August 24, 2021
11:40 am
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Republic of the Philippines 
HOUSE OF REPRESENTATIVE 
QUEZON CITY, METRO MANILA 
EIGHTEENTH CONGRESS 
Third Regular Session 
HOUSE BILL NO. 
Introduced by: HON. LORNA P. BAUTISTA-BANDIGAN 
 HON. CLAUDINE DIANA D. BAUTISTA-LIM 
AN ACT CONVERTING THE MUNICIPALITY OF MALITA IN THE PROVINCE OF DAVAO 
OCCIDENTAL INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF MALITA 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
ARTICLE I 
GENERAL PROVISIONS 
Section 1. Title. – This Act shall be known as the “Charter of the City of Malita” 
Section 2. The City of Malita. – The Municipality of Malita shall be converted into a 
component city to be known as the City of Malita consisted of Barangays Bito, Bolila, Buhangin, 
Culaman, Felis, Fishing Village, Kibalatong, Kidalapong, Kinangan, Lacaron, Lagumit, Lais, 
Little Baguio, Mana, New Argao, Pangian, Poblacion, Sangay, Talogoy, Tical, Ticulon, Tingolo 
and Tubalan hereinafter referred to as the City, which shall comprise the present jurisdiction of 
the Municipality of Malita, Province of Davao Occidental. 
The territorial jurisdiction of the City shall be within the present metes and bounds of the 
Municipality of Malita. 
The foregoing provision shall be without prejudice to the resolution by the appropriate 
agency or forum of existing boundary disputes or cases involving questions of territorial 
jurisdiction between the City of Malita and the adjoining local government units 
(LGUs): Provided, That, the territorial jurisdiction of the disputed area or areas shall remain with 
the local government unit, which has existing administrative supervision over said area or areas 
until the final resolution of the case. 
Section 3. Corporate Powers of the City. – The City constitutes a political body 
corporate and as such is endowed with the attributes of perpetual succession and possessed of 
the powers which pertain to a municipal corporation to be exercised in conformity with the 
provision of this Charter. The City shall have the following corporate powers: 
(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;
(c) To have and use a corporate seal;
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(d) To acquire, hold and convey real or personal property; 
(e) To enter into any contract and/or agreement; ad 
(f) To exercise such other powers, prerogatives or authority subject to the limitations 
provided under Republic Act No. 7160, otherwise known as the Local Government Code 
of 1991, as amended, this Act or laws. 
Section 4. General Powers. – The City shall have a common seal and may alter the 
same at pleasure: Provided, that any change of corporate seal shall be registered with the 
Department of the Interior and Local Government (DILG). It shall exercise the powers to levy 
taxes, fees and charges; to close and open roads, streets, alleys, parks or squares; to take, 
purchase, receive, hold, lease, convey and dispose of real and personal property for the general 
interests of the City; to expropriate or condemn private property for public use; to contract and 
be contracted with; to sue and be sued; to prosecute and defend to final judgment and 
execution suits wherein the City is involved or interested in; and to exercise all the powers as 
are granted to corporations or as hereinafter granted. 
Section 5. General Welfare Clause of the City. – The City shall exercise the powers 
expressly granted, those necessarily implied therefrom, as well as powers necessary, 
appropriate or incidental for its efficient and effective governance, and those which are essential 
to the promotion of the general welfare. 
Within its territorial jurisdiction, the City shall ensure and support the preservation and 
enrichment of its culture, promote health and safety, enhance the right of the people to a 
balanced ecology, encourage and support the development of appropriate and self-reliant 
scientific and technological capabilities, improve public morals, enhance economic prosperity 
and social justice, promote full employment among their residents, maintain peace and order, 
and preserve the comfort and convenience of their inhabitants. 
Section 6. Liability for Damages. – The City and its officials shall not be exempt from 
liability for death or injury to persons or damage to property. 
Section 7. Jurisdiction of the City. – The jurisdiction of the City, for police purposes only, 
shall be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring 
the purity of the water supply in the City, such police jurisdiction shall also extend over all the 
territory within the drainage area of such water supply, or within one hundred meters (100 m.) of 
any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City 
water service. 
The city court of the City of Malita and the city or municipal courts of the adjoining cities 
and municipalities shall have concurrent jurisdiction to try crimes and misdemeanors committed 
within the said drainage area or areas within said spaces of one hundred meters (100 m.) of any 
reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water 
service delivery. 
The court first taking jurisdiction of such offense shall have jurisdiction to try cases to the 
exclusion of others. The police force of the municipalities and cities concerned shall have 
concurrent jurisdiction with the police forces of the City for the maintenance of good order and 
the enforcement of ordinances throughout said zone, area or space. Any license that may 


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issued within said zone, area or space shall be granted by the proper authorities of the city or 
municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said 
city or municipality concerned and not to the City. 
ARTICLE II 
CITY OFFICIALS IN GENERAL 
Section 8. The Officials of the City of Malita. – (a) There shall be in the City of Malita: a 
City Mayor, a City Vice Mayor, Sangguniang Panlungsod members, a secretary to the 
Sangguniang Panlungsod, a city treasurer and an assistant city treasurer, a city assessor and 
an assistant city assessor, a city accountant, a city budget officer, a city planning and 
development officer, a city engineer, a city health officer, a city social worker and development 
officer, a city veterinarian and a city general services officer. 
(b) In addition thereto, the City Mayor may appoint a city environment and natural 
resources officer, a city architect, a city information officer, a city cooperatives officer, a 
city population officer and a city agriculturist. 
(c) The Sangguniang Panlungsod may: 
(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; 
(2) Create such other offices as may be necessary to carry out the purposes of 
the city government; or 
(3) Consolidate the functions of any office with those of another in the interest of 
efficiency and economy. 
(d) Unless otherwise provided herein, heads of department and offices shall be 
appointed by the City Mayor with the concurrence of the majority of all the Sangguniang 
Panlungsod members, subject to civil service law, rules and regulations. The 
Sangguniang Panlungsod shall act on the appointment within fifteen (15) days from the 
day of its submission, otherwise the same shall be deemed confirmed. 
(e) Elective and appointive city officials shall receive compensation, allowances and 
other emoluments as may be determined by law or ordinances subject to the budgetary 
limitations on personal services prescribed under title Five, Book II of Local Government 
Code of 1991, as amended: Provided, That no increase in the compensation of the City 
Mayor, City Vice Mayor and the Sangguniang Panlungsod member shall take effect until 
after the expiration of the full term of the local officials approving the increase. 
ARTICLE III 
THE CITY MAYOR AND CITY VICE MAYOR 
Section 9. The City Mayor. – (a) The City Mayor shall be the chief executive of the City 
and shall be elected at large by the qualified voters of the City. No person shall be eligible for 
the position of City Mayor unless at the time of the election: 
(1) He is at least twenty-one (21) years of age; 


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(2) A resident of the City for at least one (1) year immediately preceding the day 
of the election; and 
 
(3) A qualified registered voter therein and is able to read and write Filipino or 
any local language or dialect. 
He shall hold office for three (3) years, unless sooner removed, and shall not 
serve for more than three (3) consecutive terms in the same position. The City Mayor 
shall receive a minimum monthly compensation to Salary Grade Thirty (30) as 
prescribed under Republic Act No. 6758, as amended, otherwise known as the 
“Compensation and Position Classification Act of 1989”, and the implementing guideline 
issued pursuant thereto and such other compensation, emoluments and allowances as 
may be determined by law. 
(b) The City Mayor, as the Chief Executive of the City Government, shall exercise 
such powers and perform such duties and functions as provided under the Local 
Government Code of 1991, as amended, this Act and other laws. 
(c) For efficient, effective and economical governance the purpose of which is the 
general welfare of the City and its inhabitants, the City Mayor shall: 
(1) Exercise general supervision and control over all programs, projects, 
services, and activities of the city government and, in this connection, shall: 
(i) Determine the guidelines of city policies and be responsible to the 
Sangguniang Panlungsod for the program of government; 
(ii) Direct the formulation of the city development plan with the assistance 
of the city development council and upon approval thereof by the 
Sangguniang Panlungsod, implement the same; 
(iii) Present the program of government and propose policies and projects 
for the consideration of the Sangguniang Panlungsod at the opening of 
the regular session of the Sangguniag Panlungsod every calendar year 
and as often as may be deemed necessary as the general welfare of the 
inhabitants and the needs of the city government may require; 
(iv) Initiate and propose legislative measures to the Sangguniang 
Panlungsod and as often as may deemed necessary, provide such 
information and data needed for 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 out of city funds and whose appointments are not 
otherwise provided under the Local Government Code of 1991, as 
amended, and this Act, and those whose appointment the City Mayor 
may be authorized b law to appoint: 


