ed RECEIVED ~.
3 ATECT CT 12 20

2) am

Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7861

Introduced By: Representative Noel L. Villanueva

EXPLANATORY NOTE

‘The Municipality of Capas is a first class municipality and one of the richest towns in the
Province of Tarlac. The numerous subdivisions and executive villages in this burgeoning
municipality have made Capas an ideal dwelling for a large number of professionals and skilled
workers employed in government agencies and corporate offices in Central Luzon.

‘Once known in history as the site of the infamous Death March Concentration Camp
during World War Il, the Municipality of Capas now is a picture of affluence as it is a gracious host
to several multi-billion pesos establishments like the New Clark City, the Athletic Village, and the
new government action center. Its strategic location has made international and local travels
more accessible as the four-lane 93.77 kilometers expressway north of Manila more popularly
known as the Subic-Clark-Tarlac Expressway (SCTEX) passes through this progressive
municipality, which is also home to Clark International Airport.

The population of the Municipality of Capas has grown tremendously over the years due
to heavy migration from nearby municipalities and neighboring provinces in the region. Its
proximity to commercial centers in the Provinces of Pampanga and Tarlac has also attracted
thousands of individuals and industrial firms in the Central Luzon area. The student population in
Capas has also increased by leaps and bounds and they can now acquire good quality education
from the city’s public and private schools and educational institutions offering pre-elementary,
elementary, secondary, vocational, collegiate, and graduate courses.

This phenomenon has dramatically changed the life and culture in Capas. It is no longer
the Capas of rustic and rural character but a Capas that has all the amenities of a highly urbanized
city bustling with industrial and commercial establishments which can be found in other modern
cities in the Philippines today. It is now being dubbed as the “Tourism and Agro-Industrial Capital
of the Province of Tarlac.”


Having all the amenities of a cosmopolitan living has however, put tremendous pressure
upon the Municipal Government of Capas to deliver basic services, not only to make every family
living in Capas enjoy a good quality of life, but also to thousands of transients and visitors to have
a safe and pleasant stay in this burgeoning municipality. It has become imperative therefore for
Capas to generate as much resources it urgently needs to be able to fund every activity, project
or program that will redound to the benefit of its own population.

The conversion of the Municipality of Capas into a component city, and the accruing
benefits from such conversion, will certainly enable the local government to effectively and
adequately respond to the requirements of Capas residents. With more resources a city, the local
government's capability to sustain its momentum for growth and progress will be enhanced.

This bill therefore seeks to convert the Municipality of Capas into a component city of the
Province of Tarlac as a concrete gesture to the growing clamor of the people, and officials of the
Municipal Government of Capas, and to the favorable endorsement made by the Sangguniang
Panlalawigan of the Province of Tarlac through Sanggunian Panlalawigan Resolution No. 195-
2020.

The foregoing reasons warrant the immediate approval of this bill.
NOEL L. VILLANUEVA

Representative
Third District, Tarlac


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bit No. 7861

Introduced By: Representative Noel L. Villanueva

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

Be it enacted by the Senate and 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 City of Capas."

SEC. 2. The City of Capas— The Municipality of Capas shall be converted into a component
city to be known as the City of Capas, hereinafter referred to as the City, which shall comprise
the present jurisdiction of the Municipality of Capas, Province of Tarlac.

The territorial jurisdiction of the City shall be within the present metes and bounds of the
Municipality of Capas.

‘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 Capas and the adjoining local government units (LGUs): 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 pertains 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;

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

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

(f) To exercise such other powers, prerogatives or authority subject to the limitations
provided under Republic Act No. 7160, otherwise known as the Local Government
Code of 1991, as amended, this Act or laws.


SEC. 4. General Powers — The City shall have a common seal and may alter the same at
pleasure: Provided, That any change of corporate seal shall be registered with the Department
of the Interior and Local Government (DILG). It shall exercise the powers to levy taxes, fees and
charges; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive,
hold, lease, convey and dispose of real and personal property for the general interests of the City;
to expropriate or condemn private property for public use; to contract and be contracted with,
to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the
City is involved or interested in; and to exercise all the powers as are granted to corporations or
as hereinafter granted.

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

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

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

SEC. 7. Jurisdiction of the City - The jurisdiction of the 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 City of Capas and the city or municipal courts of the adjoining cities
and municipalities shall have concurrent jurisdiction to try crimes and misdemeanors committed
within the said drainage area or areas within said spaces of one hundred meters (100 m.) of any
reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water
service delivery.

