Republic of the Philippines
HOUSE OF REPRESENTATIVES

> RECEIVED
Quezon City, Metro Manila ied

DME

Seventeenth Congress
First Regular Session

5502

House Bill No.

Introduced by Honorable Roy M. Loyola and Honorable Ronaldo B. Zamora

EXPLANATORY NOTE

Article X, Section 10 of the 1987 Constitution provides for the creation, abolition
and division of local government units (LGU), to wit:

“No province, city, municipality or barangay may be created,
divided, merged, abolished, or its boundary substantially altered, except in
accordance with the criteria established in the local government code and
Subject to approval by a majority of the votes cast in a plebiscite in the
Political units directly affected.”

Under the Local Government Code (LGC), political subdivisions shall enjoy
genuine and meaningful local autonomy to enable them to attain. their fullest
development as self-reliant communities and make them more effective partners in the
attainment of national goals. Toward this end, the State shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization whereby local government units shall be given more powers, authority,
responsibilities and resources. The process of decentralization shall proceed from the
National Government to the local government units. [Section 2(a), LGC]

As such, the main criterion for conversion of a municipality into a city under the
LGC is the proposed city’s economic viability, i.e., its capacity to provide for public
services to its inhabitants and its ability to fulfill its role as partner of the national
government in the attainment of national development goals, The proposed city’s
average annual locally generated income is the most accurate and concrete indicator of
its economic viability. Other indicators such as population and land area are merely
secondary and have no direct relation to its viability. (Navarro vs. Executive Secretary,

KEPREY,
vw 2)

A)
~


G.R. No. April 12, 2011; and League of Cities of the Philippines vs. COMELEC, G.R.
No. 176951, April 12, 2011)

The Municipality of Carmona (Carmona) is a first class urban municipality in the
Province of Cavite. Carmona has long proven its economic viability and stability. Time
and time again, it has provided services to its people far more superior to people of
existing cities. In the past ten (10) years, Carmona has an average locally generated
income of Three Hundred Twenty Seven Million Eight Hundred Fifty Two Thousand
Four Pesos and 47/100 (P327,852,004.47),

As of 2015, the Municipality of Carmona has a total income, excluding the
intemal revenue allotment (IRA), of Four Hundred Fourteen Million Four Hundred Eighty
Six Thousand Eight Hundred Forty Five Pesos and 24/100 (P414,486,845.24) and was
ranked as second in generating local revenues among all the municipalities in the
Philippines.

All the major indicators of real and viable industrialization are present in
Carmona, which include but not limited to leisure parks, such as the Manila Jockey
Club, Manila Southwoods Golf and Country Club, San Lazaro Leisure Park and Casino,
and Carmona Municipal Park; hospitals, such as Carmona Hospital and Medical Center
and Pagamutang Bayan ng Carmona; universities, such as Cavite State University-
Carmona Campus and STI College Southwoods; subdivisions and real estates, such as
Carmona Estates, Terraverde Residences and Woodland Hills; and 481 industrial
establishments such as 3M Philippines Inc, ON Semiconductor Philippines Inc., ROHM
Electronics Philippines, Inc., ROHM Megatech Philippines Inc., and other commercial
and industrial establishments.

Hence, Carmona has complied with the criteria established in the 1987
Constitution, Local Government Code, and other pertinent laws on the matter.

The proposed conversion will enhance Carmona's posture and capability of
enticing more business and industries in the locality, increase its pace of development
and consequently improving the lives of the inhabitants residing therein. Further, the
city-hood will considerably improve Carmona's efficiency to respond to the ever growing
needs of its constituents for more and better services as a result of the city's greater
Power to create its own resources of revenues for its exclusive use.

In view thereof, support and approval of this measure is earnestly sought.

Ty iM

(OY M. LOYOLA ATTY. RONALDO B. ZAMORA


10

Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL No._5502 _

Introduced by Honorable Roy M. Loyola and Honorable Ronaldo B. Zamora

AN ACT
CONVERTING THE MUNICIPALITY OF CARMONA IN THE PROVINCE OF CAVITE
INTO A COMPONENT CITY TO BE KNOWN AS THE CiTY OF CARMONA

8e it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

ARTICLE |
General Provisions

SECTION 1. Short Title. — This Act shall be known as the “Charter of the City of
Carmona.”

SEC. 2. The City of Carmona. — The Municipality of Carmona in the Province of
Cavite is hereby converted into a component city to be known as the City of Carmona,
hereinafter referred to as the City, which shail comprise of the present territory of the
Municipality of Carmona. The territorial jurisdiction of the City shall be within the present
metes and bounds of the Municipality of Carmona, as follows:

Bounded on the North and North-West by a River (adjacent to the Municipality of
General Mariano Alvarez)

Bounded on the North and North-East by creek (adjacent to Municipality of Bifian)


Bounded on the East, South-East by the Bifian River (adjacent to the Municipaiity

of Bifian River (adjacent to the Municipality of Biflan)

Bounded on the South-West by the Municipality of Silang

Beginning from LONGTITUDE _| LATITUDE

Comer 1 14°16'56.98" 421°00'05.67"

Cor. 2=MBM17 ‘| 14°47°01.58" 421°0007.77" _| Thence following the course of
the River, to

Cor. 3 = MBM 25 14°18'20.22" 121°00'51.83" | Thence following the course of
the River, to

Cor. 4= MBM 27 14°19'28,88" 121°02'16.33" | Thence following the course of
the Creek, to |

Cor, 5 = MBM 21 14°19'38.34" 127°03'06.70" | Thence following the course of |
the Creek, to _

Cor. 6= MBM 1 14°19'49.78" 727°0401.26 | Thence following the course of
the Bifian River, to

Cor. 7 = MBM 2 14°19°45.05" 121°04'33.42" | Thence following the course of
the Bifian River, to

Cor. 8= MBM3 14°19'17.05" 721°04'01.38" | Thence following the course of
the Bifian River, to

Cor. S=MBM12 | 14°1849.22" ‘| 121°03'42.96" | Thence following the course of

i the Bifian River, to

Cor. 10=MBM 14 | 14°18°03.53" 727°0318.99" | Thence following the course of
the Bifian River, to

Cor. 11 = MBM6 14°17°47.53" 127°03'12.25" | Thence following the course of
the Bifian River, to

Cor. 12 = MBM 17 14°17°47.14" 121°03'11.26" T Thence following the course of
the Bifian River, to

Cor i3=MBM68 | 14°1747.63° | 127°05'05.01" | Thence following the course of

| the Bifian River, to

Cor 14=MBM9 | 14174853" | 127°03'01.31" | Thence following the course of
the Biflan River, to

Cor. 15 = MBM 10 14°1748.75° 721°02'58.03" | Thsnce following the course of
the Bifian River, to

Cor, 16 = MBM 11 14°16'34.98" 121°02'28.48" following the course of
the Biflan River, to

Cor. 17=MBM 12 | 14°16'34.70" 721°0223.47" | Thence following the course of
the Bifian River, to

Cor. 18=MBM 13 | 14°15'30.36" 127°0110.55° | Thence following the course of
the Bifian River, to |

Cor 19=MBM 14 | 14°15°37.64° 721°0104.44" | Thence following the course of
the Bifian River, to

Cor. 20 = MBM 15 44°16'39.12" 121°00'19.24"__ | to

Cor. 1=MBM 1 14°16'56.98" 121°00'05.67"

2


w

Containing an Area of Twenty Nine Million Seven Hundred Forty Nine Thousand
Eight Hundred Seventy Four (29,749,874) Square Meters.

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 and the adjoining local government units.
Provided, That, the territorial jurisdiction of the disputed area or areas shall remain with
the local govemment unit which has existing administrative supervision over said area
or areas until the final resolution of the case.

SEC. 3. Corporate Powers of the City. - The City constitutes a political body
corporate and as such is endowed with the attributes of perpetual succession and
possessed of the powers which pertain to a municipal corporation to be exercised in
conformity with the provisions 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 and convey real or personal property;

@) To enter into contracts; and

f) To exercise such other powers, prerogatives and authority as are granted to
corporations, subject to the limitations provided for in this Act and other laws.

SEC. 4. General Powers of the City. — The City shall have a common seal and

may aiter the same at pleasure. It shall exercise the power to levy taxes, close and


Open roads, streets, alleys, parks or squares subject to the Provisions of the
Constitution and existing laws. It may take, purchase, receive, hold, lease, convey and
dispose of real and personal property for the general interests of the City; expropriate or
condemn private property for public use; contract and be contracted with; sue and be
sued; prosecute and defend to final judgment and execution suits wherein the City isa
party, and exercise all the powers as are granted to corporations as hereunder
conferred.

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 govemance, and those
which are essential to the promotion of the general welfare.