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(vi) Represent the City in all its business transactions and sign in its 
behalf if all bonds, contracts, obligations, and such other documents upon 
the 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 natural disasters and calamities 
(viii) Determine the time, manner and place of payment of salaries or 
wages of the officials and employees of the City, in accordance with law 
or ordinance; 
(ix) Allocate and assign office space of the City and other officials and 
employees who, by law or ordinance, are entitled to such space in the city 
hall and their buildings owned or leased by the city government; 
(x) Ensure that all executive officials and employees of the City faithfully 
discharge their duties and functions as provided as by law and the Local 
Government Code of 1991, as amended, and cause to be instituted 
administrative or judicial proceedings against any official or employee of 
the City who may have committed an offense in the performance of 
official duties; 
(xi) Examine books, records and other documents of all offices, officials, 
agents or employees of the City and, in aid of the executive powers and 
authority of the City Mayor, require all national officials and employees 
stationed in or assigned to the City to make available such books, records 
and other documents in their custody except those classified by law as 
confidential; 
(xii) Furnish copies of executive orders issued by the City Mayor to the 
office of the provincial governor within seventy-two (2) hours after their 
issuance; 
(xiii) Visit component barangays of the City at least once every six (6) 
months to deepen his understanding of problems and conditions, listen 
and give appropriate counsel to local officials and inhabitants, inform 
component barangay officials and inhabitants of general laws and 
ordinances which especially concern them, and otherwise conduct visits 
and inspections to ensure that the governance of the City will improve the 
quality of life of the inhabitants; 
(xiv) Act on leave applications officials and employees on 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: Provided, that trips 
abroad for a longer period may be authorized in accordance with the 
Local Government Code of 1991, as amended; 


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(xvi) Call upon any national office or employee stationed in or assigned to 
the City for advice on matters affecting the City and to make 
recommendations thereon; coordinate with said officials and employees 
in the formulation and the implementation of plans, programs and 
projects; and when appropriate, initiate an administrative or judicial action 
against a national government official or employee who may have 
committed an offense in the performance of the official duties while 
stationed in or assigned to the City; 
(xvii) Authorize payment for medical care, necessary transportation, 
subsistence, hospital or medical fees of city officials and employees who 
are injured while in the performance of their official duties and functions, 
subject to availability of funds; 
(xviii) Solemnize marriages, any provision of law to the contrary 
notwithstanding; 
(xix) Conduct an annual palarong panlungsod which shall feature 
traditional sports and discipline included in national and international 
games, in coordination with the Department of Education (DepEd); and 
(xx) Submit to the provincial governor the following reports: an annual 
report containing a summary of all matters pertinent to the management, 
administration and development of the City and all information and data 
relative to its political, social and economic conditions; supplemental 
reports when unexpected events and situations arise at any time during 
the year, particularly when man-made or natural disasters or calamities 
affect the general welfare of the City. 
(2) Enforce all laws and ordinances relative to the governance of the City and in 
the exercise of its appropriate powers as well as implement all approved policies, 
programs, projects, services and activities of the City and in addition to the 
foregoing, shall: 
(i) 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 provincial and national officials 
and employees stationed in or assigned to the City, at such time and 
place and on such subject one may deem important for the promotion of 
the general welfare of the local government unit and its inhabitants; 
(iii) Issue such executive orders for the faithful and appropriate 
enforcement and execution of laws and ordinances; 
(iv) Be entitled to carry the necessary firearms within his or her territorial 
jurisdiction; 


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(v) Act as the deputized representative of the National Police 
Commission, formulate the peace and order plan of the City, upon its 
approval, implement the same; and as such, exercise general and 
operational control and supervision over the police forces in the City in 
accordance with Republic Act No. 6975, otherwise known as the 
“Department of the Interior and Local Government Act of 1990”; and 
(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 to requires and the city police 
forces are inadequate to cope with the situation or the violations. 
(3) Initiate and maximize the generation of resources and revenues and apply the 
same to the implementation of development plans, program objectives and 
priorities, particularly the resources and revenues programmed for agro-industrial 
development and countryside growth and progress, ad relative thereto, shall: 
(i) Require each head of an office or department to prepare and submit an 
estimate of appropriations for the ensuing calendar year, in accordance 
with the budget preparation process enshrined under the Local 
Government Code of 1991; 
(ii) Prepare and submit to the Sanggunian for approval the executive and 
supplemental budgets of the City for the ensuing calendar year in the 
manner provided for under the Local Government Code of 1991, as 
amended; 
(iii) Ensure that all taxes and other revenues of the City are collected and 
that city funds are applied to the payment of expenses and settlement of 
obligations of the City, in accordance with law or ordinance; 
(iv) Issue licenses and permits and suspend or revoke the same for any 
violation of the conditions upon which said licenses or permits had been 
issued pursuant to law or ordinance; 
(v) Issue permits without need of approval therefor from any national 
agency, for the holding of activities for any charitable or welfare purpose, 
excluding prohibited games of chance or shows contrary to law, public 
policy and public morals; 
(vi) Require owners of illegally constructed houses, buildings or other 
structures to obtain the necessary permits, subject to such fines and 
penalties as may be imposed by law ordinance, or to make necessary 
changes in the construction of the same when said construction violates 
any law or ordinance, or to order the demolition or removal of said house, 
building or structure within the period prescribed by law or ordinance; 
(vii) Adopt adequate measures to safeguard and conserve land, mineral, 
forest, marine and other resources of the City; 


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(viii) Provide efficient and effective property and supply management in 
the city, and protect the funds, credits, right and other properties of the 
City; and 
(ix) Institute or cause to be instituted administrative or judicial 
proceedings for violation of ordinance in the collection of taxes, fees or 
charges, and for the recovery of funds and property; and cause the City to 
be defended against all suits to ensure that its interests, resources and 
rights shall be adequately protected. 
(4) Ensure the delivery of basic services and the provision of adequate facilities 
and, in addition thereto, shall: 
(i) Ensure that the construction and repair of roads and high ways funded 
by the national government shall be, as far as practicable, carried out 
spatially contiguous manner and in coordination with the construction and 
repair of the roads and bridges of the City and of the province; and 
(ii) Coordinate the implementation of technical services, including public 
works and infrastructure programs, rendered by national offices and 
provincial office. 
(5) Exercise such other powers and perform such other duties and functions as 
provided under the Local Government Code of 1991, and that those are 
prescribed or by law and ordinance. 
(d) During the incumbency of the City Mayor, he or she shall hold office in the City Hall. 
Section 10. The City Vice Mayor. - (a) There shall be a City Vice Mayor who shall be 
elected in the same manner as the City Mayor and shall at the time of election possessed the 
same qualifications as the City Mayor. The City Vice Mayor shall hold office for three(3) years, 
unless sooner removed, and shall receive a monthly compensation corresponding to Salary 
Grade twenty six(SG-26) as prescribed under the “Compensation and Position Classification Act 
of 1989”, and the implementing guidelines issued pursuant thereto, and such other 
compensation, emoluments and allowances as maybe determined by law. 
(b) The City Vice Mayor shall exercise the following duties: 
(1) Act as presiding officer as the Sangguniang Panlungsod and sign all warrants 
drawn on the city treasury for all expenditures appropriated for the operation of 
the Sangguniang Panlungsod: 
(2) Subject to civil service law, rules and regulations, appoint all officials and 
employees including the secretary of the Sangguniang Panlungsod, except those 
manner of appointment is specifically provided under the Local Government 
Code of 1991, as amended; 
(3) Assume the office of the City Mayor for the unexpired term of the latter in the 
event of permanent vacancy as provided under the Local Government Code of 
1991, as amended; 