The court first taking jurisdiction of such offense an offense shall have ju ion to try
cases to the exclusion of others. The police forces of the municipalities and cities concerned shall
have concurrent jurisdiction with the police forces of the City for the maintenance of good order
and the enforcement of ordinances throughout said zone, area or space. Any license that may
be issued within said zone, area or space shall be granted by the proper authorities of the city or
municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said
city or municipality concerned and not to the City.

ARTICLE II
CITY OFFICIALS IN GENERAL

SEC. 8. The Officials of the City of Capas — (a) There shall be in the City of Capas: 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 and a city general services officer.


(b) In addition thereto, the City Mayor may appoint a city environment and natural
resources officer, city architect, a city information officer, a city cooperatives officer, a city
population officer and a city agriculturist;

{c) The Sangguniang Panlungsod may:

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

(2) Create such other offices as may be necessary to carry out the purposes of the
city government; 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 Sangguniang
Panlungsod members, subject to civil service law, rules and regulations. The Sangguniang
Panlungsod shall act on the appointment within fifteen (15) days from the day of its submission,
otherwise the same shall be deemed confirmed.

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

ARTICLE III
‘THE CITY MAYOR AND CITY VICE MAYOR

SEC. 9, The City Mayor — (a) The City Mayor shall be the chief executive of the City and
shall be elected at large by the qualified voters of the City.

The City Mayor shall, at the time of the election, be at least twenty-one (21) years of age,
a resident of the City for at least one (1) year immediately preceding the day of the election, a
qualified registered voter therein and is able to read and write Filipino or any local language or
dialect.

The City Mayor, who shall hold office for three (3) years, unless sooner removed, and shall
not serve for more than three (3) consecutive terms in the same position, shall receive a
minimum monthly compensation corresponding to Salary Grade thirty (30) as prescribed under
Republic Act No. 6758, as amended, otherwise known as the “Compensation and Position
Classification Act of 1989”, and the implementing guidelines issued pursuant thereto and such
other compensation, emoluments and allowances as may be determined by law.

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

(c) 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 general supervision and control over all programs, projects, services,
and activities of the city government and, in this connection, shall:

(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)

(iv)

)

(vi)

(vii)

(viii)

(ix)

(x)

(xi)

(xii)

(xii)

(xiv)

(xv)

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;

Initiate and propose legislative measures to the Sangguniang
Panlungsod 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;

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

Represent the City in all its business transactions and sign in its behalf
all bonds, contracts, obligations, and such other documents upon the
authority of the Sangguniang Panlungsod or pursuant to law or
ordinance;

Carry out such emergency measures as may be necessary during and
in the aftermath of man-made and natural disasters and calamities;
Determine the time, manner and place of payment of salaries or
wages of the officials and employees of the City, in accordance with
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 the
Local Government Code of 1991, as amended, 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 official duties;

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

Furnish copies of executive orders issued by the City Mayor to the
office of the provincial governor within seventy-two (72) hours after
their issuance;

Visit component barangays of the City at least once every six (6)
months to deepen his understanding of problems and conditions,
listen and give appropriate counsel to local officials and inhabitants,
inform component barangay 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 appointed officials and employees on 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 a period not exceeding thirty (30) days: Provided, that trips
abroad for a longer period may be authorized in accordance with the
Local Government Code of 1991, as amended;


(xvi) Call upon any national official or employee stationed in or assigned

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

(xvii) Authorize payment for medical care, necessary transportation,

subsistence, hospital or medical fees of city officials and employees
who are injured while in the performance of their official duties and
functions, subject to availability of funds;

(xviii) Solemnize marriages, any provision of law to the contrary

notwithstanding;

(xix) Conduct an annual palarong panlungsod which shall feature

(xx)

(2) Enforce

traditional sports and disciplines included in national and
international games, in coordination with the Department of
Education (DepEd); and

Submit to the provincial governor the following reports: an annual
report containing a summary of all matters pertinent to the
management, administration and development of the City and all
information and data relative to its political, social and economic
conditions; 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.

all laws and ordinances relative to the governance of the City and in

the exercise of its appropriate powers as well as implement all approved policies,
programs, projects, services and activities of the City and in addition to the foregoing,

shall:

(i)

(iii
(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 provincial and national
officials and employees stationed in or assigned to the City, at such
time and place and on such subject one 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 the territorial
jurisdiction of the City;

Act as the deputized representative of the National Police
Commission, formulate the peace and order plan of the City, upon its
approval, implement the same; and as such, exercise general and
‘operational control and supervision over the police forces in the City
in accordance with Republic Act No. 6975, otherwise known as the
“Department of the Interior and Local Government Act of 1990"; and,
Call upon the 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 the resources and revenues programmed for agro-industrial development
and countryside growth and progress, and relative thereto, 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 with the budget preparation process enshrined under the
Local Government Code of 1991;