Within its territorial jurisdiction, the City shall ensure and support, among other
things, preserve and enrich 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. Liabiiity for Damages. ~ Unless otherwise provided by law, the City of
Carmona shall be liable for injuries or damages to persons or property arising from the
act or omission of any of its officers or employees while in the performance of their

official functions.


SEC. 7. Jurisdiction of the City. — The jurisdiction of the City of Carmona, for
police purpose 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 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 current regional trial courts and the current city trial courts of the City of
Carmona shall have concurrent jurisdiction with the regional trial courts and the
metropolitan trial courts or city or municipal couris of the adjoining municipalities or
cities, to try crimes and misdemeanors committed within said drainage area or within
‘said spaces of one hundred meters (100 m.)

The court first taking cognizance of such an offense shall have jurisdiction to try
said cases to the exclusion of others. The police forces of the several municipalities
and cities shall have concurrent jurisdiction with the police forces of the City for the
maintenance of good order and enforcement of ordinance throughout said zone, aree or

spaces.

ARTICLE Il
City Officials in General
SEC. 8. The Officials of the City of Carmona. ~ a) There shall be in the City of
Carmona, a City Mayor, a City Vice Mayor, twelve (12) 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 Engineer, an Assistant City Engineer, a City Architect, a City Budget
Officer, a City Planning and Development Officer, a City Health Officer, an Assistant
City Health Officer, a City Civil Registrar, an Assistant City Civil Registrar, a City
Administrator, a City Legal Officer, a city Social Welfare And Development Officer, a
City Veterinarian, a City General Services Officer, a City Information Officer, a City
Cooperatives Officer, a City Population Officer, a City Agriculturist, a City Environment
And Natural Resources Officer, a City Tourism Officer and a City Human Resources
Development Officer.
b) In addition thereto, the City Mayor may appoint a city population officer and a
city building official.
c) The City shall establish a city fire station to be headed by e City Fire Marshal,
a city jail to be headed by a City Jail Warden, a city schools division to be headed by a
city schools Division Superintendent and a city prosecution service to be headed by a
City Prosecutor,
d) The Sangguniang Panlungsod of the City of Carmona may:
1. Maintain existing offices not mentioned in subsections (a), (b) and
(c), hereof,
2. Create such other offices as may be necessary to carry out the
purposes of the City; and
3. Consolidate the functions of any office with these of another in the
interest of efficiency and economy.
Unless otherwise provided herein, all appointive city officials of the City shall be
appointed by the City Mayor, subject to civil service law, rules and regulations. The


Sangguniang Paniungsod shail act on the appointment within fifteen (15) days from the
date of its submission otherwise the same shall be deemed confirmed.

ARTICLE Il
The City Mayor and the City Vice Mayor

SEC. 9. The City Mayor. — a) The City Mayor shall be the chief executive of the
City. He shall be elected at large by the qualified voters of the City. No person shail be
eligible for the position of City Mayor unless at the time of election, he is at least twenty-
one (21) years of age, a resident of the City for at least one (1) year prior to his election
and a qualified voter therein. He shall hold office for three (3) years, uniess sooner
removed, and shall receive a minimum monthly compensation corresponding to Salary
Grade Thirty (30) as prescribed under Republic Act No. 6758, otherwise known as the
Salary Standardization Law, and the implementing guidelines issued pursuant thereto,
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 herein:

1. Exercise general supervision and contro! over all programs, projects,
services and activities of the city government, those powers expressly granted to
him by law, those necessarily implied therefrom as well as powers necessary,
appropriate or incidental for the efficient and effective govemance of the City,
and those which are essential to the promotion of the general welfare and, in this

connection, shail:


(i) Determine the guidelines of city policies and be responsible to
the Sangguniang Panlungsod for the program of goverment;

(ii) Direct the formulation of the city development plan with the
assistance of the city development council and, upon approval thereof
by the Sangguniang Paniungsod, implement the same;

(ili) Present the program of govemment 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 es
the general welfare of the inhabitants and the needs of the city
govemment may require:

{iv) Initiate and propose legislative measures to the Sangguniang
Panlungsod, as may be deemed necessary, and provide such
information and data needed or requested by said Sanggunian in the
performance of its legislative functions;

(v) Appoint all officials and employees whose salaries and
wages are wholly or mainly paid cut of city funds and whose
appointments are not otherwise provided for in the Local Government
Code of 1991, as well as those he may be authorized by law to
appoint;

(vi) Represent the City in all its business transactions and sign
on its behalf all bonds, contracts, obligations and such other


documents upon authority of the Sangguniang Panlungsod or
pursuant to law or ordinance;

(vii) Carry out such emergency measures as may be necessary
during and in the aftermath of man-made and naturai disasters and

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

(i) Allocate and assign office space to city and other officials
and employees who, by law or ordinance, are entitied to such space
in the city hall and other buildings owned or leased by the city
government, inciuding the offices and officials created therein;

(x) Ensure that all executive officials and empioyees of the City
faithfully discharge their duties and functions as provided by law and
this Act, and cause to be instituted administrative or judicial
Proceedings against any official or employee of the City who may
have committed an offense in the performance of their official duties;

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


(xii) Fumish copies of executive orders issued by him to the
provincial govemor within seventy-two (72) hours after their issuance;

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

(xiv) Act on leave applications of officials and employees
appointed by him and the commutation of the monetary value of their
leave credits in accordance with law;

(xv) Authorize official trips of city officials and employees outside
of the City for a period not exceeding thirty (30) days;

(xvi) Call upon any national official or employee stationed in or
assigned to the City to advise him on matters affecting the City and to
make recommendations thereon; coordinate with the said officials or
employees in the formulation and implementation of plans, programs
and projects; and when appropriate, initiate an administrative or
Judicial action against a national government official or employee who
may have committed an offense in the performance of their official

duties while stationed in or assigned to the City;


(xvi) Authorize payments for medical care, necessary
transportation, subsistence, hospital or medical fees of city officials

and employees who are injured while in the performance of their

Official duties and functions, subject to the availability of funds;

(xviii) Solemnize marriages;

(xix) Conduct an annual palarong panlungsod which shall
feature traditional sports and disciplines included in national and
international games, in coordination with the Department of Education
(DepEd), the Philippine Sports Commission and other related
agencies; and

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

2. Enforce all laws and ordinances relative to the governance of the City
and in the exercise of its appropriate corporate powers as provided for under
Section 22 of the Local Goverment Code of 1991, implement all approved
policies, programs, projects, services and activities of the City and, in addition to
the foregoing, shall:


() 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;

(ii) Call conventions, conferences, seminars or meetings of
elective or appointive officials of the City, including national officials
and employees stationed in or assigned to the City, at such time and
place and on such subject he may deem important for the promotion
of the general welfare of the local goverment unit and its inhabitants;

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

(iv) Be entitled to cay the necessary firearms within his
territorial jurisdiction after the procurement of necessary permits and
licenses from duly constituted authorities;

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

(vi) 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

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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 the provision of basic services and, relative thereto,

‘shail:

(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 provisions of the Local Government Code of
1991 and other relevant laws;

(i) Prepare and submit to the Sanggunian for approval the
executive and supplemental budgets of the City fer the ensuing
calendar year in the manner provided for under the Local Goverment
Code of 1991;

(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 the 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;


21

22

px)

(v) Issue permits, not requiring approval 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
structures to obtain the necessary permits, subject to such fines and
Penalties as may be imposed by iaw or ordinance, or to make
Necessary changes in the construction or to order the demolition or
removal of said houses, buildings or structures within the period
prescribed by law or ordinance;

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

(vill) 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 coliection of taxes, fees
or charges, and for the recovery of funds and property, and cause the
City to te 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 as provided for under Section 17 of the Local Goverment Code of 1991
and, in addition thereto, shall:


(i) Ensure that the construction and repair of roads, bridges and
highways funded by the national goverment 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

(i) Coordinate the implementation of technical services,
including public works and infrastructure programs rendered by
national and provincial offices; and
(5) Perform such other duties and functions and exercise such other

powers as provided for under the Local Government Code of 1991, and those
that are prescribed by other relevant laws or by ordinance; and

(c) During his incumbency, the City Mayor shal! hold office in the city hall.