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(4) Exercise powers and perform the duties and functions of the City Mayor in 
cases of temporary vacancy as provided under the Local Government Code of 
1991, as amended; and 
(5) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code 1991, as amended, and those that 
are prescribed by the law and ordinance. 
ARTICLE IV 
THE SANGGUNIANG PANLUNGSOD 
Section 11. Composition. - (a) The Sangguniang Panlungsod, the legislative body of the 
City, shall be composed of the City Vice Mayor as the presiding officer, ten (10) regular 
Sanggunian 
members, 
the 
President 
of 
the 
city 
chapter 
of 
the 
Liga 
ng 
mga 
Barangay, 
the 
President of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan and the three (3) 
sectoral representatives from the following sectors as members: one (1) from the women sector; 
and, as shall be determined by the Sangguniang Panlungsod within ninety (90) days prior to the 
holding of the local elections, one (1) from the agricultural or industrial workers sector; and one 
(1) from the other sectors, including the urban poor, indigenous cultural communities, or 
persons with disabilities (PWDs). 
(b) The regular members of the Sangguniang Panlungsod and the sectoral 
representatives shall be elected in the manner as may be provided for by law. 
(c) The members of the Sangguniang Panlungsod shall received a minimum monthly 
compensation corresponding to Salary Grade Twenty-Five (SG-25) as prescribed under 
the "Compensation and Position Classification Act of 1989", as amended, and the 
implementing guidelines issued pursuant thereto. 
Section 12. Powers, Duties, Functions and Compensation. - (a) The Sangguniang Panlungsod, 
as the legislative body of the City, shall enact ordinances, approve resolutions and appropriate 
funds for the general welfare of the City and its inhabitants pursuant to Section 16 of the Local 
Government Code of 1991, as amended, and in the proper exercise of the corporate powers of 
the City as provided under Section 22 of the Local Government Code, as amended, and shall: 
(1) Approve ordinances and pass resolutions necessary for an efficient and effective city 
government and relative hereto shall: 
(i) Review all ordinances approved by the Sangguniang Barangay and executive 
orders issued by the Punong Barangay to determine whether these are within the 
scope of the prescribed powers of the Sangguniang Barangay and of the Punong 
Barangay; 
(ii) Maintain peace and order by enacting measures to prevent and suppress 
lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties 
for the violation of said ordinances; 


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(iii) Approve ordinances imposing fine not exceeding Five thousand pesos 
(P5,000) or an imprisonment for a period not exceeding one (1) year, or both at 
the discretion of the court, for violation of a city ordinances; 
(iv) Adopt measures to protect the inhabitants of the City from the harmful effects 
of man-made or natural disasters and calamities, and to provide relief services 
and assistance for victims during and in the aftermath of said disasters or 
calamities and in their return to productive livelihood following said events; 
(v) Enact ordinances intended to prevent, suppress and impose appropriate 
penalties for habitual drunkenness in public places, vagrancy, mendicancy, 
prostitution, establishment and maintenance of houses of ill-repute, gambling and 
other prohibited games of chance, fraudulent devices and ways to obtain money 
or property, drug addiction, maintenance of drug dens, drug pushing, juvenile 
delinquency, the printing, distribution or exhibition of obscene or pornographic 
materials or publications, and such other activities inimical to the welfare and 
morals of the inhabitants of the City; 
(vi) Protect the environment. To the end, it may set aside, at least, ten percent 
(10%) of its development funds for the purpose of maintaining and enhancing the 
ecological balance of the City. It may also impose appropriate penalties for acts 
which endanger the environment, such as dynamite fishing and other forms of 
destructive fishing, illegal logging, smuggling of logs, smuggling of natural 
resources products and of endangered species of flora and fauna, slash-and-
burn farming and such other activities which result in pollution, acceleration of 
siltation of rivers and lakes or of ecological imbalance; 
(vii) Subject to the provisions of the Local Government Code of 1991 and the 
pertinent laws, determine the powers and duties of officials and employees of the 
City; 
(viii) Consistent with the Salary Standardization Law, determine the positions and 
the salaries, wages, allowances and other emoluments and benefits of officials 
and employees paid wholly or mainly from city funds and provide for 
expenditures necessary for the proper conduct of programs, projects, services 
and activities of the city government. 
(ix) Authorize the payment of compensation to a qualified person not in the 
government service who fills up temporary vacancy or grant honorarium to any 
qualified official or employee designated to fill a temporary vacancy in a 
concurrent capacity at the rate authorized by law; 
(x) Provide a mechanism and the appropriate funds therefor, to ensure the safety 
and protection of all city government property, public documents, or records such 
as those relating to property inventory, land ownership, record of births, 
marriages, deaths, assessments, taxation, accounts, business permits and such 
other records and documents of public interest in the offices and departments of 
the city government; 


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(xi) When the finances of the city government allow, provide for additional 
allowances and other benefits to judges, prosecutors, public elementary and high 
school teachers, and other national government officials stationed in or assigned 
to the City; 
(xii) Provide legal assistance to barangay officials who, in the performance of 
their duties or on the occasion thereof, have to initiate judicial proceedings or 
defend themselves against legal actions; and 
(xiii) Provide for group insurance or additional insurance coverage for all 
barangay officials, including members of barangay tanod brigades and other 
service units, with public or private insurance companies, when the finances of 
the city government allows said coverage. 
(2) Generate and maximize the use of the resources and revenues for the development 
plans, program objectives and priorities of the City, as provided under the Local 
Government Code of 1991, as amended, with particular attention to agro-industrial 
development and city-wide growth and progress, and relative thereto, shall: 
(i) Approve the annual and supplemental budgets of the city government and 
appropriate funds for specific programs, projects, services and activities of the 
City, or for other purposes not contrary to law in order to promote the general 
welfare of the City and its inhabitants; 
(ii) Subject to the provisions of Book II of the Local Government Code of 1991, as 
amended, and applicable laws and upon the majority vote of all the members of 
the Sangguniang Panlungsod, enact ordinance levying taxes, fees and charges, 
prescribing the rates thereof for general and specific purposes and granting tax 
exemptions, incentives or reliefs; 
(iii) Subject to the provisions of Book II of the Local Government Code of 1991, 
as amended, and upon the majority vote of all the members of the Sangguniang 
Panlungsod, authorize the City Mayor to negotiate and contract loans and other 
forms of indebtedness; 
(iv) Subject to the provisions of Book II of the Local Government Code of 1991, 
as amended, and applicable laws and upon the majority of vote of all the 
members of the Sangguniang Panlungsod, enact ordinances authorizing the 
floating of bonds or other instruments of indebtedness, for the purpose of raising 
funds to finance development projects; 
(v) Appropriate funds for the construction and maintenance of the rental of 
buildings for the use of the City; and, upon the majority vote of all the members of 
the Sangguniang Panlungsod, authorize the City Mayor to lease to private parties 
such public buildings held in a proprietary capacity, subject to existing laws, rules 
and regulations; 
(vi) Prescribe reasonable limits and restraints on the use of property within the 
jurisdiction of the City; 


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(vii) Adopt a comprehensive land use plan for the City: Provided, that, the 
formulation, adoption or modification of said plan shall be in coordination with the 
approved provincial comprehensive land use plan; 
(viii) Reclassify lands within the jurisdiction of the City subject to the pertinent 
provisions of the Local Government Code of 1991, as amended; 
(ix) Enact integrated zoning ordinance in consonance with the approved 
comprehensive land use plan, subject to existing laws, rules and regulations; 
establish fire limits or zones, particularly in populous centers, and regulate the 
construction, repair or modification of buildings within said fire limits or zones in 
accordance with the provisions of the Fire Code of the Philippines; 
(x) Subject to national law, process and approve subdivision plans for residential, 
commercial or industrial purposes and other development purposes, and to 
collect processing fees and other charges, the proceeds of which shall accrue 
entirely to the City: Provided, however, that where approval of a national agency 
or office is required, said 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; 
(xi) Subject to the provisions of Book II of the Local Government Code of 1991, 
as amended, grant the exclusive privilege of constructing fish corrals or fish 
pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of 
any species of fish within the city waters; 
(xii) With the concurrence of at least twothirds (2/3) of all the members of the 
Sangguniang Panlungsod, grant tax exemptions, incentives or reliefs to entities 
engaged in community growth-including industries, subject to the provisions of 
the Local Government Code of 1991, as amended; 
(xiii) 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; 
(xiv) Regulate the numbering of residential, commercial and other buildings; and 
(xv) Regulate the inspection, weighing and measuring of articles of commerce; 
(3) Subject to the provisions of the Local Government Code of 1991, as amended, enact 
ordinances granting franchises and authorize the issuance of permits or licenses, upon 
such conditions and for such purposes intended to promote the general welfare of the 
inhabitants of the City and pursuant to this legislative authority, shall: 
(i) Fix and impose reasonable fees and charges for all services rendered by the 
city government to private persons or entities; 


