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 conspicuous places not later than five days after approval thereof

The text of the ordinance or the resolution shall be disseminated and posted in Filipino
or English and in the dialect used by the majority of the residents of the City and the
secretary of the sangguniang panlungsod shall record such fact in a book kept for
the purpose, stating the dates of approval and posting.

(c) The main features of the ordinance or the resolution duly enacted or adopted shall,
in addition to being posted, be published once in a local newspaper of general
circulation within the City: Provided, That in the absence thereof, the ordinance or
the resolution shall be published in any newspaper of general circulation: Provided,
further, That the gist of all ordinances with penal sanctions shall also be published in
a newspaper of general circulation.

ARTICLE VI
SUCCESSION FOR ELECTIVE CITY OFFICIALS

Sec. 22. Permanent Vacancy in the Offices of the City-Mayor and the City
Vice Mayor. (a) If a 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 panlungsod member or, in case of
his permanent incapacity, the second highest ranking sangguniang panlungsod member
shall become the city vice mayor. If permanent vacancies occur in both the offices of the
city mayor and the city vice mayor, the first and second highest ranking sangguniang
panlungsod members, or in case of permanent incapacity of one or both of them, the


Next highest ranking sangguniang panlungsod member or members, shall become the
city mayor and the city vice mayor, respectively. Subsequent vacancies in the said
offices shall be filled automatically by the other sanggunian members according to their
ranking as defined herein

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

(c) The successors as defined herein shall serve only the unexpired terms of their
predecessors.

(d) For purposes of this Act, a permanent vacancy arises when an elective local official
fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed
from office, voluntarily resigns or is otherwise permanently incapacitated to
discharge the functions of his office.

(e) For purposes of succession as provided for in this Act, ranking in the sanggunian
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 immediately preceding
local election.

Sec. 23. Permanent Vacancies in the Sanggunian. Permanent vacancies in the
sangguniang panlungsod where automatic succession as provided above does not
apply shall be filled by appointments in the following manner:

{a) The governor shall make the aforesaid appointments;

(b) Only the nominee of the political party under which the sanggunian member
concerned had been elected shall be appointed in the manner herein provided. The
appointee shall come from the political party as that of the 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 sine
qua 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 therefor,

(c) In case the permanent vacancy is caused by a sanggunian member who does not
belong to any political party, the city mayor shall, upon the recommendation of the
Sangguniang panlungsod, appoint a qualified person to fill the vacancy; and

(d) In case of vacancy in the representation of the youth and the barangay in the
Sangguniang panlungsod, said vacancy shall be filled automatically by the official
next-in-rank of the organization concemed.

Sec. 24. Temporary Vacancy in the Office of the City Mayor. (a) When the
city mayor is temporarily incapacitated to perform his duties for physical or legal
reasons such as, but not limited to, leave of absence, travel abroad and suspension
from office, the city vice mayor or the highest ranking sangguniang 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

() Said temporary incapacity shall terminate upon submission to the sangguniang
panlungsod of a written declaration by the city mayor that he has reported back to
office. In case where the temporary incapacity is due to legal cause, the city mayor
‘shall also submit necessary documents showing that the said legal causes no longer
exist.


(c) When the city mayor is traveling within the country but outside territorial jurisdiction
for a period not exceeding three consecutive days, he may designate in writing the
Officer-in-charge of his 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.

(d) In the event, however, that the city mayor fails or refuses to issue such authorization,
the city vice mayor or the highest ranking sangguniang panlungsod member, as the
case may be, shall have the right to assume the powers, duties and functions of the
said office on the fourth 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 member of the sangguniang panlungsod, as the
case may be.

ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY

Sec. 25. The Secretary to the Sangguniang Panlungsod. (a) There shall be a
secretary to the sangguniang panlungsod who shall be a career official with the rank
and salary equal to a head of a department or office.

(b) No person shall be appointed secretary to the sangguniang panlungsod unless he is
a citizen of the Philippines, a resident of the Balamban City, 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 eligible or its
equivalent.