SEC. 10. The City Vice Mayor. - a) There shall be a City Vice Mayor who shail
be elected in the same manner as the City Mayor and shall, at the time of his election,
possess the same qualifications as the City Mayor. He shall hold office for three (3)
years, unless sooner removed, and shall receive 4 minimum monthly compensation
corresponding to Salary Grade Twenty-six (26) as prescnbed under the Salary
Standardization Law 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:

1. Be the presiding officer of the Sangguniang Panlungsod and sign ail
warrants drawn on the city treasury for all expenditures appropriated for the
operation of the Sangguniang Paniungsod;

15


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 for in the Local
Govemment Code of 1991;

3. Assume the office of the City Mayor for the unexpired term of the latter
in the event of permanent vacancy, as provided for in Section 44 of the Local
Govemment Code of 1991;

4. Exercise the powers and perform the duties and functions of the City
Mayor in case of temporary vacancy; and

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

ARTICLE IV
The Sangguniang Panlungsod

SEC. 11. Composition and Compensation. - The Sangguniang Panlungsod,
the legislative body of the City, shall be composed of the City Vice Mayor as the
presiding officer, the twelve (12) regular Sanggunian members, the President of the City
Chapter of the Liga Ng Mga Barangay and the President of the Panlungsod Na
Pederasyon Ng Mga Sangguniang Kabataan, and such other members as may be
provided for by law.

The regular members of the Sangguniang Panlungsod, the sectoral
representatives and other members shall be elected or appointed in the manner as may


v

be provided for by law. The elective members of the Sangguniang Panlungsod shall
Possess the qualifications as provided for under Section 39 of the Local Government
Code of 1991
They shall receive a minimum monthly compensation corresponding to Salary
Grade Twenty-five (25) as prescribed under the Salary Standardization Law and the
implementing guidelines issued pursuant thereto, and such other compensation,
emoluments and allowances as may be determined by law.
SEC. 12. Powers, Duties, Functions and Compensation. — The Sangguniang
Panlungsod shall:
@) Approve ordinances and pass resolutions necessary for an efficient and
effective city government and, in this connection, shall:
1. Review all ordinances approved by the Sangguniang Barangayand
Executive Orders issued by the Punong Barangay to determine whether these
are within the scope of the prescribed powers of the Sangguniang Barangayand
of the Punong Barangay;
2. 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;
3. Approve ordinances imposing a fine not exceeding Five Thousand
Pesos (P5,000.00) 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;
4, Adopt measures to protect the inhabitants of the City from harmful
effects of man-made or natural disasters and calamities, and to provide relief


services and assistance to victims during and in the aftermath of said disaster or
calamity and in their retum to productive livelihood following said evenis;

5. 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
pomographic materials or publications and such other activities inimical to the
welfare and morals of the inhabitants of the City;

6. Protect the environment. Towards this end, it shall set aside a
reasonable amount from 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 and such other
activities which result in pollution, eutrophication of rivers and other bodies of
water, or of ecological imbalance, the fines for which shall be used exclusively for
the advancement of ecological protection;

7. Subject to the provisions of the Local Govemment Code of 1991 and
other pertinent laws, determine the powers and duties of officials and employees
of the City;

8. 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

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provide for expenditures necessary for the proper conduct of programs, projects,
services and activities of the city government;

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

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

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

12. Provide legal a:

istance 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

43. 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;


b) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the City with particular attention
to agro-industrial development, citywide growth and progress, and the provision of basic
services and, relative thereto, the Sangguniang Panlungsod shall:

1. 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
genera! welfare of the City and its inhabitants;

2. Subject to the provisions of Book |! of the Local Goverment Code of
1991 and applicable laws and, upon the majority vote of all the members of the
Sangguniang Panlungsod, enact ordinances levying taxes, fees and charges,
prescribing the rates thereof for general and specific purposes, and granting tax
exemptions, incentives or reliefs;

3. Subject to the provisions of Book |! of the Local Goverment Code of
1991 and applicable laws and, upon the majority vote of all the members of the
Sangguniang Panlungsod, authorize the City Mayor to negotiate and contract
loans and other forms of indebtedness. The application for loans or other forms
of indebtedness and the terms and conditions thereof shall, before approval, be
published in a newspaper of general circulation in the City. Once approved, the
contract covering the loans or other forms of indebtedness shall be fumished to
any city resident requesting @ copy thereof, upon payment of reasonable fees;

4. Subject to the provisions of Book II of the Local Govemment Code of
1991 and applicable laws and, upon the majority vote of all members of the


Sangguniang Panlungsod, enact ordinances authorizing the floating of bonds or
other instruments of indebtedness for the purpose of raising funds to finance
development projects. The authorization to float bonds or other instruments of
indebtedness shall be published in a newspaper of general circulation in the
City. Once approved, the contract Covering the floating of bonds or other
instruments of indebtedness shall be fumished to any city resident requesting a
copy thereof, upon payment of reasonable fees;

5. 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;

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

7. Adopt a comprehensive land-use plan for the City and ensure that (he
formulation, adoption or modification of said plan shall be in coordination with
the approved provincial comprehensive land-use plan;

8. Reciassify lands within the jurisdiction of the City, subject to pertinent
Provisions of the Local Government Code of 1991;

9, Enact integrated zoning ordinances in consonance with the approved
comprehensive land-use plan, subject to existing laws, rules and regulations,

establish fire limits or zones, particularly in populous centers, and regulate the

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v

construction, repair or modification of buildings within said fire limits or zones, in
accordance with the provisions of the Fire Code;

10. 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 the approval of
national agency or office is required, said approval shall not be withheld for
more than thirty (30) days from receipt of the application. Failure to act on the
application within the period stated above shall be deemed as approval thereof,

11. With the concurrence of at least two-thirds (2/3) vote 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 Govemment Code of 1991;

12. Grant loans or provide 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,

13. Regulate the numbering of residential, commercial and other buildings;
and

14. Regulate the inspection. weighing and measuring of articles of
commerce;

c) Subject to the provisions of the Local Government Code of 1991, enact

ordinances granting franchises and authorizing the issuance of permits or licenses,


1

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:

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

2. 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;

3. Provide for and sat the conditions under which public utilities owned by
the City shall be operated by the city goverment and prescribe the conditions
under which the same may be leased to private persons or entities, preferably
cooperatives;

4. 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;

5. Authorize and license the establisnment, operation and maintenance of
cockpits, regulate cockfighting and commercial breeding gamecocks;

6. Subject to the guidelines prescribed by the Department of
Transportation and Communications (DOTC), regulate the operation of tricycies
and grant franchises for the operation thereof within the territorial jurisdiction of
the City; and

7. Upon approval by a majority vote of all the members of the
Sangguniang Panlungsod, grant a franchise to any person, partnership,


corporation or cooperative to do business within the City; establish, construct,
operate and maintain ferries, wharves, markets or slaughterhouses; or undertake
such other activities within the City as may be allowed by existing laws:
Provided, That cooperatives shall be given preference in the grant of such
franchise;

d) Regulate activities relative to the use of land, buildings and structures within

the City in order to promote the general welfare and, for the said purpose, shall!

1. Declare, prevent or abate any nuisance;

2. With the concurrence of a majority of the members of the Sangguniang
Panlungsod constituting a quorum, deny the entry of legalized gambling by
ordinance into any part of the City or regulate its location within the City;

3. Require that buildings and ths 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 the requirement, have the work
done at the expense of the owner, administrator or tenant concemed and require
the filing up of any land or premises to a grade necessary for proper sanitation,

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

5. 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;

6. Regulate the sale, giving away or dispensing of any intoxicating malt,

vino, mixed or fermented liquors at any retail outlets;


7. 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;

8. Regulate the establishment, operation and maintenance of
entertainment or amusement facilities, including the theatrical performance,
circuses, billiard halls, public dancing schools, public dance halls, sauna baths,
massage parlors and other places for entertainment or amusement, 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;

9. 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,
subject to existing laws, rules and regulations; and

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

e) Approve ordinances which shall ensure the efficient and effective delivery

of basic services and facilities as provided for under the Local Govemment Code of

4991 and, in addition to said services and facilities, shall:


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

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

3. 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 the 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 piaces;

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

5. Subject to existing laws and when necessary, establish and provide for
the maintenance, repair and operation of an efficient waterworks system to
supply water for the inhabitants and to purify the source of the water supply;
regulate the construction, maintenance, repair and use of hydrants, pumps,
cistems and reservoirs; protect the purity end quantity of the water supply of the

City and, for this purpose, extend the coverage of appropriate ordinances over all


territory within the drainage area of said water supply within one hundred meters
(100 m.) of the reservoir, canal, conduit aqueduct, pumping station or watershed
used in connection with the water service; and reguiate the consumption, use or
wastage of water and fix and coliect charges tnerefor;

6. 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, cesspoois, 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;

7. 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, defective or otherwise
hazardous to the welfare of the inhabitants;

8. Subject to the availability of funds and the existing laws, rules and
regulations, establish or maintain, or provide for the operation of a city college,
‘vocational and technical schools and similar post-secondary Institutions and, with
the approval of the DepED, the Commission on Higher Education or the
Technical Education and Skilis Development Authority, as the case may be, and

subject to existing laws on tuition fees, fix and collect reasonable tuition fees and

27


other school charges in educational institutions Supported by the city
goverment;

9. Ensure the physical maintenance of educational institutions under the
Operational control of the City and the provision of books and other Capital
equipment for the same;

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

11. Approve measures and adopt quarantine regulations to prevent the
introduction and spread of diseases;

12. Provide for an efficient and effective system of solid waste and
garbage collection and prohibit littering and the placing or throwing of garbage,
refuse and other filth and wastes; and, for this purpose, provide for incentive
schemes for industries engaged in the recycling of waste and garbage;

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

14. Establish and provide for the maintenance and improvement of jails
and detention centers, institute a sound jail management program, including a

continuing education and training program for jail personnel assigned or detailed


in jails and detention centers within the jurisdiction of the City, and the provision
of separate detention centers for women and minors;

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

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

47. Perform for a social housing fund for the provision of housing for the
poor and, for this purpose, may allocate a reasonable amount annually for the
acquisition of land and development of the same; and
f) Perform such other duties and functions and exercise such powers 3S

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

by other relevant laws or by ordinance.