(ii) 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, as
amended;

(iii) 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;

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

(v) Issue permits without need of approval therefor 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;

(vi) Require owners of illegally constructed houses, buildings or other
structures to obtain the necessary permits, subject to such fines and
penalties as may be imposed by law or 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;

(vii) Adopt adequate measures to safeguard and conserve land, mineral,

forest, marine and other resources of the City;

(viii) Provide efficient and effective property and supply management in
the city; and protect the funds, credits, rights and other properties of
the City; and

(ix) 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:

(i) 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 of the
province; and,

(ii) Coordinate the implementation of technical services, including public
works and infrastructure programs, rendered by national offices and
provincial office.

(5) Exercise such other powers and perform such other duties and functions as
provided under the Local Government Code of 1991, and those that are prescribed by law

or ordinance.

(d) The City Mayor shall hold office in the City Hall.


SEC. 10. The City Vice Mayor — (a) There shall be a City Vice Mayor who shall be elected
in the same manner as the City Mayor and shall at the time of the election possess the same
qualifications as the City Mayor. The City Vice Mayor shall hold office for three (3) years, unless
sooner removed, and shall receive a monthly compensation corresponding to salary grade
twenty-six (26) as prescribed under the “Compensation and Position Classification Act of 1989”,
and the implementing guidelines issued pursuant thereto, and such other compensation,
emoluments and allowances as may be determined by law.

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

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

(2) Subject to civil service law, rules and regulations, appoint all officials and
employees including the secretary of the Sangguniang Panlungsod, except
those whose manner of appointment is specifically provided under the Local
Government Code of 1991, as amended;

(3) Assume the office of the City Mayor for the unexpired term of the latter in
the event of permanent vacancy as provided under the Local Government
Code of 1991, as amended;

(4) Exercise the powers and perform the duties and functions of the City Mayor
in cases of temporary vacancy as provided under the Local Government Code
of 1991, as amended; and

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

ARTICLE IV
‘THE SANGGUNIANG PANLUNGSOD

SEC. 11. Composition — (a) The Sangguniang Panlungsod, the legislative body of the City,
shall be composed of the City Vice Mayor as the presiding officer, ten (10) 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 three (3) sectoral
representatives from the following sectors, as members: one (1) from the women sector; and, as
shall be determined by the Sangguniang Panlungsod within ninety (90) days prior to the holding
of the local elections, one (1) from the agricultural or industrial workers sector; and one (1) from
the other sectors, including the urban poor, indigenous cultural communities, or persons with
disabilities (PWDs).

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

Sec. 12. 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 of 1991, as amended, and in the proper exercise of the corporate powers of
the City as provided under Section 22 of the Local Government Code, as amended, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and
effective city government and relative hereto shall:

i. Review all ordinances approved by the Sangguniang Barangay and
executive orders issued by the Punong Barangay to determine


whether these are within the scope of the prescribed powers of the
Sangguniang Barangay and of the Punong Barangay;

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

ili, Approve ordinances imposing a fine not exceeding Five thousand pesos
(P5,000) or an imprisonment for a period not exceeding one (1) year,
or both at the discretion of the court, for violation of a city ordinance;

iv. Adopt measures to protect the inhabitants of the City from the harmful
effects of man-made or natural disasters and calamities, and to provide
relief services and assistance for victims during and in the aftermath of
said disasters or calamities and in their return to productive livelihood
following said events;

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

vi, 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 the 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 siltation
of rivers and lakes or of ecological imbalance;

vii. Subject to the provisions of the Local Government Code of 1991 and
the pertinent laws, determine the powers and duties of officials and
‘employees of the City;

viii. 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;

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

x. Provide a mechanism and the appropriate funds therefor, to ensure
the safety and 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, 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 Ci



xii, 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

xiii, 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, as provided under the
Local Government Code of 1991, as amended, with particular attention to agro-industrial
development and city-wide growth and progress, and relative thereto, shall:

i. 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;

ii, Subject to the provisions of Book II of the Local Government Code of
1991, as amended, and applicable laws and upon the majority vote of
all the members of the Sangguniang Panlungsod, enact ordinance
levying taxes, fees and charges, prescribing the rates thereof for
general and specific purposes and granting tax exemptions, incentives
or relief

ili. Subject to the provisions of Book II of the Local Government Code of
1991, as amended, 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;

iv. Subject to the provisions of Book II of the Local Government Code of
1991, as amended, 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;

v. 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;

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

vii. Adopt a comprehensive land use plan for the City: Provided, That the
formulation, adoption or modification of said plan shall be in
coordination within the approved provincial comprehensive land use
plan;

viii, Reclassify lands within the jurisdiction of the City subject to the
pertinent provisions of the Local Government Code of 1991, as
amended;

ix. Enact integrated zoning ordinance 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 of the Philippines;

x. 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



xi.

xii.

xiii.

xiv.