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(ii) 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; 
(iii) Provide for and set terms and conditions under which public utilities owned by 
the City shall be operated by the city government, and prescribe the condition 
under which the same may be leased to private persons or entities, preferably 
cooperatives; 
(iv) 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; 
(v) Any law contrary notwithstanding, authorize and license the establishment, 
operation and maintenance of cockpits, and regulate cockfighting and 
commercial breeding of gamecocks: Provided, that existing rights should not be 
prejudiced; 
(vi) Subject to the guidelines prescribed by the Department of Transportation 
(DOTr), regulate the operation of tricycles and grant franchises for the operation 
thereof within the territorial jurisdiction of the City; and 
(vii) Upon approval by a majority vote of all the members of the Sangguniang 
Panlungsod, grant a franchise for any persons, partnership, corporation or 
cooperative to do business within the City; establish, construct, operate and 
maintain ferries, wharves, markets or slaughterhouses; or undertake such other 
activities within the City as may be allowed by existing laws: Provided, that 
cooperatives shall be given preference in the grant of such a franchise. 
(4) Regulate activities relative to the use of land, buildings and structures within the City 
in order to promote the general welfare and for said purpose, shall: 
(i) Declare, prevent or abate any nuisance; 
(ii) With the concurrence of the majority of the members of the Sangguniang 
Panlungsod, a quorum being present, deny the entry of legalized gambling by 
ordinance into any part of the City or regulate its location in the City; 
(iii) Require that buildings and the premises thereof and any land within the City 
be kept and maintained in a sanitary condition; impose penalties for any violation 
thereof; or upon failure to comply with said requirement, have the work done at 
the expense of the owner, administrator or tenant concerned require the filling up 
of any land or premises to a grade necessary for proper sanitation; 
(iv) Regulate the disposal of clinical and other wastes from hospitals, clinics and 
other similar establishments; 
(v) 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; 


14 
 
(vi) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, 
mixed or fermented liquors at any retail outlets; 
(vii) 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; 
(viii) Regulate the establishment, operation and maintenance of any 
entertainment or amusement facilities, including the theatrical performances, 
circuses, billiard halls, public dancing schools, public dance halls, sauna baths, 
massage parlors and other places for entertainment or amusement; regulate 
such other events or activities for amusement or entertainment, particularly those 
which tend to disturb the community or annoy the inhabitants, or require the 
suspension or suppression of the same; or prohibit certain forms of amusement 
or entertainment in order to protect the social and moral welfare of the 
community; 
(ix) Regulate the establishment, operation and maintenance of funeral parlors 
and the burial or cremation of the dead, subject to existing laws, rules and 
regulations; and 
(x) Provide for the impounding of stray animals; regulate the keeping of animals 
in homes or as part of a business, and the slaughter, sale or disposition of the 
same; and adopt measures to prevent and penalize cruelty to animals. 
(5) Approve ordinances which shall ensure the efficient and effective delivery of the 
basic services and facilities as provided for under the Local Government Code of 1991, 
as amended, and in addition to said services and facilities, shall: 
(i) Provide for the establishment, maintenance, protection and conservation of 
communal forest and watersheds, tree parks, greenbelts, mangroves and other 
similar forest development projects; 
(ii) Establish markets, slaughterhouses or animal corrals and authorize the 
operation thereof by the city government; and regulate the construction and 
operation of private markets, talipapas or other similar buildings and structures; 
(iii) Authorize the establishment, maintenance and operation by the city 
government of ferries, wharves and other structures intended to accelerate 
productivity related to marine and seashore or offshore activities in the 
preservation thereof; 
(iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, 
fresh dairy products, and other foodstuffs for public consumption; 
(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and 
other public places and approve the construction, improvement, repair and 
maintenance of the same; establish bus and vehicle stops and terminals or 
regulate the use of the same by privately-owned vehicles which serve the public; 
regulate garages and operation of conveyances for hire; designate stands to be 


15 
 
occupied by public vehicles when not in use; regulate the putting up of signs, 
signposts, awnings and awning posts on the streets; and provide for the lighting, 
cleaning and sprinkling of streets and public places; 
(vi) Regulate traffic on all streets and bridges; prohibit encroachments or 
obstacles thereon and, when necessary in the interest of public welfare, 
authorize the removal of encroachments and illegal constructions in public 
places; 
(vii) Subject to existing laws, establish and provide for the maintenance, repair 
and operation of an efficient waterworks system to supply water for the City's 
inhabitants and to purify the source of the water supply; regulate the 
construction, maintenance, repair and use of hydrants, pumps, cisterns and 
reservoirs; protect the purity and quantity of the water supply of the City and, for 
this purpose, extend the coverage of appropriate ordinances over all territories 
within the drainage area of said water supply and within one hundred meters 
(100 m.) of the reservoir, canal, conduit, aqueduct, pumping station or watershed 
used in connection with the water service; and regulate consumption, use or 
wastage of water and fix and collect charges therefore; 
(viii) Regulate the drilling and excavation of the ground for the laying of water, 
gas, sewer and other pipes and the construction, repair and maintenance of 
public drains, sewers, cesspools, tunnels and similar structures; regulate the 
placing of poles and the use of crosswalks, curbs and gutters; adopt measures to 
ensure public safety against open canals, manholes, live wires and other similar 
hazards to life and property; and regulate the construction and use of private 
water closets, privies and other similar structure in buildings and homes; 
(ix) Regulate the pricing, stringing, attaching, installing, repair and construction of 
all gas mains, electric telegraph and telephone wires, conduits, meters and other 
apparatus; and provide for the correction, condemnation or removal of the same 
when found to be dangerous to the welfare of the inhabitants; 
(x) Subject to the availability of funds and the existing laws, rules and regulations, 
establish and provide for the operation of vocational and technical schools and 
similar post-secondary institutions and, with the Technical Education and Skills 
Development Authority (TESDA), as the case may be, and subject to existing 
laws on tuition fees, fix and collect reasonable tuition fees and other school 
charges in educational institutions supported by the city government; 
(xi) Establish a scholarship fund for the poor but deserving students in schools 
located within the jurisdiction or for students residing within the City; 
(xii) Approve measures and adopt quarantine regulations to prevent the 
introduction and spread of diseases; 
(xiii) Provide for an efficient and effective system of solid waste and garbage 
collection and disposal; prohibit littering and the placing or throwing of garbage, 
refuse and other filth and wastes; 


16 
 
(xiv) Provide for the care of persons with disabilities (PWDs), paupers, the 
elderly, the sick, persons of unsound mind, abandoned minors, juvenile 
delinquents, drug dependents, abused children and the youth below eighteen 
(18) years of age; and subject to availability of funds, establish and provide for 
the operation of centers and facilities for the said needy and disadvantaged 
persons; 
(xv) Establish and provide for the maintenance and improvement of jails and 
detention centers, institute a sound jail management program, and appropriate 
funds for the subsistence of detainees and convicted prisoners in the City; 
(xvi) Establish a city council whose purpose is the promotion of culture and the 
arts, coordinate with government agencies and nongovernmental organizations 
and, subject to the availability of funds, appropriate funds for the support and 
development of the same; and 
(xvii) Establish a city council for the elderly and senior citizens which shall 
formulate policies and adopt measures mutually beneficial to the elderly and to 
the community; provide incentives for nongovernmental agencies and entities 
and, subject to the availability of funds, appropriate funds to support programs 
and projects for the benefit of the elderly. 
(6) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
ARTICLE V 
PROCESS OF LEGISLATION 
Section 13. Internal Rules of Procedure. - (a) On the first regular session following the 
election of its members and within ninety (90) days thereafter, the Sangguniang Panlungsod 
shall adopt or update its existing rules of procedure. 
(b) The rules of procedure shall provide the following: 
(1) The organization of the Sanggunian and the election of its officers as wells as 
the creation of standing committees which shall include the committees on 
Appropriations, Revenues, Engineering and Public Works, Education and Health, 
Women and Family, Human Rights, Youth and Sports Development, 
Environmental Protection, Peace and Order and Traffic, and Cooperatives; the 
general jurisdiction of each committee; and the election of the chairman and 
members of each committee; 
(2) The order and calendar of business for each session; 
(3) The legislative process; 
(4) The parliamentary procedures which include the conduct of members during 
sessions; 