ARTICLE V
Process of Legislation
SEC. 13. Internal Rules of Procedure. — 2) On the First Regular Session
following the election of its members and, within ninety (90) days thereafter, the

‘Sangguniang Paniungsod shall adopt or update its rules of procedure.

29


b) The rules of procedure shail 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 shail include, but shall not be
limited to, the Committees On Appropriations, Women And Family, Human
Rights, Youth And Sports Development, Environmental Protection 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 sessions, suspended for not more
than sixty (60) days or expelled: Provided, That the penalty of suspension or
‘expulsion shail require the concurrence of at jeast two-thirds (2/3) vote of all the
Sangguniang 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. - 2) Every Sangguniang Panlungsod member
shall, upon assumption to office, make @ full disclosure of his business and financial

30


interests. He shall also disclose any professional relationship or any relation by affinity
or consanguinity within the fourth civil degree, which he may have with any person, firm
or entity affected by any ordinance or resolution under consideration by the Sanggunian
of which he is a member, which relationship may result in conflict of interests. Such
relationship shall include:

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

2 Contracts or agreements with any person or entity which the ordinance or
resolution under consideration may affect.

In the absence of specific constitutional or statutory provisions applicable to this
situation, “conflict of interest’ refers in general to one where it may be reasonably
deduced that a member of a Sanggunian may not act in the public interest due to some
Private, pecuniary or other personal considerations that may tend to affect his judgment
to the prejudice of the service or the public.

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

1. Disclosure shall be made before the member participates in the
deliberations on the ordinance or resolution under consideration: Provided, That
if the member did not participate during the deliberations, the disclosure shall be
made before voting on the ordinance or resolution on second and third readings;

and

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22

23

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 therein.

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.

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 the majority of the mambers 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 member's 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 al a
special session except those stated in the notice.

e) The Sanggunian shall keep a joumal and a record of its proceedings which
may be published upon a resolution of the Sanggunian paniungsod.

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.


wv

20
21

22

Should @ 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 result.

b) Where there is no quorum, the presiding officer may declare a recess until
‘such time 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 or members of the Sanggunian to be
assisted by a member or members of the police force assigned in the territorial
jurisdiction of the City of Carmona, to arrest the absent member and present him at the
session,

c) If there is still no quonim despite the enforcement of the immediately
preceding subsection, no business shail be transacted. The presiding officer, upon
proper motion and 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 Cily Mayor
approves the same, he shall affix his signature on each and every page thereof;
otherwise, he shall veto it and retum the same with his objections to the Sanggunian,
which may proceed to reconsider the same. The Sanggunian may override the veto of
the City Mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance
or resolution effective for all legal intents and purposes.

b) The veto shall be communicated by the City Mayor to the Sanggunian within

ten (10) days; otherwise, the ordinance shall be deemed approved as if he signed it.

33


SEC. 18. Veto Power of the City Mayor.- a) The City Mayor may vete any
ordinance of the Sangguniang Panlungsod on the ground that it is ultra vires or
prejudicial to public welfare, stating his reasons thereof in writing

b) The City Mayor shall have the power to veto any particular item or items of an
appropriations ordinance, an ordinance or resolution adopting 2 jocal Gevelopment plan,
any public investment program or an ordinance directing the payment of money or
creating liability. In such case, the vetoed item or items shall not take effect unless the
Sangguniang Panlungsod overrides the veto in the manner herein provided; otherwise,
the item or items in the appropriations ordinance of the previous year corresponding to
those vetoed, if any, shall be deemed enacted.

c) The City Mayor may veto an ordinance or resolution only once. The
Sanggunian may override the veto by two-thirds (2/3) vote of alll 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 of the Sangguniang
Panlungsod shall forward to the Sangguniang Panialawigan for review, copies of
approved ordinances and resolutions approving the local development plans and public
investment programs formulated by the local development councils.

b) Within thirty (20) days after receipt of copies of such ordinances and
resolutions, the Sangguniang Panlalawigan shall examine the documents or transmit
them to the provincial atiomey or the provincial prosecutor for prompt examination. The
provincial attomey or the provincial prosecutor shall, within a period of ten (10) days

from receipt of the documents, inform the Sangguniang Panlalawigan in writing of his


comments or recommendations, which may be considered by the Sangguniang
Panlalawigan in making its decision.

) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is
beyond the power conferred upon the Sangguniang Panlungsod concemed, it shall
declare such ordinance or resolution invalid in whole or in part. The Sangguniang
Panlalawigan shall enter its action in the minutes and shail 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 shail be
presumed consistent with law and therefore valid.

SEC. 20. Review of Barangay Ordinances by the Sangguniang Panlungsod.
=a) Within ten (10) days after the enactment, the Sangguniang Barangayshall fumish
copies of all barangay ordinances to the Sangguniang Panlungsod for review as to
whether the ordinance is consistent with law and city ordinances.

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

©) If the Sangguniang Panlungsod finds the barangay ordinance inconsistent
with law or city ordinances, the Sangguniang Panlungsod shall, within thirty (30) days
from receipt thereof, retum the same with comments and recommendations to the
Sangguniang Barangay concemed 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.

35


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 disapproval thereof shall be sufficient ground
for the suspension or dismissal of the official or employee concemed.

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 eritrance of the city hall and in at least
two (2) other conspicuous places in the City of Carmona.

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) other conspicuous places in the City of Carmona 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 a 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, slating
the dates of approval and posting.

c) The main features of the ordinance or resolution duly enacted or adopted
shall, in addition to being posted, be published once in a local newspaper of general
circulation within the City: Provided, That in the absence thereof, the ordinance or
resolution shall be published in any newspaper of general circulation: Provided, further,
That the gist of all ordinances with penal sanctions shall also be published in 2

newspaper of generai circulation.

36


ARTICLE VI
Succession for Elective City Officials

SEC. 23. Permanent Vacancy in the Offices of the City Mayor and the City
Vice Mayor. — a) if a permanent vacancy occurs in the office of the City Mayor, the city
vice mayor shall become the City Mayor. if a permanent vacancy occurs in the office of
the city vice mayor. the highest ranking Sangguniang Panlungsod member, or in case of
his permanent incapacity, the second highest ranking Sangguniang Panlungsod
member shall become the city vice mayor, as the case may be. Subsequent vacancies
in the said office shall be filled in automatically by the other Sanggunian members.
according to their ranking as defined herein.

b) A tie between or among the highest ranking Sangguniang Panlungsod
members shall be resolved by drawing of lots.

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

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 function of his office.

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

37


SEC. 24 Permanent Vacancies in the Sangguniang Panlungsod. —
Permanent vacancies in the Sangguniang Panlungsod where automatic succession as
provided above does not apply shall be filled in by appointments in the following
manner:

a) The provincial governor shall make the aforesaid appointments;

b) Only the nominee of the politicai party under which the Sanggunian member
concemed had been elected shall be appointed in the manner herein provided. The
appointee shall come from the same 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 concemed
are conditions sine qua non, and any appointment without such nomination and
certification shall be null and void ab initio and shall be a ground for administrative
action against the official responsible therefor,

c) In case the permanent vacancy is caused by 4 Sanggunian member who
does not belong to any political party, the City Mayor shall, upon the recommendation of
the Sangguniang Paniungsod, appoint a qualified person to fill in the vacancy; and

d) In case of vacancy in the representation of the youth, the barangay and other
seciors in the Sangguniang Panlungsod, said vacancy shall be filled in automatically by
the official next-in-rank of the organization concerned

SEC. 25. Temporary Vacancy in the Office of the City Mayor. — a) When ihe
City Mayor is temporarily incapacitated to perform his duties for physical or legal
reasons such as, but not limited to, leave of absence, travel abroad and suspension

38


m

from office, the city vice mayor shall automatically exercise the powers and perform tne
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 written declaration by the City Mayor that he has reported
back to office. In case where the temporary incapacity is due to legal cause, the City
Mayor shall also submit necessary documents showing the said legal cause no longer
exists,