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 I! of the Local Government Code of
1991, as amended, grant the exclusive privilege of constructing fish
corrals or fish pens, or the taking or catching of bangus fry, prawn fry
or kawag-kawag, or fry of any species of fish within the city 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 of 1991, as
amended;

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 the Local Government Code of 1991, as amended,
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:

iii.

vi.

vii.

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

Subject to the guidelines prescribed by the Department of
Transportation (DOTr), 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 a 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 said purpose, shall:


iii.

vi.

viii.

Declare, prevent or abate any nuisance;

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

Require that buildings and the premises thereof and any land 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 concerned 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 halls, public dancing schools, public
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;

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

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.

(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 of 1991,
as amended, and in addition to said services and facilities, shall:

Provide for the establishment, maintenance, protection and
conservation of communal forest and watersheds, tree parks,
greenbelts, mangroves and other similar forest development projects;
Establish markets, slaughterhouses or animal corrals and authorize the
operation thereof by the city government; and regulate the
construction and operation of private markets, talipapas or other
similar buildings and structures;

Authorize the establishment, maintenance and operation by the city
government of ferries, wharves, and other structures intended to
accelerate productivity related to marine and seashore or offshore
ies in the preservation thereof;



vi.

vii.

xi.

xii.

xiii.

xiv.

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 City’s 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 territories within the drainage area of
said water supply and within 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
therefore;

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
Technical Education and Skills Development Authority (TESDA), as the
case may be, 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 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; prohibit littering and the placing or throwing
of garbage, refuse and other filth and wastes;

Provide for the care of persons with disabilities (PWDs), paupers, the
elderly, 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 availability of funds, establish
and provide for the operation of centers and facilities for the said
needy and disadvantaged persons;

xv. 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;

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

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

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

ARTICLE V
PROCESS OF LEGISLATION

SEC. 13. Internal Rules of Procedure ~ (a) On the first regular session following the
election of its members and within ninety (90) days thereafter, the Sangguniang 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 the committees on
Appropriations, Revenues, Engineering and Public Works, Education and
Health, Women and Family, Human Rights, 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 (4) 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 a member
convicted by final judgment to imprisonment of at least one (1) 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. 14. 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 their business and financial interests. Such disclosure shall also include a
professional relationship or any relation by affinity or consanguinity within the fourth civil


degree, which a sanggunian member may have with any person, firm or entity affected by any
ordinance or resolution under consideration by the Sanggunian and 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 the
situation, "conflict of interest" refers to a situation where it may be reasonably deduced that a
member of the Sanggunian may not act in the public interest due to some private, pecuniary or
other personal considerations that may tend to affect the exercise of judgment to the prejudice
of the service or the public.

(b) The disclosure required under this Act shall be made in writing and submitted to the
secretary of the Sanggunian or the secretary of the concerned committee. 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. 15. 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 and twice a month for the Sangguniang Barangay.

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

(c) All Sanggunian 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 (2) sessions, regular
or special, may be held in a single day.

(d) In the case of special sessions of the Sanggunian, a written notice to the members
shall be served personally at the members' usual place of residence at least twenty-four (24)
hours before the special session is held.

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

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

SEC. 16. 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
as a 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 City of Capas, 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. 17. Approval of Ordinances - (a) Every ordinance enacted by the Sangguniang
Panlungsod shall be presented to the City Mayor. If the City Mayor approves the same, the
signature shall be affixed on each and every page thereof; otherwise, the ordinance shall be
vetoed and returned the same with statements on the objections to the Sanggunian, which may
proceed to reconsider the same. The Sanggunian may override the veto of the City Mayor by
two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for
all 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 it had been signed.

SEC. 18. 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 the reasons for the veto 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 and
public investment program or an ordinance directing the payment of money or creating liability.
In such case, the veto shall not affect the item or items which are not objected to. The vetoed
item or items shall not take effect unless the Sangguniang Panlungsod overrides the veto in the
manner herein provided; otherwise, the item or items in the appropriations ordinance of the
previous year corresponding to those vetoed, if any, shall be deemed re-enacted.