(c) The secretary to the sangguniang panlungsod shall take charge of the office of the
sangguniang panlungsod and shall

(1) Attend meetings of the sangguniang panlungsod and keep a journal of its
proceedings;

(2) Keep the seal of the City and affix the same with his signature to all ordinances,
resolutions and other official acts of the sangguniang panlungsod, and present
the same to the presiding officer for his signature:

(3) Forward to the city mayor, for approval, copies of ordinances enacted by the
sangguniang panlungsod and duly certified by the presiding officer:

(4) Forward to the Department of Budget and Management (DBM) copies of the
appropriations ordinances passed by the sangguniang panlungsod as provided
for under Section 326, Book 1! of the Local Government Code:

(5) Forward to the sangguniang panlalawigan copies of duly approved ordinances in
the manner provided for in Sections 56 and 327 of the Local Government Code:

(6) Furnish, upon the request of any interested party, certified copies of records of
Public character in his custody, upon payment to the city treasurer of such fees
as may be prescribed by ordinance;

(7) 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,


(8) Keep his office and all nonconfidential records therein ‘open to the public during
usual business hours;

(9) Translate into 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 for under the
Local Government Code;

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

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

Sec. 26. The City Treasurer. (a) The city treasurer shall be appointed by the
Secretary of Finance from a list of at least three ranking eligible recommendees of the
city mayor, subject to 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) No person shall be appointed city treasurer unless he is a citizen of the Philippines
a resident of Balamban City, of good moral character, a holder of a college degree
preferably in commerce, public administration or law from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have
acquired experience in treasury or accounting service for at least five years.

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

(e) The city treasurer shall take charge of the city finance department and shall:

(1) Advise the city mayor, the sangguniang panlungsod and other local government
and national officials concerned regarding disposition of local government funds
and on such other matters relative 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 him 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:

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

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

Sec. 27. The Assistant City Treasurer. (a) The assistant city treasurer shall be
appointed by the Secretary of Finance from a list of at least three ranking eligible
recommendees of the city mayor, subject to civil service law, rules and regulations


(b) No person shall be appointed assistant city treasurer unless he is a citizen of the
Philippines, a resident of Balamban City, of good moral character, a holder of a
college degree preferably in commerce, public administration or law from a
recognized college or university and a first grade civil service eligible or its
equivalent. He must have acquired at least five years’ experience in treasury or
accounting,

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

(d) The assistant city treasurer shall assist the city treasurer and perform such other
duties as the latter may assign to him. He shall have authority to administer oaths
concerning notices and notifications to those delinquent in the payment of the real
Property tax and concerning official matters relating to the accounts of the city
treasurer or otherwise arising from the offices of the city treasurer and the city
assessor.

Sec. 28. The City Assessor. (a) The city assessor must be a citizen of the
Philippines, a resident of Balamban City, 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, and a first grade civil service eligible or
its equivalent. He must have acquired experience in real property assessment work or
in any related field for at least five years immediately preceding the date of his
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 assessment 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 evaluation and
assessment of real properties for taxation purposes;

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

(4) Install and maintain a real property identification and accounting systems,

(5) Prepare, install and maintain a system of tax mapping, showing graphically all
Properties subject to assessment and gather 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:

(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
modifications of assessments to the city mayor and the sangguniang
panlungsod; and

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

Sec. 29. The Assistant City Assessor. (a) The assistant city assessor must be
a citizen of the Philippines, a resident of Balamban City, of good moral character, a
holder of a college degree preferably in civil or mechanical engineering, commerce or
any related course from a recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in assessment or in any
related field for at least three years immediately preceding the date of his appointment.

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

(c) The assistant city assessor shall assist the city assessor and perform such other
duties as the latter may assign to him. He shall have the authority to administer
oaths on all declarations of all real properties for purposes of assessment.