17 
 
(5) The discipline of members for disorderly behavior and absence without 
justifiable cause for four (4) consecutive sessions for which they may be 
censured, reprimanded or excluded from the session, suspended for not more 
than sixty (60) days or expelled: Provided, That the penalty of suspension or 
expulsion shall require the concurrence of at least two-thirds (2/3) vote of the 
Sangguniang members: Provided, further, That a members 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. 
Section 14. Full Disclosure of Financial and Business Interests of Sangguniang 
Panlungsod Members. - (a) Every Sangguniang Panlungsod member shall, upon assumption to 
office, make a full disclosure of their business and financial interests. Such disclosure shall also 
include a professional relationship or any relation by affinity or consanguinity within the fourth 
civil degree, which a Sanggunian member may have with any person, firm or entity affected by 
any ordinance or resolution under consideration by the Sanggunian and which relationship may 
result in conflict of interests. Such relationship shall include: 
(1) Ownership of stock or capital, or investment in the entity or firm to which the 
ordinance or resolution may apply; and 
(2) Contracts or agreements with any person or entity which the ordinance or 
resolution under consideration may affect. 
In the absence of a specific constitutional or statutory provision applicable to the 
situation, "conflict of interest" refers to a situation where it may be reasonably deduced 
that a member of the Sanggunian may not act in the public interest due to some private, 
pecuniary or other personal considerations that may tend to affect the exercise of 
judgment to the prejudice of the service or the public. 
(b) The disclosure required under this Act shall be made in writing and submitted to the 
secretary of the Sanggunian or the secretary of the concerned committee. The 
disclosure shall, in all cases, form part of the record of the proceedings and shall be 
made in the following manner: 
(1) Disclosure shall be made before the member participates in the deliberations 
on the ordinance or resolution under consideration: Provided, That if the member 
did not participate during the deliberations, the disclosure shall be made before 
voting on the ordinance or resolution on second and third readings; and 
(2) Disclosure shall be made when a member takes a position or makes a 
privilege speech on a matter that may affect the business interest, financial 
connection or professional relationship described herein. 
Section 15. Sessions. - (a) On the first day of the session immediately following the election of 
its members, the Sangguniang Panlungsod shall, by resolution, fix the day, time and place of its 
sessions. The minimum number of regular sessions shall be once a week for the Sangguniang 
Panlungsod and twice a month for the Sangguniang Barangay. 


18 
 
(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 od a majority of the members present, there being a 
quorum, in the public interest or for reasons of security, decency or morality. No two (2) 
sessions, regular or special, may be held in a single day. 
(d) In the case of special sessions of the Sanggunian, a written notice to the members 
shall be served personally at the members' usual place of residence at least twenty-four 
(24) hours before the special session is held. 
Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members 
present, there being a quorum, no other matters may be considered at a special session 
except those stated in the notice. 
(e) The Sanggunian Panlungsod shall keep a journal and record of its proceedings 
which may be published upon resolution of the majority of its members. 
Section 16. Quorum. - (a) A majority of all the members the Sanggunian who have been 
elected and qualified shall constitute a quorum to transact official business. Should a question of 
quorum be raised during a session, the presiding officer shall immediately proceed to call the 
roll of the members and thereafter announce the results. 
(b) Where there is no quorum, the presiding officer may declare a recess until such time 
as a quorum is constituted, or a majority of the members present may adjourns from day 
to day and may compel the immediate attendance of any member absent without 
justifiable cause by designating a member of the Sanggunian, to be assisted by a 
member or members of the police force assigned in the territorial jurisdiction of the City 
of Malita, to arrest the absent member and present him at the session. 
(c) If there is still no quorum despite the enforcement of the immediate preceding 
subsection, no business shall be transacted. The preceding officer, upon proper motion 
duly approved by the members present, shall then declare the session adjourned for 
lack of quorum. 
Section 17. Approval of Ordinances. - (a) Every ordinance enacted by the Sangguniang 
Panlungsod shall be presented to the City Mayor. If the City Mayor approves the same, the 
signature shall be affixed on each and every page thereof; otherwise, the ordinance shall be 
vetoed and returned the same with statements on the objections to the Sanggunian, which may 
proceed to reconsider the same. The Sanggunian may override the veto of the City Mayor by 
two-thirds (2/3) vote of all its members, thereby making the ordinances or resolution effective for 
all legal intents and purposes. 
(b) The veto shall be communicated by the City Mayor to the Sanggunian within ten (10) 
days; otherwise, the ordinance shall be deemed approved as if it had been signed. 
Section 18. Veto Power of the City Mayor. - (a) The City Mayor may veto any ordinance 
of the Sangguniang Panlungsod on the ground that it is ultra vires or prejudicial to the public 
welfare, stating the reasons for the veto in writing. 


19 
 
(b) The City Mayor shall have the power to veto any particular item or items of an 
appropriations ordinance, an ordinance or resolution adopting a local development plan 
and public investment program or an ordinance directing the payment of money or 
creating liability. In such case, the veto shall not affect the item or items which are not 
objected to. The vetoed item or items shall not take effect unless the Sangguniang 
Panlungsod overrides the veto in the manner herein provided; otherwise, the item or 
items in the appropriations ordinance of the previous year corresponding to those 
vetoed, if any, shall be deemed reenacted. 
(c) The City Mayor may veto in ordinance or resolution only once. The Sanggunian may 
override the veto of the City Mayor by two-thirds (2/3) vote of all its members, thereby 
making the ordinance effective even without the approval of the City Mayor. 
Section 19. Review of the City Ordinances by the Sangguniang Panlalawigan. - (a) 
Within three (3) days after approval, the Secretary to the Sangguniang Panlungsod shall 
forward to the Sangguniang Panlalawigan for review, copies of approved ordinances and the 
resolutions approving the local development plans and public investment programs formulated 
by the local development councils. 
(b) Within thirty (30) days after receipt of copies of such ordinances and resolution, the 
Sangguniang Panlalawigan shall examine the documents or transmit them to the 
provincial attorney or the provincial prosecutor for prompt examination. The provincial 
attorney or the provincial prosecutor shall, within a period of ten (10) days from receipt of 
the documents, inform the Sangguniang Panlalawigan in writing of the comments or 
recommendations, which may be considered by the Sangguniang Panlalawigan in 
making its decision. 
(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond 
the power conferred upon the Sangguniang Panlungsod concerned, it shall declare such 
ordinance or resolution invalid in whole or in part. The Sangguniang Panlalawigan shall 
enter its action in the minutes and shall advise the corresponding city authorities of the 
action it has taken. 
(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days 
after submission of such an ordinance or resolution, the same shall be presumed 
consistent with the law and therefore valid. 
Section 20. Review of Barangay Ordinances of the Sangguniang Panlungsod. - (a) 
Within ten (10) days after their enactment, the Sangguniang Barangay shall furnish copies of all 
barangay ordinances to the Sangguniang Panlungsod for review as to whether the ordinance is 
consistent with law or city ordinances. 
(b) If the Sangguniang Panlungsod fails to take action on barangay ordinances within 
thirty (30) days from receipt thereof, the same shall be deemed approved. 
(c) If the Sangguniang Panlungsod finds the barangay ordinances inconsistent with law 
or city ordinances, the Sangguniang Panlungsod shall, within thirty (30) days from 
receipt thereof, return the same with its comments and recommendations to the 
Sangguniang Barangay concerned for adjustment, amendment or modification in which 