(c) The City Mayor may veto an ordinance or resolution only once. The 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. 19. Review of City Ordinances by the Sangguniang Panlalawigan — (a) Within three
(3) 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 of ten (10) days from receipt of the documents, inform
the Sangguniang Panlalawigan in writing of the 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 concerned, 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.

(d) 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. 20. Review of Barangay Ordinances by the Sangguniang Panlungsod — (a) Within
ten (10) days after their enactment, the Sangguniang Barangay shall furnish copies of all
barangay ordinances to the Sangguniang Panlungsod for review as to whether the ordinance is
consistent with law or 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) lf 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. 21. Enforcement of Disapproved Ordinances or Resolutions - Any attempt to
enforce any ordinance or any resolution approving the local development plan and public
investment program, after the disapproval thereof, shall be sufficient ground for the suspension
or dismissal of the official or employee concerned.

SEC. 22. Effectivity of Ordinances or Resolutions — (a) Unless otherwise stated in the
ordinance or the resolution approving the local development plan and public investment
program, the same shall take effect after ten (10) days from the date a copy thereof is posted in
a bulletin board at the entrance of the City Hall of Capas, and in at least two (2) other conspicuous
places in the City of Capas not later than five (5) days after approval thereof.

(b) The secretary of 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 (2)
conspicuous places in the City not later than five (5) days after approval thereof.

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

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

ARTICLE VI
DISQUALIFICATIONS AND SUCCESSION FOR ELECTIVE CITY OFFICIALS

SEC. 23. Disqualifications for Elective City Officials - The following persons are
disqualified from running for any elective position in the City:

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

(b) Those removed from office as a result of an administrative case;

(c)_ Those convicted by final judgment for violating the oath of allegiance to the Republic
of the Philippines;

(d) Those with dual citizenship;

(e) Fugitives from justice in criminal or nonpolitical cases here and abroad;

(f) Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of the Local
Government Code of 1991, as amended; and

(g) The insane or feeble-minded.

SEC. 24. Permanent Vacancy in the Offices of the City Mayor and 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 the latter’s permanent incapacity, the
second highest ranking Sangguniang Panlungsod member shall become the City Mayor or City
Vice Mayor, as the case may be. Subsequent vacancies in the said offices shall be filled
automatically by the other Sanggunian members according to their ranking as defined under the
Local Government Code of 1991, as amended.

(b) If a permanent vacancy occurs in the office of the Punong Barangay, the highest
ranking Sangguniang Barangay member or, in case of the latter’s incapacity, the
second highest Sanggunian member shall become the Punong Barangay.

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

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


(e) For purposes of this Act, a permanent vacancy arises when an elective local official
fills in 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 the office.

(f) For purposes of succession as provided 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 in the immediately
preceding local election.

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

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

(2) Only the nominee of the political party under which the Sanggunian member
concerned had been elected and whose elevation to the position next higher
in rank created the last vacancy in the Sanggunian shall be appointed in the
manner provided herein. 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 therefore;

(3) In case the permanent vacancy is caused by a Sanggunian member who does
not belong to any political party, the City Mayor shall, upon recommendation
of the Sangguniang Panlungsod, appoint a qualified person to fill the vacancy;
and

(4) 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 concerned.

SEC. 26. Temporary Vacancy in the Office of the City Mayor — (a) When the City Mayor
is temporarily incapacitated to perform the duties for physical or legal reasons such as leave of
absence, travel abroad and suspension from office, the City Vice Mayor or the highest ranking
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.

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

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

(d) If the City Mayor fails or refuses to issue such authorization, the City Vice Mayor or
the highest ranking Sangguniang Panlungsod member, as the case maybe, shall have the right to
assume the powers, duties and functions of the said office on the fourth (4th) day of absence of
the City Mayor, subject to the limitations provided in subsection (c) hereof.

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



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

SEC. 27. The Secretary to the Sangguniang Panlungsod - (a) There shall be a secretary
of the Sangguniang Panlungsod who shall be a career official with the rank and salary equal to a
head of a department or office.

(b) The Secretary to the Sangguniang Panlungsod must be a citizen of the Philippines, a
resident of the City of Capas, 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 it with signature to all ordinances,
resolutions, and other official acts of the Sangguniang Panlungsod and present
the same for the signature of the presiding officer;

(3) Forward to the City Mayor, for approval, copies of ordinances enacted by the
Sangguniang Panlungsod duly certified by the presiding officer, in the manner
provided in Section 54 of the Local Government Code of 1991, as amended;

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

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

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

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

(8) Translate 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 under the
Local Government Code of 1991, as amended;

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

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

provided under the Local Government Code of 1991, as amended, and those
that are prescribed by law or ordinance.