Sec. 30. The City Accountant. (a) The city accountant must be a citizen of the
Philippines, a resident of Balamban City, of good moral character and a certified public
accountant. He must have acquired experience in the treasury or accounting service for
at least five years immediately preceding the date of his 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 and shall:

(1) Install and maintain an internal audit system in the City;

(2) Prepare and submit financial statements to the city mayor and to the
sangguniang panlungsod;

(3) Appraise the sangguniang panlungsod and other officials on the financial
condition and operations of the City;

(4) Certify to the availability of budgetary allotment to which expenditures and
obligations may be properly charged:

(5) Review supporting documents before the preparation of vouchers to determine
the completeness of requirements;

(6) Prepare statements of cash advances, liquidations, salaries, allowances.
reimbursements and remittances pertaining to the City;

(7) Prepare statements of journal vouchers and liquidations of the same and other
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 any;

(11) Account for all issued requests for obligations and maintain and keep all records
and reports related thereto;

(12)Prepare journals and the analysis 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 for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or ordinance.

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

(b) The city budget officer shall take charge of the city budget department and shall:

(1) Prepare forms, orders and circulars embodying instructions on budgetary and
appropriations matters for the signature of the city mayor;

(2) Review and consolidate the budget proposals of the different departments and
Offices of the City;

(3) Assist the city mayor in the preparation of the budget and during budget
hearings;

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

(8) Submit periodic budgetary reports to the 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 sangguniang panlungsod in reviewing the approved budgets of the
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 for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or ordinance.

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


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

(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, physical and other development plans
and policies for consideration of the City;

(2) Conduct continuing studies, researches and training programs necessary to
evolve plans and programs for implementation;

(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
the consideration of the local development council:

(6) Analyze the income and expenditure patterns, and formulate and recommend
fiscal plans and policies for consideration of the finance committee of the
sangguniang panlungsod:

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

Sec. 33. The City Engineer. (a) The city engineer must be a citizen of the
Philippines, a resident of the Balamban City, of good moral character and a licensed
civil engineer. He must have acquired experience in the practice of his profession for at
least five years immediately preceding the date of his appointment

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

(c) The city engineer 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) Advise the city mayor on infrastructure, public works and other engineering
matters;

(3) Administer, coordinate, supervise and control the construction, maintenance,
improvement and repair of roads, bridges, other engineering and public works
projects of the City;

(4) Provide engineering services to the City, including investigations and surveys,
engineering designs, feasibility studies and project management; and


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

Sec. 34. The City Health Officer. (a) The city health officer must be a citizen of
the Philippines, a resident of the Balamban City, of good moral character and a licensed
medical practitioner. He must have acquired experience in the practice of his profession
for at least five years immediately preceding the date of his appointment

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

(c) The city health officer shall take charge of the office of the city health services and

shall:

(1) Supervise the personnel and staff of 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 programs geared to
implement health-related projects and activities;

(2) Formulate measures for the consideration of the Sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out
activities to ensure the delivery of basic services and the provision of adequate
facilities relative to health services as provided for under Section 17 of the Local
Government Code;

(3) Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with health programs
and projects which the city mayor is empowered to implement and which the

Sangguniang panlungsod is empowered to provide for under the Local
Government Code;

(4) In addition to the foregoing duties and functions, the health officer shall:

(i)

(i)

(iiy

(iv)

(v)

(vi)

Formulate and implement policies, plans and projects to promote the
health of the people in the City:

Advise the city mayor and the sangguniang panlungsod on matters
pertaining to health;

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

Recommend to the sangguniang panlungsod, through the local health
board, the passage of such ordinances as he may deem necessary for the
preservation of public health;

Recommend the prosecution of any violation of sanitary laws, ordinances
or regulations;

Direct the sanitary inspection of all business establishments selling food
items or providing accommodations such as hotels, motels, lodging
houses, pension houses and the like, in accordance with the Sanitation
Code;


(vii)

(viii)

(ix)

Conduct health information campaigns and render health intelligence
services;

Coordinate with other government agencies and nongovernmental
organizations involved in the promotion and delivery of health services;
and

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

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

Sec. 35. The City Civil Registrar. (a) The city civil registrar must be a citizen of
the Philippines, a resident of the Balamban City, of good moral character, a holder of a
college degree from a recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in civil registry work for at
least five years immediately preceding the date of his appointment.