20 
 
case, the effectivity of the barangay ordinance is suspended until such time as the 
revision called for is effected. 
Section 21. Enforcement of Disapproved Ordinances or Resolutions. - Any attempt to 
enforce any ordinance or any resolution approving the local development plan and public 
investment program, after the disapproval thereof, shall be sufficient ground for the suspension 
or dismissal of the official or employee concerned. 
Section 22. Effectivity of Ordinance or Resolutions. - (a) Unless otherwise stated in the 
ordinance or the resolution approving the local development plan and public investment 
program, the same shall take effect after ten (10) days from the date a copy thereof is posted in 
a bulletin board at the entrance of the City Hall of Malita, and in at least two (2) other 
conspicuous places in the City of Malita not later than five (5) days after approval thereof. 
(b) The secretary of the Sangguniang Panlungsod shall cause the posting of an 
ordinance or resolution in the bulletin board at the entrance of the City Hall, and in at 
least two (2) conspicuous places in the City not later than five (5) days after approval 
thereof. 
The text of the ordinance or resolution shall be disseminated and posted in Filipino or 
English and in the language or dialect understood by the majority of the people in the 
City and the secretary of the Sangguniang Panlungsod shall record such fact in a book 
kept for the purpose, stating the dates of approval and posting. 
(c) Ordinances with penal sanctions shall be posted at prominent places in the City Hall, 
for a minimum period of three (3) consecutive week, such ordinances shall also be 
published in a newspaper of general circulation within the City. 
ARTICLE VI 
DISQUALIFICATIONS AND SUCCESSION FOR 
ELECTIVE CITY OFFICIALS 
Section 23. Disqualifications for Elective City Officials. - The following persons are 
disqualified from running for any elective position in the City: 
(a) Those sentenced by final judgment for an offense involving moral turpitude or an 
offense punishable by one (1) year or more of imprisonment within two (2) years after 
serving sentence; 
(b) Those removed from office as a result of an administrative case; 
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic 
of the Philippines; 
(d) Those with dual citizenship; 
(e) Fugitives from justice in criminal or nonpolitical cases here and abroad; 


21 
 
(f) Permanent residents in a foreign country or those who have acquired the right to 
reside abroad and continue to avail of the same right after the effectivity of the Local 
Government Code of 1991, as amended; and 
(g) The insane or feeble-minded. 
Section 24. Permanent Vacancy in the Offices of the Mayor and City Vice Mayor. - (a) If 
a permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor shall become 
the City Mayor. If a permanent vacancy occurs in the office of the City Vice Mayor, the highest 
ranking Sangguniang Panlungsod member or, in case of the latter's permanent incapacity, the 
second highest ranking Sangguniang Panlungsod member shall become the City Mayor or City 
Vice Mayor, as the case may be. Subsequent vacancies in the said office shall be filled 
automatically by the other Sanggunian members according to their ranking as defined under the 
Local Government Code of 1991, as amended, 
(b) If a permanent vacancy occurs in the office of the Punong Barangay, the highest 
ranking Sangguniang Barangay member or, in case of the latter's incapacity, the second 
highest Sanggunian member shall become the Punong Barangay. 
(c) A tie between or among the highest ranking Sangguniang Panlungsod members shall 
be resolved by drawing of lots. 
(d) The successors, as defined herein, shall serve only the unexpired terms of their 
predecessors. 
(e) For purposes of this Act, a permanent vacancy arises when an elective local officials 
fills in a higher vacant office, refuses to assume office, fails to qualify, dies, is removed 
from office, voluntarily resigns or otherwise permanently incapacitated to discharge the 
functions of the office. 
(f) For purposes of succession as provided in this Act, ranking in the Sanggunian shall 
be determined on the basis of the proportion of votes obtained by each winning 
candidate to the total number of registered voters in the City in the immediately 
preceding local election. 
Section 25. Permanent Vacancies in the Sangguniang Panlungsod. - Permanent 
vacancies in the Sangguniang Panlungsod where automatic succession as provided above 
does not apply shall be filled by appointments in the following manner: 
(a) The provincial governor shall make the aforesaid appointments; 
(b) Only the nominee of the political party under which the Sanggunian member 
concerned had been elected and whose evaluation to the position next higher in rank 
created the last vacancy in the Sanggunian shall be appointed in the manner provided 
herein. The appointee shall come from the political party as that of the Sanggunian 
member who caused the vacancy and shall serve the unexpired term of the vacant 
office. 
In the appointment herein mentioned, a nomination and a certificate of membership of 
the appointee from the highest official of the political party concerned are conditions sine 


22 
 
qua non, and any appointment without such nomination and certification shall be null 
and void ab initio and shall be a ground for administrative action against the official 
responsible therefore; 
(c) In case of the permanent vacancy is caused by a Sanggunian member who does not 
belong to any political party, the City Mayor shall, upon recommendation of the 
Sangguniang Panlungsod, appoint a qualified person to fill the vacancy; and 
(d) In case of vacancy in the representation of the youth and the barangay in the 
Sangguniang Panlungsod, said vacancy shall be filled automatically by the official next 
in rank of the organization concerned. 
Section 26. Temporary Vacancy in the Office of the City Mayor. - (a) When the City 
Mayor is temporarily incapacitated to perform the duties for physical or legal reasons such as 
leave of absences, travel abroad and suspension from office, the City Vice Mayor or the highest 
ranking Sangguniang Panlungsod member, shall automatically exercise the powers and perform 
the duties and functions of the City Mayor, except the power to appoint, suspend or dismiss 
employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) 
working days. 
(b) Said temporary incapacity shall terminate upon submission to the Sangguniang 
Panlungsod of a written declaration by the City Mayor of having reported back to office. 
In case where the temporary incapacity is due to legal cause, the City Mayor shall 
submit the necessary documents showing that said legal cause no longer exists. 
(c) When traveling within the country but outside the territorial jurisdiction of the City for a 
period not exceeding three (3) consecutive days, the City Mayor may designate in 
writing the officer-in-charge of the office. Such authorization shall specify the powers and 
functions that the local official concerned shall exercise in the absence of the City Mayor 
except the power to appoint, suspend or dismiss employees. 
(d) If the City Mayor fails or refuses to issue such authorization, the City Vice Mayor or 
the highest ranking Sangguniang Panlungsod member, as the case may be, shall have 
the right to assume the powers, duties and functions of the said office on the fourth (4th) 
day of absence of the City Mayor, subject to the limitation provided in subsection (c) 
hereof. 
(e) Except as provided above, the City Mayor shall, in no case, authorize any local 
official to assume the powers, duties and functions of the office, other than the City Vice 
Mayor or the highest ranking Sangguniang Panlungsod member, as the case may be. 
ARTICLE VII 
THE APPOINTIVE OFFICIALS OF THE CITY: THEIR 
QUALIFICATIONS, POWERS AND DUTIES 
Section 27. The Secretary to the Sangguniang Panlungsod. - (a) There shall be a 
secretary of the Sangguniang Panlungsod who shall be a career official with the rank and salary 
equal to a head of a department or office. 


23 
 
(b) The Secretary to the Sangguniang Panlungsod must be a citizen of the Philippines, a 
resident of the City of Malita, of good moral character, a holder of a college degree 
preferably in law, commerce, or public administration from a recognized college or 
university, and a first grade civil service eligible or its equivalent. 
(c) The secretary to the Sangguniang Panlungsod shall take charge of the office of the 
Sangguniang Panlungsod, and shall: 
(1) Attend meetings of the Sangguniang Panlungsod and keep a journal of its 
proceedings; 
(2) Keep the seal of the City and affix it with signature to all ordinances, 
resolutions, and other official acts of the Sangguniang Panlungsod and present 
the same for the signature of the presiding officer; 
(3) Forward to the City Mayor, for approval, copies of ordinances enacted by the 
Sangguniang Panlungsod duly certified by the presiding officer, in the manner 
provided in Section 54 of the Local Government Code of 1991, as amended; 
(4) Forward to the Sangguniang Panlalawigan copies duly approved ordinances 
in the manner provided in Sections 56 and 57 of the Local Government Code of 
1991, as amended; 
(5) Furnish, upon the request of any interested party, certified copies of records 
of public character in custody, upon payment to the city treasurer of such fees as 
may be prescribed by ordinance; 
(6) Record in a book kept for the purpose, all ordinances and resolutions enacted 
or adopted by the Sangguniang Panlungsod, with the dates of passage and 
publication thereof; 
(7) Keep the office and all non-confidential records therein open to public during 
usual business hours; 
(8) Translate into the dialect used by the majority of the inhabitants all ordinances 
and resolutions immediately after their approval and cause the publication of the 
same together with the original version in the manner provided under the Local 
Government Code of 1991, as amended; 
(9) Take custody of the local archives and where applicable, the local library, and 
annually account for the same; and 
(10) Perform other duties and functions and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those are 
prescribed by law or ordinance. 
Section 28. The City Treasurer. - (a) The city treasurer shall be appointed by the 
Secretary of the Department of Finance (DOF) from a list of at least three (3) ranking eligible 
recommendees of the City Mayor, subject to the civil service law, rules and regulations. 