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

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

(c) The City Treasurer must be a citizen of the Philippines, a resident of the City of Capas,
of good moral character, a holder of a college degree in commerce, public administration or law
from a recognized college or university, a first grade civil service eligible or its equivalent and
must have acquired for at least five (5) years experience in treasury or accounting service.


(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)

(2)
(3)

(4)

(5)
(6)

Advise the City Mayor, the Sangguniang Panlungsod and other local
government and national officials concerned regarding the disposition of
local government funds and on such other matters relative to public finance;
Take custody and exercise proper management of the funds of the City;
Take charge of the disbursement of all funds of the City and such other funds
the custody of which may be entrusted to the City Treasurer by law or other
competent authority;

Inspect private commercial and industrial establishments within the
jurisdiction of the City in relation to the implementation of tax ordinances
pursuant to the provisions of the Local Government Code of 1991, as
amended;

Maintain and update the tax information system of the City; and

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

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

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

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

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

(9)

Ensure that all laws and policies governing the appraisal and assessment of
real properties for taxation purposes are properly executes
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;

Establish a systematic method of real property assessment;

Install and maintain real property identification and accounting systems;
Prepare, install and maintain a system of tax mapping, showing graphically
all properties subject to assessment and gather all data concerning the
same;

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

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

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;

(11) Attend personally or through an authorized representative all sessions of the

Local Board of Assessment Appeals whenever the assessment is subject of
the appeal, and present or submit any information or record in the
possession as may be required by the Board; and


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

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

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

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

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

(2) Prepare and submit financial 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 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 liquidation 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 theret

(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 under the Local Government Code of 1991, as amended, and those
that are prescribed by law or ordinance.

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

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

(c) 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
appropriation 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 annual budget and during and
after budget hearings;

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


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

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

(7) Assist the Sangguniang Panlungsod in reviewing the approved budgets of
component barangays;

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

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

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 the City of Capas, of good
moral character, a holder of a college degree preferably in urban planning, development studies,
economics, public administration, or in any related course from a recognized college or
university, a first grade civil service eligible or its equivalent, and must have acquired at least five
(5) years experience in development planning or in any related field immediately preceding the
date of the appointment.

(b) The City Planning and Development Officer shall receive such compensation,
emoluments and allowances as may be determined by 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 City as provided under the Local Government Code of 1991;

(7) Promote people's participation in development planning within the City;

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

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

SEC. 33. The City Engineer — (a) The city engineer must be a citizen of the Philippines, a
resident of the City of Capas, of good moral character, a licensed civil engineer and must have
acquired at least five (5) years experience in the practice of profession.

(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 investigation and survey,
engineering designs, feasibility studies and project management; and

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

SEC. 36. The City Health Officer — (a) The City Health Officer must be a citizen of the
Philippines, a resident of the City of Capas, of good moral character, a licensed medical
practitioner, and must have acquired at least five (5) years experience in the practice of
profession.

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

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

(1) Supervise the personnel and staff of the said office, formulate program
implementation guidelines and rules and regulations for the operation of the
said office for the approval of the city mayor in order to assist him in the
efficient, effective and economical implementation of health service program
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

ies to ensure the delivery of basic services and provision of adequate

ies relative to health services provided under Section 17 of the Local
Government Code of 1991, as amended;

(3) Develop plans and strategies, and upon approval thereof by the City Mayor,
implement these with the health programs and projects which the City Mayor
is empowered to implement and which the Sangguniang Panlungsod is
empowered to provide under the Local Government Code of 1991, as
amended;

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

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

(ii) Advise the City Mayor and the Sangguniang Panlungsod on matters
pertaining to health;

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

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

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

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

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

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

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


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

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

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

(c) The city civil registrar shall be responsible for the civil registration program in the City
of Capas, 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 under the Local Government Code of
1991, as amended;

(2) In addition to the foregoing duties and functions, the City Civil Registrar shall:

(i) Accept all registrable documents and judicial decrees affecting the civil
status of persons;

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

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

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

(v) Issue certified transcripts or copies of any certificate or registered
documents upon payment of the required fees to the city treasurer;

(vi) Receive applications for the issuance of a marriage license and, after
determining that the requirements and supporting certificates and
publication thereof for the prescribed period have been complied
with, issue the license upon payment of the authorized fee to the City
Treasurer; and

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

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

SEC. 38, The City Administrator — (a) The city administrator must be a citizen of the
Philippines, a resident of the City of Capas, 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, a first grade civil service eligible or its equivalent, and must have acquired at least five
(5) years experience in management and administrative work.