(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
Balamban City, 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 shall:

(1) Develop plans and strategies and, upon approval thereof by the city mayor.
implement the same, particularly those which have to do with the management
and administration-related programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is empowered
to provide for under the Local Government Code;

(2) In addition to the foregoing duties and functions, the city civil registrar shall

(i)

(i)

(iii)

(iv)

(v)

(vi)

Accept all registrable documents and judicial decrees affecting the civil
‘Status of persons;

File, keep and preserve in a secure place the books required by law;

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

Transmit to the Office of the Civil Registrar-General, within the prescribed
period, duplicate copies of registered documents required by law:

Issue certified transcripts or copies of any certificate or registered
document upon payment of the required fees to the treasurer.

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 treasurer. and


(vil) Coordinate with the National Statistics Office in conducting educational
campaigns for vital registration and assist in the preparation of
demographic and other statistics for Balamban City; and

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

Sec. 36. The City Administrator. (a) The city administrator must be a citizen of
the Philippines, a resident of Balamban City, of good moral character, a holder of a
college degree preferably in public administration, law or any other related course from
a recognized college or university, and a first grade civil service eligible or its equivalent
He must have acquired experience in management and administrative work for at least
five years immediately preceding the date of his appointment.

(b) The term of the city administrator is coterminous with that of his appointing authority.

(c) The city administrator shall receive such compensation, 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 to do with the management
and administration-related programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is empowered
to provide for under the Local Government Code;

(2) In addition to the foregoing duties and functions, the city administrator shall:

(i) Assist in the coordination of the work of all the officials of the City under
the supervision, direction and control of the city mayor and, for this

Purpose, he may convene the chiefs of offices and other officials of the
City;

(ii) Establish and maintain a sound personnel program for the City designed
to promote career development and uphold the merit principle in the local
government service; and

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

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

(4) Recommend to the sangguniang panlungsod and advise the city mayor on all
matters relative to the management and administration of the City: and

(5) Perform such other duties and functions and exercise such other powers as

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

Sec. 37. The City Legal Officer. (a) The city legal officer must be a citizen of the
Philippines, a resident of Balamban City, of good moral character and a member of the
Philippine Bar. He must have practiced his profession for at least five years immediately
preceding the date of his appointment. The term of the city legal officer shall be
coterminous with that of the appointing authority


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

(c) The city legal officer, the chief legal counsel of the City, shall take charge of the
office of the city legal service and shall:

(1) Formulate measures for the consideration of the sangguniang panlungsod and
provide legal assistance and support to the city mayor in carrying out the delivery
of basic services and the provision of adequate 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 programs and
projects related to legal services which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide:

(3) In addition to the foregoing duties and functions, the city legal officer shall

(i)

(ii)

(iii

(iv)

(v)

(vi)

(vii)

Represent the Balamban City in all civil actions and special proceedings
wherein the City or any of its official, in his official capacity, is a party
Provided, That in actions or proceedings where the City is a party adverse
to the provincial government or to another component city or municipality,
a special legal officer may be employed to represent the adverse party;

When required by the city mayor or sangguniang panlungsod, draft
ordinances, contracts, bonds, leases and other instruments, involving any
interest of the City and provide comments and recommendations on any
instrument already drawn;

Render his opinion in writing on any question of law when requested to do
So by the city mayor or sangguniang panlungsod;

Investigate or cause to be investigated any city official or employee for
administrative neglect or misconduct in office, and recommend
appropriate action to the city mayor or sangguniang panlungsod, as the
case may be;

Investigate or cause to be investigated any person, firm or corporation
holding any franchise or 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
sangguniang panlungsod, as the case may be;

When directed by the city mayor or sangguniang panlungsod, initiate and
prosecute in the interest of the Balamban City any civil action on any
bond, lease or other contract upon any breach or violation thereof. and

Review and submit recommendations on ordinances approved and
executive orders issued by component barangays;

(4) Recommend measures to the sangguniang panlungsod and advise the city
mayor on all matters related to upholding the rule of law;

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


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

Sec. 38. The City Social Welfare and Development Officer. (a) The city social
welfare and development officer must be a citizen of the Philippines, a resident of
Balamban City, of good moral character, a duly licensed social worker or a holder of a
college degree preferably in sociology or any other related course from a recognized
college or university, and a first grade civil service eligible or its equivalent. He must
have acquired experience in the practice of social work for at least five years
immediately preceding the date of his appointment.