24 
 
(b) The city treasurer shall be under the administrative supervision of the City Mayor, to 
whom he shall report regularly on the tax collection efforts of the City. 
(c) The city treasurer must be a citizen of the Philippines, a resident of the City of Malita, 
of good moral character, a holder of a college degree in commerce, public administration 
or law from a recognized college or university, a first grade civil service eligible or its 
equivalent and must have acquired at least five (5) years experience in treasury or 
accounting service. 
(d) The city treasurer shall receive such compensation, emoluments and allowances as 
may be determined by law. 
(e) The city treasurer shall take charge of the City Finance Department, and shall: 
(1) Advise the City Mayor, the Sangguniang Panlungsod and other local 
government and national officials concerned regarding the disposition of local 
government funds and on such other matters relative to public finance; 
(2) Take custody and exercise proper management of the funds of the City; 
(3) Take charge of the disbursement of all funds of the City and such other funds 
the custody of which may be entrusted to the city treasurer by law or other 
competent authority; 
(4) Inspect private commercial and industrial establishments within the 
jurisdiction of the City in relation to the implementation of tax ordinance pursuant 
to the provisions of the Local Government Code of 1991, as amended; 
(5) Maintain and update the tax information system of the City; and 
(6) Perform other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 29. The City Assessor. - (a) The city assessor must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a holder of a college 
degree preferably in civil or mechanical engineering, commerce, or any other related course 
from a recognized college or university, a first grade civil service eligible or its equivalent and 
must have acquired at least five (5) years experience in real property assessment work or in any 
related field immediately preceding the date of the appointment. 
(b) The city assessor shall receive such compensation, emoluments and allowances as 
may be determined by law. 
(c) The city assessor shall take charge of the City Assessor's Department, and shall: 
(1) Ensure that all laws and policies governing the appraisal and assessment of 
real properties for taxation purposes are properly executed; 


25 
 
(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 system; 
(5) Prepare, install and maintain a system of tax mapping, showing graphically all 
properties subject to assessment and gather all data concerning the same; 
(6) Conduct frequent physical surveys to verify and determine whether all real 
properties within the City are properly listed in the assessment rolls; 
(7) Exercise the functions of appraisal and assessment primarily for taxation 
purposes of all real properties in the City; 
(8) Prepare a schedule of the fair market value of the different classes of real 
properties in accordance with the provisions of the Local Government Code of 
1991, as amended; 
(9) Issue, upon request of any interested party, certified copies of assessment 
records of real properties and all other records relative to its assessment, upon 
payment of a service charge or fee to the city treasurer; 
(10) Submit every semester a report of all assessment, as well as cancellation 
and modifications of assessments to the City Mayor and the Sangguniang 
Panlungsod; 
(11) Attend personally or through an authorized representative all sessions of the 
Local Board of Assessment Appeals whenever the assessment is subject of the 
appeal, and present or submit any information or record in its possessions as 
may be required by the Board; and 
(12) Perform such other duties and functions, and exercises such other powers 
as provided under the Local Government Code of 1991, as amended, and thosse 
that are prescribed by law or ordinance. 
Section 30. The City Accountant. - (a) The city accountant must be a citizen of the Philippines, 
a resident of the City of Malita, of good moral character, a certified public accountant and must 
have acquired at least five (5) years experience in the treasury or accounting service 
immediately preceding the date of the appointment. 
(b) The city accountant shall receive such compensation, emoluments and allowances 
as may be determined by law. 
(c) The city accountant shall take charge of both the office of the Accounting and Internal 
Audit Service of the City and shall: 


26 
 
(1) Install and maintain an internal audit system in the City; 
(2) Prepare and submit financial statements to the City Mayor and to the 
Sangguniang Panlungsod; 
(3) Appraise the Sangguniang Panlungsod and other officials on the financial 
condition and operations of the City; 
(4) Certify the availability of budgetary allotment to which expenditures and 
obligations may be properly charges; 
(5) Review supporting documents before the preparation of vouchers to 
determine the completeness of requirements; 
(6) Prepare statements of cash advances, liquidations, salaries, allowances, 
reimbursements and remittances pertaining to the City; 
(7) Prepare statements of journal vouchers and liquidation of the same and other 
adjustments related thereto; 
(8) Post individual disbursements to the subsidiary ledger and index cards; 
(9) Maintain individual ledgers for officials and employees of the City pertaining to 
payrolls and deductions; 
(10) Record and post in index card details of purchased furniture, fixtures and 
equipment, including disposal thereof, if any; 
(11) Account for all issued requests for obligations and maintain and keep all 
records and reports related thereto; 
(12) Prepare journals and the analysis of obligations and maintain and keep all 
records and reports related thereto; and 
(13) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 31. The City Budget Officer. - (a) The city budget office must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a holder of a college 
degree preferably in accounting, economics, public administration, or any related course from a 
recognized college or university, a first grade civil service eligible or its equivalent, and must 
have acquired at least five (5) years experience in government budgeting or in any related field 
immediately preceding the date of appointment. 
(b) The city budget officer shall receive such compensation, emoluments and allowances 
as may be determined by law. 
(c) The city budget officer shall take charge of the City Budget Department, and shall: 


27 
 
(1) Prepare forms, orders and circulars embodying instructions on budgetary and 
appropriation matters for the signature of the City Mayor; 
(2) Review and consolidate the budget proposals of the different departments 
and offices of the City; 
(3) Assist the City Mayor in the preparation of the annual budget and during and 
after budget hearings; 
(4) Study and evaluate budgetary implications of proposed legislation and submit 
comments and recommendations thereon; 
(5) Submit periodic budgetary reports to the Department of Budget and 
Management (DBM); 
(6) Coordinate with the city treasurer, the city accountant and the city planning 
and development officer for the purpose of budgeting; 
(7) Assist the Sangguniang Panlungsod in reviewing the approved budgets of 
component barangays; 
(8) Coordinate with the city planning and development officer in the formulation of 
the development plan of the City; and 
(9) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 32. The City Planning and Development Officer. - (a) The city planning and 
development officer must be a citizen of the Philippines, a resident of the City of Malita, of good 
moral character, a holder of a college degree preferably in urban planning, development 
studies, economics, public administration, or in any related course from a recognized college or 
university, a first grade civil service eligible or its equivalent, and must have acquired at least 
five (5) years experience in development planning or in any related field immediately preceding 
the date of the appointment. 
(b) The city planning and development officer shall receive such compensation, 
emoluments and allowances as may be determined by law. 
(c) The city planning and development officer shall take charge of the City Planning and 
Development Coordinating Office, and shall: 
(1) Formulate integrated economic, social, physical and other development plans 
and policies for consideration of the City; 
(2) Conduct continuing studies, researches and training programs necessary to 
evolve plans and programs for implementation; 


28 
 
(3) Integrate and coordinate all sectoral plans and studies undertaken by the 
different functional groups or agencies; 
(4) Monitor and evaluate the implementation of the different development 
programs, projects and activities in the City in accordance with the approved 
development plan; 
(5) Prepare comprehensive plans and other development planning documents for 
the consideration of the local development council; 
(6) Analyze the income and expenditure patterns, and formulate and recommend 
fiscal plans and policies for consideration of the finance committee of the City as 
provided under the Local Government Code of 1991; 
(7) Promote people's participation in development planning within the City; 
(8) Exercise supervision and control over the secretariat of the Local 
Development Council; and 
(9) Perform such other functions and duties and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 33. The City Engineer. - (a) The city engineer must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a licensed civil engineer 
and must have acquired at least five (5) years experience in the practice of profession. 
(b) The city engineer shall receive such compensation, emoluments and allowances as 
may be determined by law. 
(c) The city engineer shall take charge of the City Engineering Office, and shall: 
(1) Initiate, review and recommend charges in policies and objectives, plans and 
programs, techniques, procedures and practices in infrastructure development 
and public works in general in the City; 
(2) Advise the city mayor on infrastructure, public works and other engineering 
matters; 
(3) Administer, coordinate, supervise and control the construction, maintenance, 
improvement and repair of roads, bridges, other engineering and public works 
projects of the City; 
(4) Provide engineering services to the City, including investigation and survey, 
engineering designs, feasibility studies and project management; and 
(5) Perform such other duties and functions, and exercise such other powers as 
provided for under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 