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

(c) The City Administrator shall receive such compensations, emoluments and allowances

as may be determined by law.

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


(1) Develop plans and strategies and upon approval thereof by the City Mayor,
implement the same, particularly those which have 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 under the Local Government Code of
1991, as amended;

(2) Assist in the coordination of the work of all the officials of the City under the
supervision, direction and control of the City Mayor, and for this purpose, may
convene the chiefs of offices and other officials of the local government unit;

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

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

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

(6) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all
matters relative to the management and administration of the City; and

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

SEC. 39. The City Legal Officer — (a) The city legal officer must be a citizen of the
Philippines, a resident of the City of Capas, of good moral character, a member of the Philippine
Bar, and must have practiced the profession for at least five (5) years.

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

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

(d) The city legal officer, the chief legal counsel of the City, shall take charge of the Office
of the City 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 provisions 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 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) Represent the City in all civil actions and special proceedings wherein the local
government unit or any official thereof, in official capacity, is a party: Provided,
That, in actions or proceedings where the City of Capas 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;

(4) When required by the City Mayor or Sanggunian, draft ordinances, contracts,
bonds, leases and other instruments involving any interest of the City and
provide comments and recommendations on any instruments already drawn;

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

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

(7) Investigate or cause to be investigated any person, firm or corporation holding
any franchise of exercising any public privilege for failure to comply with any
term or condition in the grant of such franchise or privilege, and



recommending appropriate action to the City Mayor or Sanggunian, as the
case may be;

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

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

(10) Recommend measures to the Sangguniang Panlungsod and advise the City
Mayor on all matters related to upholding the rule of law;

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

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

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 the City of Capas, of
good moral character, a duly licensed social worker or a holder of a college degree preferably in
social work, sociology, or any other related course from a recognized college or university, a first
grade civil service eligible or its equivalent, and must have acquired at least five (5) years
experience in the practice of social work immediately preceding the date of appointment.

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

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

(1) Formulate measures for the approval of the Sangguniang Panlungsod and
provide technical assistance and support to the City Mayor in carrying out
measures to ensure delivery of basic services and provision of adequate
facilities relative to social welfare and development services;

(2) Develop plans and strategies, and upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with social welfare
programs and projects which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide;

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

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

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

(6) Facilitate the implementation of welfare programs for the disabled, elderly
and victims of drug addiction, the rehabilitation of prisoners and parolees,
the prevention of juvenile delinquency and such other activities which would
eliminate and minimize the ill-effects of poverty;

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

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

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


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

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

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

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

(c) The city veterinarian shall take charge of the Office of the 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 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) Advise the City Mayor on all matters pertaining to the slaughter of animals for
human consumption and the regulation of slaughterhouses;

(4) Regulate the keeping of domestic animals;

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

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

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

(8) Be in the frontline of veterinary-related activities, such as the outbreak of
highly contagious and deadly diseases and in situations resulting in the
depletion of animals for work and for human consumption, particularly those
arising from and in the aftermath of man-made and natural disasters or
calamities;

(3) Recommend to the Sangguniang Panlungsod and advise the city mayor on all
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 human consumption; and

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

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

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

(c) The city general services officer shall take charge of the Office of the 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 provision of adequate
facilities that require general services expertise in technical support services;


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

(3) Take custody of 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;

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

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

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

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

(8) Collate and disseminate information regarding prices, shipping and other
costs of supplies and other items commonly used by the local government
unit;

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

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

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

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

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

SEC. 41. The City Environment and Natural Resources Officer — (2) The city environment
and natural resources officer must be a citizen of the Philippines, a resident of the City of Capas,
of good moral character, a holder of a college degree preferably in environment, forestry,
agriculture or any other related course from a recognized college or university, a first grade civil
service eligible or its equivalent and must have acquired at least five (5) years experience in the
environment and natural resources management, conservation and utilization work.

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

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

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

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


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

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

(5) Manage and maintain seed banks and produce seedlings for forest and tree
parks;

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

(7) Coordinate with 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 (DENR);

(8) 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
and calamities;

(9) 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

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

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

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

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

(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and provision of adequate
facilities relative to 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;

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

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

(5) Coordinate with government and non-government entities and individuals
involved in the aesthetics and the maximum utilization of the land and water



within the jurisdiction of the local government unit, to implement plans and
programs that shall preserve environmental integrity and ecological balance.