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

(c) The city social welfare and development officer shall take charge of the office of the
social welfare and development and shall:

(1) Formulate measures for the approval 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 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
Programs and projects which the city mayor is empowered to implement and
which the sangguniang panlungsod is empowered to provide:

(3) In addition to the foregoing duties and functions, the city social welfare and
development officer shall:

@

(ii)

(iii)

(iv)

(v)

(vi)

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

Provide relief and appropriate crisis intervention for victims of abuse and
exploitation and recommend appropriate measures to deter further abuse
and exploitation;

Assist the city mayor in implementing the barangay level program for the
total development and protection of children up to six years of age

Facilitate the implementation of welfare programs for the differently-abled
elderly, and victims of drug addiction, the rehabilitation of prisoners and
parolees, the prevention of juvenile delinquency and such other activities
which would eliminate or minimize the ill-effects of poverty:

Initiate and support youth welfare programs that will enhance the role of
the youth in nation-building; and

Coordinate with government agencies and nongovernmental organizations
which have for their purpose the promotion and protection of all needy
disadvantaged, underprivileged or impoverished groups or individuals
Particularly those identified to be vulnerable and high-risk to exploitation
abuse and neglect;


(4) Be in the frontline of the delivery of services particularly those which have to do
with the immediate relief and assistance during and in the aftermath of man-
made and natural disasters or calamities;

(5) Recommend to the sangguniang paniungsod and advise the city mayor on all
other matters related to social welfare and development services 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 for under the Local Government Code, and those that are prescribed by
law or ordinance.

Sec. 39. The City Veterinarian. (a) The city veterinarian must be a citizen of the
Philippines, a resident of Balamban City, of good moral character and a licensed doctor
of veterinary medicine. He must have practiced his profession for at least three years
immediately preceding the date of his appointment.

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

(c) The city veterinarian shall take charge of the office of veterinary services 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 adequate
facilities;

(2) Develop 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) In addition to the foregoing duties and functions, the city veterinarian shall

(i). Advise the city mayor on all matters pertaining to the slaughter of animals
for human consumption and the regulation of slaughterhouses;

(ii) Regulate the keeping of domestic animals;

(iii) Regulate and inspect poultry, milk and dairy products for public
consumption;

(iv) Enforce all laws and regulations for the prevention of cruelty to animals:
and

(v) Take the necessary measures to eradicate, prevent or cure all forms of
animal diseases;

(4) Be in the frontline of the 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;

(5) Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters relative to veterinary services which will increase the number and
improve the quality of livestock, poultry and other domestic animals used for work
‘or for human consumption; and


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

Sec. 40. The City General Services Officer. (a) The city general services officer
must be a citizen of the Philippines, a resident of Balamban City, of good moral
character, a holder of a college degree in public administration, business administration
and management from a recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in general services,
including the management of supply, property, solid waste disposal and general
sanitation for at least five years immediately preceding the date of his appointment

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

(c) The city general services officer shall take charge of the office on general services

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 adequate
facilities which require general services expertise and 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 general services
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) In addition to the foregoing duties and functions, the city general services officer

shall:

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(wii)

Take custody of and be 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;

With the approval of the city mayor, assign building or landspace to city
officials and other public officials who by law, are entitled to such space:

Recommend to the city mayor reasonable rental rates for city properties,
whether real or personal, which will be leased to public or private entities
by the city government;

Recommend to the city mayor reasonable rental rates of private properties
which may be leased for the official use of the city government:

Maintain and supervise janitorial, security, government public buildings
and other real property, whether owned or leased by the city government

Collate and disseminate information regarding prices, shipping and other
costs of supplies and other items commonly used by the city government

Perform archival and record management with respect to records of
Offices and departments of the city government: and

Perform all other functions pertaining to supply and property management
and enforce policies on records creation, maintenance and disposal.