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

d) In the event, however, that the City Mayor fails or refuses to issue such
authorization, the city vice mayor or the highest ranking Sangguniang Panlungsod
member, as the case may be, shall have the right to assume the powers, duties end
functions of the said office on the fourth (4") 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

39


aoueen

ARTICLE Vil

THE APPOINTIVE OFFICIALS OF THE CITY;
THEIR QUALIFICATIONS, POWERS AND DUTIES

SEC. 26. The Secretary to the Sangguniang Paniungsod. —

@) There shall be a Secretary to the Sangguniang Paniungsod who shail be 2
career official with the rank and salary equal to a head of a department or office who
shall be appointed by the City Mayor with the concurrence of a majority of all
Sangguniang Paniungsod members, subject to civil service iaw, rules and regulations.

b) No person shall be appointed Secretary to the Sangguniang Paniungsod
unless he is a citizen of the Philippines, a resident of the City, of good moral character,
Preferably, a holder of a master's degree 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 Paniungsod shall receive such
compensation, emoluments and allowances as may be determined by law.

d) The Secretary to the Sanggunian shall take charge of the office of the
‘Sangguniang Paniungsod, and shall:

1, Attend meetings of the Sangguniang Panlungsod and keep a journal
of its proceedings;

2. Keep the seal of the City and affix the same with his signature to all
ordinances, resolutions and other official acts of the Sangguniang Paniungsod
and present the same to the presiding officer for his signature;


3. Forward to the City Mayor for approval copies of ordinances enacted
by the Sangguniang Panlungsod, duly certified by the presiding officer,

4. Forward to the Sangguniang Panialawigan copies of duly approved
ordinances in the manner as provided in Section 56 under Book | of the Local
Goverment Code of 1991;

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

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

7. Keep his office and all nonconfidential records therein open to the
public during usual business hours;

8. Translate into the dialect used by a majority of the inhabitants all
ordinances and resolutions immediately after their approval and cause the
publication of the same together with the original version in the manner provided
for under the Local Government Code of 1991;

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

10. Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and those

that are prescribed by other relevant laws or by ordinance.

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1

SEC. 27. The City Treasurer.— a) The City Treasurer shall be appointed by
the Secretary of Finance from a list of at least three (3) ranking eligible recommendees
of the City Mayor, subject to civil service law, rules and regulations.

b) The Gity 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,

¢) No person shall be appointed City Treasurer unless he is a citizen of the
Philippines, a resident of the City, of good moral character, a holder of a college degree
preferably in commerce, public administration or law from a recognized college or
university and a first grade civil service eligible or its equivalent. He must have acquired
‘experience in treasury or accounting service for at least five (5) years.

d) The City Treasurer shall receive such compensation, emoluments and
allowances as may be determined by law.

e) The City Treasurer shall take charge of the city treasury office, and shall:

4. Advise the City Mayor, the Sangguniang Panlungsod and other local
government and national officials concerned regarding disposition of local
government funds and on such other matters relative to public finance,

2. Take custody and exercise proper management of the funds of the
City;

3. Take charge of the disbursement of all funds of the City and other
funds, the custody of which may be entrusted to him by law or other competent

authority;

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22

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

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

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

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

b) No person shall be appointed Assistant City Treasurer unless he is a citizen
of the Philippines, a resident of the City, of good moral character, a holder of a degree
preferably in commerce, public administration or law from a recognized college or
university and a first grade civil service eligible or its equivalent. He must have acquired
at least three (3) years experience in treasury or accounting.

c) The Assistant City Treasurer shall receive such other compensation,
emoluments and aliowances as may be determined by law.

d) The Assistant City Treasurer shall assist the City Treasurer and perform
‘such other duties as the latter may assign to him. He shall have authority to administer
oaths conceming notices and notifications to those delinquent in the payment of the real
property tax and conceming official matters relating to the accounts of the City
Treasurer or otherwise arising from the offices of the City Treasurer and the City
Assessor.

4a


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

b) The City Assessor snail receive such compensation, emoluments and
allowances as may be determined by law.

c) The City Assessor shall take charge of the City Assessor's office, and shall

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

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

3. Establish a systematic method of real property assessment,

4. Install and maintain real property identification and accounting
systems;

5. Prepare, install and maintain a system of tax mapping, showing
graphically all properties subject to assessment and gather all data conceming
the same;

6. Conduct frequent physical surveys to verify and determine whether
all real properties within the City are properly listed in the assessment rolls;


7. Exercise the functions of appraisal and assessments primarily for
taxation purposes of all real properties in the City,

8. Prepare a schedule of the fair market vaiue of the different classes of
real properties in accordance with the provisions of the Local Govemment Code
of 1991;

9. Issue, upon request of any interested party, certified copies of
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 Paniungsod; and

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

SEC. 30. The Assistant City Assessor. — a) The Assistant City Assessor must
be a citizen of the Philippines, a resident of the City, of good moral character, a holder
of a college degree preferably in civil or mechanical engineering, commerce or any
related course from a recognized college or university and a first grade civil service
eligible or its equivalent. He must have acquired experience in assessment or in any
related field for at least three (3) years immediately preceding the date of his
appointment.

b) The Assistant City Assessor shall receive such compensation, emojuments
and allowances as may be determined by law.

45


c) The Assistant City Assessor shall assist the City Assessor and perform such
other duties as the latter may assign to him. He shall have authority to administer oaths
on all declarations of real property for purposes of assessment.

SEC. 31. The City Accountant. - a) The City Accountant must be a citizen of
the Philippines, a resident of the City, of good moral character and a certified public
accountant. He must have acquired experience in the treasury or accounting services
for at least five (5) years immediately preceding the date of his appointment.

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

) The City Accountant shall take charge of both the office of the accounting
and intemal audit services, and shall:

1. Install and maintain an intemal audit system in the City,
2. Prepare and submit financial statements to the City Mayor and to the

‘Sangguniang Panlungsod;

3. Apprise the Sangguniang Panlungsod and other officials on the
financial condition and operation of the City;

4. Certify to the availability of budgetary allotment from 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 joumal vouchers and liquidations of the same
and other adjustments related thereto;

8. Post individual disbursements to the subsidiary ledger and index
cards;

9. Maintain individual ledgers for officials and employees of the City
pertaining to payrolls and deductions;

40. Record and post in index cards details of purchased fumiture, fixtures
and equipment, including disposal therecf, if any;

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

12. Prepare joumals and the analysis of obligations and maintain and
keep all records and reports related thereto; and

13. Perform such other duties and functions and exercise such other
powers as provided for under the Local Goverment Code of 1991, and those
that are prescribed by law or ordinance.
SEC. 32. The City Engineer. - a) The City Engineer must be a cilizen of the

Philippines, a resident of the City, of good moral character end a licensed civil engineer.
He must have acquired experience in the practice of his profession for at least five (5)
years immediately preceding the date of his appointment.

b) The City Engineer shall receive such compensation, emoluments and

allowances as may be determined by law.

c) The City Engineer shall take charge of the city engineering office, and shall:

47


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 pmjects of the City;

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

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

SEC. 33. The Assistant City Engineer. - a) The Assistant City Engineer must

be a citizen of the Philippines, a resident of the City, of good moral character, a holder

of a college degree preferably in civil or mechanical engineering, commerce or any

related course from a recognized college or university and a first grade civil service

eligible or its equivalent. He must have acquired experience in assessment or in any

elated field for at least three (3) years immediately preceding the date of his

appointment.

b) The Assistant City Engineer shall assist the city engineer and perform such

other duties as the latter may assign to him.

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¢) The Assistant City Engineer shall receive such compensation, emoluments
and allowances as may be determined by law.

SEC. 34. The City Architect. - a) The city architect must be a citizen of the
Philippines, @ resident of the City, of good moral character and a duly licensed architect.
He must have practiced his profession for at least five (5) years immediately preceding
the date of his appointment.

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

¢) 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 the provision

of adequate facilities relative to architectural planning and design;
2. Develop plans and strategies and, upon approval thereof by the City

Mayor, implement the same, particularly those which have to do with

architectural planning and design programs and projects which the City Mayor is

‘empowered to implement and which the Sangguniang Panlungsod is empowered

to provide for under the Local Govemment Code of 1981;

3. In addition to the foregoing duties and functions, the city architect
shall:
(i) Prepare and recommend, for consideration of the
‘Sanggunian, the architectural pian and design for the City or a part

oe]


thereof, including the renewal of slums and blighted areas, land

reclamation activities, the greening of land and appropriate planning

of marine and foreshore areas,

(ii) Review and recommend for appropriate action of the
Sanggunian or the mayor, as the case may be, the architectural
plans and designs submitted by govemmentai and nongovernmental
entities or individuals particularly those for undeveloped,
underdeveloped and poorly-designed areas; and

(ili) Coordinate with goverment, nongovemment entities and
individuals involved in the aesthetics and the maximum utilization of
the land and water within the jurisdiction of the City, compatible with
environmental integrity and ecological balance;

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

5. Recommend to the Sangguniang Paniungsod and advise the City
Mayor on all matters relative to architectural planning and design as it relates to
the total socioeconomic development of the City; and

6. Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and those

that are prescribed by law or ordinance.