(6) Be in the frontline of the delivery of services involving architectural planning
and design, particularly those related to the redesigning of spatial distribution
of basic facilities and physical structures during and in the aftermath of man-
made and natural disasters or calamities;

(7). Recommend to the Sangguniang Panlungsod and advise the City Mayor on all
matters relative to architectural planning and design as it relates to the total
socio-economic development of the City;

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

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

(b)
(c)
(a)

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

The term of the city information officer shall be coterminous with that of the
appointing authority;

The city information officer shall take charge of the Office 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 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) Provide relevant, adequate and timely information to the local government
unit and its residents;

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

(5) 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 City's
inhabitants and encourage support for programs of the local and national
government.

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

(7) Recommend to the 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

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


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

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

(c) The city cooperatives officer shall take charge of the 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 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 cooperatives principles and methods in programs which the City Mayor is
empowered to implement and which the Sangguniang Panlungsod is
empowered to provide;

(3) Assist in the organization of cooperatives;

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

(5) 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.

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

(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all
other matters relative to cooperatives development and viability
enhancement which will improve the livelihood and quality of life of the
inhabitants; and

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

SEC. 47. The City Population Officer — (a) The city population officer must be a citizen of
the Philippines, a resident of the City of Capas, of good moral character, a holder of a college
degree preferably with specialized training in population development from a recognized college
or university, a first grade civil service eligible or its equivalent and must have at least five (5)
years experience in the implementation of programs on population development or responsible
parenthood.

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

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

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


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

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

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

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

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

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

(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 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
said measures to ensure the delivery of basic services and provision of
adequate facilities relative to agricultural services;

(2) Develop plans and strategies, and upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with agricultural
programs and projects which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide;

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

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

(ii) Conduct or cause 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 productivit

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

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

(V) Coordinate with government agencies and non-governmental
organizations which promote agricultural productivity through
applied 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 City’s inhabitants during and in the
aftermath of man-made and natural disasters and calamities;


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

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

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

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

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

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

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

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

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

‘SEC. 48. The City Fire Station Service — (a) There shall be established in the City at least
one (1) fire station with adequate personnel, firefighting facilities and equipment, subject to the
standards, rules and regulations that may be promulgated by the Department of the Interior and
Local Government (DILG). The City shall provide the necessary site of the station.

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

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

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

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


SEC. 50. The City Schools Division — (a) The Department of Education (DepEd) shall
establish and maintain a city schools division of the City of Capas whose area of jurisdiction will
cover all the school districts within the City; and

(b) The city schoo! division shall be headed by a City Schools Division Superintendent who
must possess the necessary qualifications required by the DepEd.

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

(b) The City Prosecutor shall handle the criminal prosecution in the municipal trial courts
in the City as well as in the regional trial courts for criminal cases originating in the territory of
the City, and 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 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. 52. Municipal Ordinances Existing at the Time of the Approval of this Act ~ All
municipal ordinances of the Municipality of Capas existing at the time of the approval of this Act
shall continue to be in force within the City of Capas until the Sangguniang Panlungsod shall
provide otherwise.

SEC. 53. Plebiscite — The City of Capas 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 Capas within ninety (90) days from the approval of
this Act.

The Commission on Elections (COMELEC) shall conduct and supervise such plebiscite.

The expenses for such plebiscite shall be borne by the Municipality of Capas.

SEC. 54. Officials of the City of Capas - The present elective officials of the Municipality
of Capas 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.
Appointive officials and employees of the Municipality of Capas shall likewise continue exercising
their functions and duties and they shall automatically be absorbed by the city government of
the City of Capas.

SEC. 55. Succession Clause — The City of Capas shall succeed to all the assets, properties,
liabilities and obligations of the Municipality of Capas.

SEC. 56. Election of Provincial Governor and Sangguniang Panlalawigan Members of
the Province of Tarlac - The qualified voters of the City of Capas 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 Tarlac.

SEC. 57. Jurisdiction of the Province of Tarlac — The City of Capas shall, unless otherwise
provided by law, continue to be under the jurisdiction of the Province of Tarlac.

SEC. 58. 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 (5) years from its acquisition of
corporate existence.


SEC. 59. Legislative District - Until otherwise provided by law, the City of Capas shall
continue to be a part of the Third Legislative District of the Province of Batangas.

SEC. 60. Applicability of Laws — The provisions of the Local Government Code of 1991,
‘as amended, and such other laws as are applicable to component cities shall govern the City of
Capas insofar as they are not inconsistent with the provisions of this Act.

SEC. 61. 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, as amended, the other parts or provisions hereof which are not affected shall continue to
be in full force and effect.

SEC. 62. Effectivity — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,