(4) Be in the frontline of general services-related activities, such as the possible or
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 or calamities;

(5) Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters relative to general services; and

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

Sec. 41. The City Environment and Natural Resources Officer. - (a) The city
environment and natural resources officer must be a citizen of the Philippines, a
resident of Balamban City , 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, and a first grade civil service eligible or its equivalent
He must have acquired experience in the environment and natural resources
management, conservation and utilization work for at least five years immediately
preceding the date of his appointment

(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
environment service department and shall:

(1) Formulate measures for the consideration of the sangguniang panlungsod and
Provide assistance and support to the city mayor in carrying out measures to
ensure the delivery of basic services and the Provision of adequate facilities
relative to environment and natural resources services as provided for under
Section 17 of the Local Government Code:

(2) Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with the environment
and natural resources programs and projects which the city mayor is empowered
to implement and which the sangguniang panlungsod is empowered to provide
for under the Local Government Code;

(3) In addition to the foregoing duties and functions, the city environment and natural
resources officer shall;

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

(ii) Provide extension services to the beneficiaries of forest development
Projects and technical, financial, and infrastructure assistance:

(iii) Manage and maintain seedbanks and produce seedlings for forests and
tree parks;

(iv) Render assistance for natural resources-related conservation and
utilization activities consistent with ecological balance:

(v) Promote the small-scale mining and utilization of mineral
particularly mining of gold, and

resources


(vi) Coordinate with government agencies and nongovernmental organizations
in the implementation of measures to prevent and control land, air and
water pollution with the assistance of the Department of Environment and
Natural Resources;

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

(5) Recommend measures to the sangguniang panlungsod 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

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

Sec. 42. The City Architect. (a) The city architect must be a citizen of the
Philippines, a resident of Balamban City, of good moral character and a duly licensed
architect. He must have practiced his profession for at least five years immediately
preceding the date of his appointment.

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

(c) The city architect shall take charge of the office on the architectural planning and
design 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 adequate
facilities relative to architectural planning and design:

(2) Develop plans and 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 sangguniang panlungsod is empowered to provide
for under the Local Government Code;

(3) In addition to the foregoing duties and functions, the city architect shall

(i) Prepare and recommend for consideration of the sangguniang panlungsod
the architectural plan and design for the City or a part thereof, including
the renewal of slums and blighted areas. land reciamation activities, the
greening of land, and appropriate planning of marine and foreshore areas

(i) Review and recommend for appropriate action of the sangguniang
panlungsod or city mayor the architectural plans and designs submitted by
government and nongovernment entities or individuals. Particularly those
undeveloped, underdeveloped and poorly-designed areas; and

(iii) Coordinate with government and nongovernment entities and individuals
involved in the aesthetics and the maximum utilization of land and water
within the jurisdiction of the City compatible with environmental integrity
and ecological balance.


(4) 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;

(5) Recommend to the sangguniang panlungsod and advise the city mayor on all
matters relative to architectural planning and design as it relates to the total
socioeconomic development of the City; and

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

Sec. 43. The City Information Officer. (a) The city information officer must be a
citizen of the Philippines, a resident of Balamban City, of good moral character, a holder
Of a college degree preferably in journalism, mass communication or any related course
from a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in writing articles and research papers,
or writing for print, television, broadcast or other forms of mass media for at least five
years immediately preceding the date of his appointment.

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

(c) The city information officer shall take charge of the city information and community
relations department 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 data required for the delivery of basic services and the
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 sangguniang panlungsod is empowered
to provide;

(3) In addition to the foregoing duties and functions, the city information officer shall

(i) Provide relevant, adequate and timely information to the City and its
residents;

(ii) Fumish information and data on the City to government agencies or
offices as may be required by law or ordinance and nongovernmental
organizations to be furnished to said agencies and organizations: and

(iii) Maintain effective liaison with the various sectors of the community on
matters and issues that affect the livelihood and the quality of life of the
inhabitants and encourage support for programs of the local and national
government;

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



(5) Recommend to the sangguniang panlungsod and advise the city mayor on all
matters relative to public information and research data as it relates to the total
‘socioeconomic development of the City; and

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

Sec. 44, The City Cooperatives Officer. (a) The city cooperatives officer must
be a citizen of the Philippines, a resident of Balamban City, 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, and a first
grade civil service eligible or its equivalent. He must have acquired experience in
Cooperatives organization and management for at least five years immediately
Preceding the date of his appointment