50


SEC. 35. The City Budget Officer - 2) The city budget officer must be a
citizen of the Philippines, a resident of the City, of good moral character, a hoider of a
college degree preferably in accounting, economics, public administration or any related
course from a recognized college or university and a first grade civil service eligible or
its equivalent. He must have acquired experience in govemment budgeting or in any
related field for at least five (5) years immediately preceding the date of his
appointment.

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

¢) The city budget officer shail take charge of the city budget office, 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 different departments
and offices of the City;

3. Assist the City Mayor in the preparation of the proposed legistation and

Submit comments and recommendations thereon;

4. Study and evaluate budgetary implementation of proposed legislation
and submit comments and recommendations thereon;
5. Submit periodic budgetary reports to the Department of Budget and

Management;

6. Coordinate with the City Treasurer, the city accountant and the city
planning and development officer for the purpose of budgeting;

st


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 for under the Local Govemment Code of 1981, and those
that are prescribed by law or ordinance.
SEC. 36. 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
good moral character. a holder of a college degree preferably in urban planning,
development studies, economics, public administration or any related course from a
recognized college or university and a first grade civil service eligible or its equivalent
He must have acquired experience in development pianning or in any related field for at
least five (5) years immediately preceding the date of his appointment.
b) The City Planning And Development Officer shall receive such
compensation, emoluments and allowances as may be determined by law.
©) 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 the 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 the consideration of the finance
committee of the City as provided for 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 duties and functions and exercise such other
Powers as provided for under the Local Government Code of 1991, and those
that are prescribed by law or ordinance.

SEC. 37. The City Health Officer. — a) The City Health Officer must be a
citizen of the Philippines, a resident of the City, of good moral character and a licensed
medical practitioner. He must have acquired experience in the practice of his
profession for at least five (5) years immediately preceding the date of his appointment.

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

3


c) The City Health Officer shall take charge of the office of the city heaith

services, and shall:

4. Supervise the personnel and staff of the said office, formulate program
implementation guidelines, end 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 services programs geared to
implement health-related projects and activities;

2. Formulate measures for the consideration of the Sangguniang
Panlungsod and provide technical assistance and support to the City Mayor in
carrying out activities to ensure the delivery of basic services and the provision of
adequate facilities relative to health services provided for under Section 17 of the
Local Goverment Code of 1991;

3. Develop plans and strategies and, upon approval thereof by the City
Mayor, implement the same, particularly those which have to do with heaith
programs and projects which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide for under the Local
Goverment Code of 1991;

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;


(ill) Execute and enforce all laws, ordinances and regulations

relating to health;

(iv) Recommend to the Sangguniang Panlungsod, through the
local health board, the passage of such ordinance as he may deem
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 the like, in accordance with the
Sanitation Code;

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

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

5. Be in the frontline of the delivery of health services, particularly during
and in the aftermath of man-made and natural disasters or calamities; and

6, Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and those
that are prescribed by law or ordinance.
SEC. 38. The Assistant City Health Officer —2) The Assistant City Health

Officer must be a citizen of the Philippines, a resident of the City, of good moral


character and a licensed medical practitioner. He must have acquired experience in
assessment or in any related field for at least three (3) years immediately preceding the
date of his appointment.

b) The Assistant City Health Officer shall assist the City Health Officer and
perform such other duties as the latter may assign to him,

c) The Assistant City Health Officer shall receive a minimum monthly
compensation equivalent to Salary Grade Twenty-four (24) as prescribed under the
Salary Standardization Law and the implementing guidelines issued pursuant thereto,
and such other compensation, emoluments and allowances as may be determined by
law.

SEC. 39, The City Civil Registrar. - a) The City Civil Registrar must be 4
citizen of the Philippines, a resident of the City, of good moral character, a holder of a
college degree from a recognized college or university and a first grade civil service
eligible or its equivalent. He must have acquired experience in civil registry work for at
least five (5) years immediately preceding the date of his appointment.

b) The City Civil Registrar shall receive such compensation, emoluments, and
allowances as may be determined by law.

c) The City Civil Registrar shall be responsible for the civil registration program
in the City of Carmona 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

registrar, and shall:

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i)

22
23

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 ernpowered to implement and which the Sangguniang Panlungsod is
empowered to provide for under the Local Govemment Code of 1991;

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;

(ili) Transcribe and enter immediately upon receipt ail
fegistrable 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 transcript or copies of any certificate or
fagistered document upon payment of the required fees to the
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

37


23

been complied with, issue the license upon payment of the
authorized fee to the treasurer, and
(vii) Coordinate with the National Statistics Office in

conducting educational campaigns for vital registration and assist in

the preparation of demographic and other statistics for the City of

Carmona; and

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

SEC. 40. The Assistant City Civil Registrar — a) The Assistant City Civil
Registrar must be a citizen of the Philippines, a resident of the City, of good moral
character and a holder of a college degree from a recognized college or university and a
first grade civil service eligible or its equivalent. He must have acquired experience in
civil registry work or in any related field for at least three (3) years immediately
preceding the date of his appointment.

b) The Assistant City Civil Registrar shall assist the City Civil Registrar and
perform such other duties as the latter may assign to him.

c) The Assistant City Civil Registrar shall receive such compensation,
emoluments and allowances as may be determined by law.

SEC. 41. The City Administrator. - a) The City Administrator must be a citizen
of the Philippines, a resident of the City, of good moral character, a holder of a college
degree preferably in public administration, law or in any other related course from 2

recognized college or university and a first grade civil service eligible or its equivalent.

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19

20

21

22

23

He must have acquired experience in management and administrative work for at least
five (5) years immediately preceding the date of his appointment.

b) The term of the City Administrator is coterminus with that of his appointing
authority.

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

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

1. Develop plans and strategies and, upon approval thereof by the City
Mayor, implement the same, particularly those which have to do with the
management and administration-related programs and projects which the City
Mayor is empowered to implement and which the Sangguniang Paniungsod is
empowered to provide for under the Local Govemment Code of 1991;

2. In addition to the foregoing duties and functions, the City Administrator
‘shall assist in the coordination of the work of all the officiais of the City under the
‘supervision, direction and control of the City Mayor and, for this purpose, he may
convene the chiefs of offices and other officials of the City;

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

4. Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all matters relative to the management and administration of the Cily;

and

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22

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

SEC. 42. The City Legal Officer. — a) The City Legal Officer must be a citizen,
of the Philippines, a resident of the City, of good moral character and a member of the
Philippine Bar. He must have practiced his profession for at least five (5) years
immediately preceding the date of his appointment.

b) The term of the city legal officer shall be coterminus with that of his
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 egal service, and shall:

1. Formulate measures for the consideration of the Sangguniang
Panlungsod and provide legal assistance and support to the City Mayor in
carrying out the delivery of basic services and the provision of adequate facilities,

2. Develop plans and strategies and, upon approval thereof by the City
Mayor, implement the same, particularly those which have to do with programs
and projects related to legal services which the City Mayor is empowered to
implement and which the Sangguniang Paniungsod is empowered to provide for
under the Local Goverment Code of 1991;

3. In addition to the foregoing duties and functions, the City Legal Officer

shall:


(i) Represent the City in all civil actions and special
proceedings wherein the City or any official thereof, in his official
capacity, is a party: Provided, That, in actions or proceedings where
the City is a party adverse to the provincial govemment or to another
component city or municipality, a special legal officer may be
employed to represent the adverse party;

(ii) When required by the City Mayor or Sanggunian, draft
ordinances, contracts, bonds, leases and other instruments involving
any instruments already drawn;

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

(iv) _ 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;

(vy) Investigate or cause to be investigated any person, firm or
corporation holding any franchise or exercising any public privilege
for failure to comply with any term or condition in the grant of such
franchise or privilege, and recommend appropriate action to the City
Mayor or Sangguniang Panlungsod, as the case may be;

(vl) When directed by the City Mayor or Sanggunian, initiate

and prosecute, in the interest of the City, any civil action on any

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bond, lease or other contract upon any breach or violation thereof,

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

4. Recommend measures to the Sangguniang Panlungsod and advise
the City Mayor on all matters related to upholding the rule of law;

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

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

SEC. 43. 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 good moral character, a duly licensed social worker or a holder of 4
college degree preferably in sociology or any other related course from a recognized
college or university and a first grade civil service eligible or its equivalent. He must
have acquired experience in the practice of social work for at least five (5) years
immediately preceding the date of his appointment.