(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 office 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 adequate
facilities through the development of cooperatives and in providing access to
such 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
cooperative principles and methods in programs which the city mayor is

empowered to implement and which the sangguniang panlungsod is empowered
to provide;

(3) In addition to the foregoing duties and functions, the city Cooperatives officer
shall;

(i) Assist in the organization of cooperatives;

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

(iii) Assist cooperatives in establishing linkages with government agencies
and nongovernment organizations involved in the promotion and
integration of the concept of cooperatives in the livelihood of the people
and other community activities;

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

(5) Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters relative to cooperatives development and viability enhancement
which will improve the livelihood and the quality of life of the inhabitants, and


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

Sec. 45. The City Population Officer. (a) The city population officer must be a
citizen of the Philippines, a resident of Balamban City, of good moral character, a holder
of a college degree preferably with specialized training in population development from
a recognized college or university, and a first grade civil service eligible or its equivalent.
He must have acquired experience in the implementation of programs on population
development or responsible parenthood for at least five years immediately preceding
the date of his appointment.

(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 of the 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 the provision of adequate
facilities relative to the integration of 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 programs and projects which
the city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide; and

(3) In addition to the foregoing duties and functions, the city population officer shall:

(i) Assist the city mayor in the implementation of the constitutional provisions
relative to population development and the promotion of responsible
Parenthood;

(li) Establish and maintain an updated data bank for program operations,
development planning and an educational program to ensure the people's
Participation in and understanding of population development: and

(iii) Implement appropriate training programs responsive to the cultural
heritage of the inhabitants; and

(4) Perform such other duties and functions and exercise such other powers as

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

Sec. 46. The City Agriculturist. (a) The city agriculturist must be a citizen of the
Philippines, a resident of Balamban City, of good moral character, a holder of a college
degree preferably in agriculture or any other related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have
practiced his profession in agriculture or acquired the experience in a related field for at
least five years immediately preceding the date of his appointment

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


(c) The city agriculturist shall take charge of the office for the agricultural services and
shall:

(1) Formulate measures for the approval 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 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 sangguniang panlungsod is empowered to provide:

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

() 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 to be conducted location-specific 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 plant diseases and pests, and other agricultural
matters which will maximize productivity;

(ili) Assist the city mayor in the establishment and the extension services of
demonstration farms or aquaculture and marine products;

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

(v) Coordinate with government agencies and nongovernmental organizations
which promote agricultural productivity through appropriate technology
compatible with environmental integrity;

(4) Be in the frontline of the delivery of basic agricultural services, particularly those
needed for the survival of the inhabitants during and in the aftermath of man-
made and natural disasters or calamities:

(5) Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters relative 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 for under the Local Government Code, and those that are prescribed by
law or ordinance.

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

Sec. 47. The City Fire Station Service There shall be established in the City at
least one fire station with adequate personnel, fire fighting 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 land or site of the station.


The city fire station shall be responsible for the provision of various emergency
services such as the rescue and evacuation of injured people at fire-related incidents
and, in general, all fire prevention and suppression measures to secure the safety of life
and property of the citizenry.

Sec. 48. The City Jail Service. (a) There shall be established and maintained in
the City a secured, clean, adequately equipped and sanitary jail for the custody and
safekeeping of prisoners, any fugitive from justice or person detained awaiting
investigation or trial and/or violent mentally ill person who endangers himself or the
safety of others, duly certified as such by the proper medical health officer, pending the
transfer to a mental institution.

(b) The city jail service shall be headed by a city jail warden who must be a graduate of
a four-year course in psychology, psychiatry, sociology, nursing, social work or
criminology who shall assist in the immediate rehabilitation of individuals or detention of
prisoners. Great care must be exercised so that human rights of these prisoners are
respected and protected, and their spiritual and physical well-being are properly and
promptly attended to. Likewise, the City shall ensure that proper separate detention
centers for juveniles and women are provided for.

Sec. 49. The City Schools Division. (a) There shall be established and
maintained by the DepEd a city schools division of the Balamban City whose area of
jurisdiction will cover all the school districts within the City.