b) The City Social Weifare And Development Officer shall receive such
compensation, emoluments and allowances as rnay be determined by law.

c) The City Social Weifare And Development Officer shall take charge of the

Office of social welfare and development, and shall:

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wv

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

2. Develop plans and strategies and, upon approval thereof by the City
Mayor, implement the same, particularly those which have to do with social
welfare programs and projects which the City Mayor is empowered to implement
and which the Sangguniang Panlungsod is ernpowered to provide for under the
Local Government Code of 1991;

3. In addition to the foregoing duties and functions, the City Social
Welfare And Development Officer shall:

(i) Identify the basic needs of the needy, the disadvantaged and
the impoverished and develop and implernent appropriate measures to
alleviate their problems and improve their jiving conditions;

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

(ill) 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;

(iv) Facilitate the implementation of welfare programs for the
differently-abled, elderly and victims of drug addition, the rehabilitation

of prisoners and parolees, the prevention of juvenile delinquency and

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i)

n

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23

‘such other activities which would eliminate or minimize the ill-effects of

poverty;

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

(vi) Coordinate with govemment agencies and
henaaeaiass organizations which nave for their purpose the

Promotion and protection of all ithe needy, disadvantaged.

underprivileged or impoverished groups or individuals, particularly

those identified to be vulnerable and high-risk to exploitation, abuse

and neglect;

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

5. Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all other matters related to social welfare and development services
which will improve the livelinood and living conditions of the inhabitants; and

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

SEC. 44. The City Veterinarian. — a) The City Veterinarian must be a citizen of
the Philippines, a resident of the City, of good moral character and a licensed doctor of
veterinary medicine. He must have practiced his profession for at least three (3) years
immediately preceding the date of his appointment.


b) The City Veterinarian shail receive such compensation, amoluments and
allowances as may be determined by law.

c) The City Veterinarian shall take charge of the office of veterinary services,
and shall:

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

2 Develop plans and strategies and, upon approval thereof by the
City Mayor, implement the same, particularly those which have to do with
veterinary-related activities which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide for under the Local
Government Code of 1991;

3. In addition to the foregoing duties and functions, the City
Veterinarian shall

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

(ii) Regulate the keeping of dornestic animals;

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

(iv) Enforce all laws and regulations for the prevention of

cruelty to animals; and

65


(v) Take the necessary measures to eradicate, prevent or cure

all forms of animal diseases;

4 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;

& 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 athar domestic animals
used for work or for human consumption; and

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

SEC. 45. The City General Services Officer. - a) The City General Services
Officer must be a citizen of the Philippines, a resident of the City, of good moral
character, a holder of a college degree in public administration, business administration
Or management from a recognized college or university and a first grade civil service
eligible or its equivalent. He must have acquired experience in general services,
including management of supply, solid waste disposal and general sanitation for at least
five (5) years immediately preceding the date of his appointment.

b) The City General Services Officer shall receive such compensation,

emoluments and allowances as may be determined by law.


c) The City General Services Officer shall take charge of the Office 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 the provision
of adequate facilities which require general services expertise and technical
‘support services;

2. Develop plans and strategies and, upon approval thereof by the
City Mayor, implement the same, particularly those which have to do with the
general services supportive of the welfare of the inhabitants of tne City which the
City Mayor is empowered to implement and which the Sangguniang Panlungsod
is empowered to provide for under the Local Govemment Code of 1991;

3. In addition to the foregoing duties and functions, the city general
services officer shall:

(i) 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;

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

(ili) 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, owned by the City;

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

(vi) Collate and disseminate information regarding prices,
shipping and other costs of supplies and other items commonly used

by the City;

(vii) Perform archival and record management with respect to
records of offices and development of the City; and

(vill) Perform all other functions pertaining to supply and
property management and enforce policies on records creation,
maintenance and disposal:

4 Be in the frontline of general services-elated 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 or calamities;

5. Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all matters relative to general services; and

6. Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and those

that are prescribed by law or ordinance.


1

SEC. 46. The City Information Officer. - 2) The City information Officer must
be a citizen of the Philippines, a resident of the City, of good moral character, a holder
of a college degree preferably in journalism or mass communications or any retated
course from a recognized college or university and a first grade civil service eligible or
its equivalent. He must have acquired experience in writing articles and research
Papers or writing for print, television, broadcast and other forms of mass media for at
least five (5) years immediately preceding the date of his appointment.

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

c) The City Information Officer shall take charge of the office on public
information, and shall:

1. Formulate measures for the consideration of the Sangguniang

Panlungsod and provide technical assistance and support to the City Mayor in

Providing the information and research data required for the delivery of basic

services and the provision of adequate facilities so that the public becomes

aware of said services and may fully avail of the same;
2 Develop plans and strategies and, upon approvai 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 for under the Local Government Code of 1991;

3. In addition to tha foregoing duties and functions, the city information
officer shalt:


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

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

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

4 Be in the frontline in providing information during and in the
aftermath of man-made and natural 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;

5. Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all matters relative to public information and research data as it relates
to the total socioeconomic development of the City; end

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

SEC. 47. The City Cooperatives Officer. — a) The City Cooperatives Officer

must be a citizen of the Philippines, a resident of the City, of good moral character, a
holder of a coliege degree preferably in business administration with special training on

70


Cooperatives or any related course from a recognized college or university and a first
grade civil service eligible or its equivalent He must have acquired experience in
cooperatives development for at least five (5) years immediately preceding the date of
his appointment.
b) The City Cooperatives Officer shall receive such compensation,
emoluments and allowances as may be determined by iaw.
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 and projects
which the City Mayor is empowered to implement and which the Sangguniang
Panlungsod is empowered to provide for under the Local Govemment Code of
1991;
3. In addition to the foregoing duties and functions, the city cooperatives
officer shall
()__ Assist in the organization of cooperatives;

7


wv

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

(ili) Assist cooperatives in establishing linkages with
government agencies and nongovemmental organizations involved in
the promotion and integration of the concept of cooperatives in the
livelinood of the people and other community activities;

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

5. Recommend to the Sangguniang Panlungsed and advise the City
Mayor on all other matters relative to cooperatives development and viability
enhancement which will improve the livelihood and the quality of life of the
inhabitants, and

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

SEC. 48. The City Population Officer. - a) The City Population Officer must

be a citizen of the Philippines, a resident of the City, of good moral character, 2 holder
of a college degree preferably with specialized training in population development from
a recognized college or university and a first grade civil service eligible or its equivalent.

He must have acquired experience in the implementation of programs on population

2


development or responsible parenthood for at least five (5) years immediately preceding
the date of his appointment.
b) The City Population Officer shall receive such compensation, emoluments
and allowances as may be determined by law,
c) The City Population Officer shall take charge of the Office Of The
Population Development, and ‘shall:
1. Formulate measures for the consideration of the Sangguniang
Panlungsod and provide technical assistance and support to the City Mayor in
carrying out measures to ensure the delivery of basic services and the provision
of adequate facilities relative to the integration of 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 programs and
projects which the City Mayor is empowered to implement and which the

Sangguniang Panlungsod is empowered to provide for under the Local

Govemment Code of 1991;
3. In addition to the foregoing duties and functions, the city population
officer shall

(i) Assist the City Mayor in the implementation of the
constitutional provisions relative to population development and the

promotion of responsible parenthood:

B


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

(ii) Implement appropriate population training programs
responsive to the cultural heritage of the inhabitants; and
4 Perform such other duties and functions and exercise such other

powers as provided for under the Local Government Code of 1991, and those

that are prescribed by law or ordinance.

SEC. 49. The City Agriculturist - a) The City Agriculturist must be a citizen of
the Philippines, a resident of the City, of good moral character, a holder of a college
degree preferably in agriculture or any other related course from a recognized college or
university and a first grade civil service eligible or its equivalent. He must have
practiced his profession in agriculture or acquired experience for at least five (5) years
preceding the date of his appointment.

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

¢) The City Agriculturist shall take charge of the Office For Agricultural
Services, and shall.

1, Formulate measures for the approval of the Sangguniang

Paniungsod and provide technical assistance and support to the City Mayor in

carrying our measures to ensure the delivery of basic services and the provision

of adequate facilities relative to agricultural services;

74


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 for
under the Local Government Code of 1991;

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
aquaculture and marine products are extended to farmers, fishermen
and local entrepreneurs;

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

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

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

(v) Coordinate with goverment agencies and

nongovernmental organizations which promote agricultural

tS


i)

productivity through appropriate technology compatible with

environmental integrity;

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

5. Recommend to the Sangguniang Paniungsod 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 for under the Local Govamment Code of 1991, and those
that are prescribed by law or ordinance.