(b) The city schools division shall be headed by a city schools division superintendent
who must possess the necessary qualifications required by the DepEd

Sec. 50. The City Prosecution Service. (a) There shall be established in the City
a city prosecution service to be headed by a city prosecutor and such number of
assistant city prosecutors as may be necessary, who shall be organizationally part of
the Department of Justice (DOV), and under the supervision and control of the Secretary
of Justice and whose qualifications, manner of appointment, rank, salary and benefits
shall be governed by existing laws covering prosecutors in 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 shall render to or for the City such services as are required by
law, ordinance or regulation of the DOJ

The Secretary of Justice shall always ensure the adequacy and the quality of
Prosecution service in the City and, for this purpose, shall, in the absence or lack or
insufficiency in number of assistant city prosecutors as provided hereinabove, designate
from among the assistant provincial prosecutors a sufficient number to perform and
discharge the functions of the city prosecution service as provided hereinabove

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

Sec. 51. Municipal Ordinances Existing at the Time of the Approval of this
Act. All municipal ordinances of the Municipality of Balamban existing at the time of the
approval of this Act shall continue to be in force within the Balamban City until the
sangguniang panlungsod ordinance shall provide otherwise

Sec. 52. Plebiscite. The Balamban City shall acquire corporate existence upon
the ratification of its creation by a majority of the votes cast by the qualified voters in a
Plebiscite to be conducted in the present Municipality of Ralemban withis. thay 3
days from the approval of this Act The expenses for such plebiscite shall be borne by


the Municipality of Balamban. The Commission on Elections shall conduct and
‘supervise such plebiscite.

Sec. 53. Officials of the Balamban City. The present elective officials of the
Municipality of Balamban shall continue to exercise their powers and functions until
such time that a new election is held and the duly elected officials shall have already
qualified and assumed their offices. The appointive officials and employees of the
Municipality of Balamban shall likewise continue exercising their functions and duties
and they shall be automatically absorbed by the City Government of the Balamban City.

Sec. 54. Succession Clause. The Balamban City shall succeed to all the
assets, properties, liabilities and obligations of the Municipality of Balamban.

Sec. 55. Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Cebu. The qualified voters of the Balamban City shall be
qualified to vote and run for any elective position in the elections for provincial governor,

provincial vice governor, sangguniang panlalawigan members and other elective offices
for the Province of Cebu

Sec. 56. Jurisdiction of the Province of Cebu. The Balamban City shall,
unless otherwise provided by law, continue to be under the jurisdiction of the Province
of Cebu.

Sec. 57. Suspension of Increase in Rates of Local Taxes. No increase in the
rates of local taxes shall be imposed by the City within the period of five years from its
acquisition of corporate existence

Sect. 58. Representative District. Until otherwise Provided by law, the
Balamban City shall continue to be a part of the Third Congressional District of the
Province of Cebu.

Sec. 59. Limitation. Within three years from the approval of this Act, no new
face track, jai-alai fronton, gambling casino or cockpit shall be licensed or allowed to
operate in the City.

Sec. 60. Reservation. Nothing herein contained shall preclude the determination
by the appropriate agency or forum of boundary disputes or cases involving questions
Of territorial jurisdiction between the Balamban City and any of the adjoining local
government units even after the effectivity of this Act.

Sec. 61. Applicability of Laws. The provisions of Republic Act No. 7160
Otherwise known as the Local Government Code of 1991, and other laws pertaining to
the Province of Cebu and such laws as are applicable to cities shall govern the
Balamban City insofar as they are not inconsistent with the provisions of this Act

Sec. 62. Compliant to Republic Act No. 9009 The Balamban City shall be in
compliant to the income requirement prescribed under Republic Act No. 9009

Sec. 63. Separability Clause. If, for any reason or reasons, any part or provision
of this Charter shall be held unconstitutional, invalid or inconsistent with the Local
Government Code of 1991, the other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect. Moreover, in cases where this
Charter is silent or unclear, the pertinent provisions of the Local Government Code shall
govern, if so provided therein

Sec. 64. Effectivity. This Act shall take effect fifteen (15) days after its complete
Publication in at least two newspapers of general and local circulation

Approved,