SEC. 50. The City Environment and Natural Resources Officer. — a) The
City Government And Natural Resources Officer must be a citizen of the Philippines, a
resident of the City, of good moral character, a holder of a college degree preferably in
environment, forestry, agriculture or any other related course from a recognized college
or university and a first grade civil service eligible or its equivalent. He must have
acquired experience in environment and natural resources management, conservation
and utilization work for at least five (5) years immediately preceding the date of his
appointment.

b) The City Environment And Natural Resources Officer shall receive a
minimum monthly compensation equivalent to Salary Grade Twenty-six (26) as
prescribed under the Salary Standardization Law, and such compensation, emoluments

and allowances as may be determined by law.

16


20

21

c) The City Environment And Natural Resources officer ‘shall take charge of

the Office Of The Environment And Natural Resources, and shall:

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

2. Develop plans and strategies and, upon approval thereof by the
City Mayor, implement the same, particularly those which have to do with the
environment and natural resources programs and projects which the City Mayor
is empowered to implement and which the Sangguniang Panlungsod is
‘empowered to provide for under the Local Govemment Code of 1991;

3. In addition to the foregoing duties and functions, the City
Environment And Natural Resources Officer shall

(i) 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;

(i) Provide extension service to beneficiaries of forest
development projects and render assistance for natural resources-
related conservation and utilization activities consistent with

ecological balance;


1 (ii) Manage and maintain seedbanks and produce seedlings for

2 forest and tree parks;

3 (iv) Promote the small-scale mining and utilization of mineral

4 resources, particularly the mining of gold; and

5 (v) Coordinate © with © govemment agencies += and

6 nongovernmental organizations in the implementation of measures to

7 prevent and control land, air and water pollution, with the assistance

8 of the Department of Environment and Natural Resources;

9 4 Be in the frontline of the delivery of services conceming the
10 environment and natural resources, particularly in the renewal and rehabilitation

nl of the environment during and in the aftermath of man-made and natural

12 disasters or calamities;

13 5, Recommend to the Sangguniang Panlungsod and advise the City
4 Mayor on all matters relative to protection, conservation, maximum utilization,
Is application of appropriate technology and other matters related to the
16 environment and natural resources; and

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

20 SEC. 51. The City Tourism Officer. - a) The City Tourism Officer must be a

21 citizen of the Philippines, a resident of the City, of good moral character, @ holder of a

vw
8

college degree preferably with specialized training in tourism development from a

B

3 recognized college or university and a first grade civil service eligible or its equivaisnt.

ui}


He must have acquired experience in the implementation of programs on tourism
development for at least five (5) years immediately preceding the date of his
appointment.

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

c) The City Tourism Officer shall take charge of the City Tourism Office and
shall assist the City Mayor and the local tourism council in developing and implementing
Programs, and shall

4. Encourage the local government unit to enact local iegislation adopting
the Department of Tourism (DOT) accreditation standards for tourism facilities
and services;

2. Ensure a pleasant experience and stay of tourists while at the sare
time protecting the interests, welfare and rights of the City;

3. Develop tourist products and destinations that will benefit the City and
its local community;

4. Pursue the implementation of the national tourism master plans, the
national ecotourism strategy and the area specific plans of the national and local
government units;

5. Support the local government unit in promoting festivals, fiestas and
other tourism-related activities; and

6. Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and those

that are prescribed by law or ordinance.


v

SEC. 52. The City Human Resource Development Officer. — @) The City
Human Resource Development Officer must be a citizen of the Philippines, a resident of
the City, of good moral character, a holder of a college degree preferably in psychology
or any related course from a recognized college or university and a first grade civil
service eligible or its equivalent. He must have acquired experience in personnel
administration.

b) The City Human Resource Development Officer ‘shall receive a minimum
monthly compensation equivalent to Salary Grade Twenty-Five (25) as prescribed
under the Salary Standardization Law, and such compensation, emoluments and
allowances as may be determined by law.

c) The City Human Resource Development Officer shall take charge of the
Human Resource Development Office, and shall:

4. Develop 2 human resource management program for approval by the
City Mayor and the Sangguniang Panlungsod;

2. Assist the City Mayor in implementing the city’s policies and programs
relative to recruitment and selection, appointments, training, promotion,
compensation and other personnel actions involving Officials and employees of
the City;

3, Recommend to the Sangguniang Panlungsod and advise the City
Mayor on ail matters relative to human resource: management and development;

4. Establish and maintain a sound personnel program for the City
designed to promote career development and uphold the merit principie in the

local government service;


5. Conduct a continuing organizational development of the City, with the
end in view of instituting effective administrative reforms; and

6. Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and those

that are prescribed by law or ordinance.

ARTICLE Vill
The City Fire Station Service, The City Jail
Service, The City Schools Division And
The City Prosecution Service

SEC. 53. 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 Goverment (DILG). The City shall provide the
necessary iand or 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 for under the Philippine National Police Law.

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

SEC. 54. The City Jail Service. — a) There shall be established and maintained
in the City a secured, clean and adequately equipped jaii for the custody and
safekeeping of prisoners, any fugitive from justice, or person detained awaiting


investigation or trial or transfer to the national penitentiary, or the violent mentally ill
person who endangers himself or the safety of others, duly certified as such by the
proper medical health officer, pending the transfer to a mental institution.

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

SEC. 55. The City Schools Division. - a) The DepEd shall establish and
maintain a City Schools Division of the City of Carmona whose area of jurisdiction will
cover all the school districts within the City.

b) The city schools division shall be headed by a city schools Division
‘Superintendent who must possess the necessary qualifications required by the DepEd

SEC. 56. The City Prosecution Service. —a) There shail be established in the
City @ prosecution service to be headed by a City Prosecutor and such number of
assistant city prosecutors as may be necessary who shall be organizationally part of the
Department of Justice (DO), and under the supervision and control of the Secretary of
Justice and whose qualifications, manner of appointment, rank, salary and benefits shall
be governed by existing laws covering prosecutors in the DOJ.

b) The City Prosecutor shall handle the criminal prosecution in the municipal
trial courts in the City as well as in the regional trial courts for criminal cases originating

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10
1
12
13

23
24

25

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.

c) The Secretary of Justice shall aways assure 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 es provided hereinabove.

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

SEC. 57 Municipal Ordinances Existing at the Time of the Approval of This
Act. — All municipal ordinances of the Municipality of Carmona existing at the time of the
approval of this Act shall continue to be in force and effect within the City of Carmona
until the Sangguniang Panlungsod shall provide otherwise.

SEC. 58. Plebiscite. — The City of Carmone 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 Carmona within thirty (30)
days from the approval of this Act. The expenses for such plebiscite shall be borne by
the Municipality of Carmona. The Commission on Elections shall conduct and
‘supervise such plebiscite.

SEC. 59. Officials of the City of Carmona. — The present elective officials of
the Municipality of Carmona shall continue to exercise their powers and functions until
such time that a new election is held and the duly elected officiais shall have already

83


qualified and assumed their offices. The appointive officials and employees of the
municipality shall likewise continue exercising their functions and duties and they shall
automatically be absorbed by the city goverment of Carmona.

SEC . 60. Succession Clause. — The City of Carmona shall succeed to all the
assets, properties, liabilities and obligations of the Municipality of Carmona.

SEC. 61. Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Cavite. — The qualified voters of the City of Carmona
shall be qualified to vote and run for any elective position in the elections for provincial
govemor, provincial vice governor, Sangguniang Panlalawigan members and other
elective offices for the Province of Cavite.

SEC. 62. Jurisdiction of the Province of Cavite. - The City of Carmona shail,
unless otherwise provided by law, continue to be under the jurisdiction of the Province
of Cavite.

SEC. 63. Suspension of Increase in Rates of Local Taxes. — No increase in
the rates of Jocal taxes shall be imposed by the City within the period of five (5) years
from its acquisition of corporate existence.

SEC. 64. Legislative District — The City of Carmona shail continue to be under
the 5" Legislative District of the Province of Cavite after the effectivity of this Act.

SEC. 65. Applicability of Laws — The provisions of Republic Act No 7160,
‘otherwise known as the Local Govemment Code of 1991, and such laws as are
applicable to component cities shall gover the City of Carmona insofar as they are not

inconsistent with the provisions of this Act.


SEC. 66. Reservation. ~ Nothing herein contained shall preclude the
determination by the appropriate agency or forum of any boundary dispute or case
involving question of territorial jurisdiction between the City of Carmona and any of the
adjoining local government units even after the effectivity of this Act.

SEC. 67. Separability Clause. — \f, for any reason, any part or provision of this
Act is declared invalid or unconstitutional, the remaining parts or provisions not affected
thereby shall remain in full force and effect.

SEC. 68. Repealing Clause. — All laws, decrees, rules and regulations or pars
thereof inconsistent with the provisions of this Act are hereby repealed, or modified
accordingly.

SEC. 69. Effectivity. - This Act shail take effect fifteen (15) days after
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

85