29 
 
Section 34. The City Health Officer. - (a) The city health officer must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a licensed medical 
practitioner, and must have at least five (5) years experience in the practice of profession. 
(b) The city health officer shall receive such compensation, emoluments and allowances 
as may be determined by law. 
(c) The city health officer shall take charge of the Office of the City Health Services, and 
shall: 
(1) Supervised the personnel and staff of the said office, formulate program 
implementation guidelines and rules and regulations for the operation of the said 
office for the approval of the City Mayor in order to assist him in the efficient, 
effective and economical implementation of health service program geared to 
implement health-related projects and activities; 
(2) Formulate measures for the consideration of the Sangguniang Panlungsod 
and provide technical assistance and support to the City Mayor in carrying out 
activities to ensure the delivery of basic services and provision of adequate 
facilities relative to health services provided under Section 17 of the Local 
Government Code of 1991, as amended; 
(3) Develop plans and strategies, and upon approval thereof of the City Mayor, 
implement these with the health programs and projects which the City Mayor is 
empowered to implement and which Sangguniang Panlungsod is empowered to 
provide under the Local Government Code of 1991, as amended; 
(4) In addition to the foregoing duties and functions, the city health officer shall: 
(i) Formulate and implement policies, plans and projects to promote the 
health of the people in the City; 
(ii) Advise the City Mayor and the Sangguniang Panlungsod on matters 
pertaining to health; 
(iii) Execute and enforce all laws, ordinances and regulations relating to 
public health; 
(iv) Recommend to the Sangguniang Panlungsod through the Local 
Health Board the passage of such ordinances necessary for the 
preservation of public health; 
(v) Recommend the prosecution of any violation of sanitary laws, 
ordinances or regulations; 
(vi) Direct the sanitary inspection of all business establishments selling 
food items or providing accommodation such as hotels, motels, lodging 
houses, and pension houses, in accordance with the Sanitation Code; 


30 
 
(vii) Conduct health information campaigns and render health intelligence 
services; 
(viii) Coordinate with other government agencies and nongovernmental 
organizations involved in the promotion and delivery of health services; 
(ix) Be in the frontline of the delivery of health services, particularly during 
and in the aftermath of man-made and natural disasters and calamities; 
and 
(5) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, and those that are 
prescribed by law or ordinance. 
Section 35. The City Civil Registrar. - (a) The city civil registrar must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a holder of a college 
degree from a recognized college or university, a first grade civil service eligible or its equivalent 
and must have acquired at least five (5) years experience in civil registry work. 
(b) The city civil registrar shall receive such compensation, emoluments and allowances 
as may be determined by law. 
(c) The city civil registrar shall be responsible for the civil registration program in the City 
of Malita, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, 
rules and regulations issued to implement them. 
(d) The city civil registrar shall take charge of the office of the city civil registry, and shall: 
(1) Develop plans and strategies, and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the management 
and administration-related programs and projects which the City Mayor is 
empowered to implement and which the Sangguniang Panlungsod is empowered 
to provide under the Local Government Code of 1991, as amended; 
(2) In addition to the foregoing duties and functions, the city civil registry shall: 
(i) Accept all registrable documents and judicial decrees affecting the civil 
status of persons; 
(ii) File, keep and preserve in a secure place the books required by law; 
(iii) Transcribe and enter immediately upon receipt all registrable 
documents and judicial decrees affecting the civil status of persons in the 
appropriate civil registry books; 
(iv) Transmit to the Office of the Civil Registrar-General within the 
prescribed period, duplicate copies of registered documents required by 
law; 


31 
 
(v) Issue certified transcripts or copies of any certificate or registered 
documents upon payments of the required fees to the city treasurer; 
(vi) Receive applications for the issuance of a marriage license and, after 
determining that the requirements and supporting certificates and 
publication thereof for the prescribed period have been complied with, 
issue the license upon payment of the authorized fee to the city treasurer; 
and 
(vii) Coordinate with the Philippine Statistics Authority (PSA) in 
conducting educational campaigns for vital registration and assist in the 
preparation of demographic and other statistics for the City of Malita. 
(3) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 36. The City Administrator. - (a) The city administrator must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a holder of a college 
degree preferably in public administration, law or any related course from a recognized college 
or university, a first grade civil service eligible or its equivalent, and must have acquired at least 
five (5) years experience in management and administrative work. 
(b) The term of the city administrator is coterminous with that of the appointing authority. 
(c) The city administrator shall receive such compensation, emoluments and allowances 
as may be determined by law. 
(d) The city administrator shall take charge of the City Administrator's Office, and shall: 
(1) Develop plans and strategies and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the management 
and administration-related programs and projects which the City Mayor is 
empowered to implement and which the Sangguniang Panlungsod is empowered 
to provide under the Local Government Code of 1991, as amended; 
(2) Assist in the coordination of the work of all the officials of the City under the 
supervision, direction and control of the City Mayor, and for this purpose, may 
convene the chiefs of offices and other officials of the local government unit' 
(3) Establish and maintain a sound personnel program for the LGU designed to 
promote career development and uphold the merit principle in the local 
government service; 
(4) Conduct a continuing organizational development of the City with the end in 
view of instituting effective administrative reforms; 


32 
 
(5) Be in the frontline of the delivery of administrative support services, 
particularly those related to situations during and in the aftermath of man-made 
and natural disasters or calamities; 
(6) Recommend to the Sangguniang Panlungsod and advise the City Mayor on 
all matters relative to the management and administration of the City; and 
(7) Perform such other duties and functions, and exercise such other powers as 
provided by law or ordinance. 
Section 37. The City Legal Officer. - (a) The city legal officer must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a member of the Philippine 
Bar, and must have practiced the profession for at least five (5) years. 
(b) The term of the city legal officer shall be coterminous with that of the appointing 
authority. 
(c) The city legal officer shall receive such compensation, emoluments and allowances 
as may be determined by law. 
(d) The city legal officer, the chief legal counsel of the City, shall take charge of the 
Office of the City Legal Service, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod 
and provide legal assistance and support to the City Mayor in carrying out the 
delivery of basic services and 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 Panlungsod is empowered to provide; 
(3) Represent the City in all civil actions and special proceedings wherein the 
local government unit or any official thereof, in official capacity, is a 
party: Provided, That, in actions or proceedings where the City of Malita is a 
party adverse to the provincial government or to another component city or 
municipality, a special legal officer may be employed to represent the adverse 
party; 
(4) When required by the City Mayor or Sanggunian, draft ordinances, contracts, 
bonds, leases and other instruments involving any interest of the City and 
provide comments and recommendations on any instruments already drawn; 
(5) Render an opinion in writing on any question of law when requested to do so 
by the City Mayor or Sanggunian; 
(6) Investigate or cause to be investigated any local official or employee for 
administrative neglect or misconduct in office and recommend the appropriate 
action to the City Mayor or Sanggunian, as the case may be; 


33 
 
(7) Investigate or cause to be investigated any person, firm or corporation holding 
any franchise of exercising any public privilege for failure to comply with any term 
or condition in the grant of such franchise or privilege, and recommend 
appropriate action to the City Mayor or the Sanggunian, as the case may be; 
(8) When directed by the City Mayor or Sanggunian, initiate and prosecute, in the 
interest of the City, any civil action on any bond, lease or other contract upon any 
breach or violation thereof; 
(9) Review and submit recommendations on ordinances approved and executive 
orders issued by component units; 
(10) Recommend measures to the Sangguniang Panlungsod and advise the City 
Mayor on all matters related to upholding the rule of law; 
(11) Be in the frontline of protecting human rights and prosecuting any violations 
thereof, particularly those which occur during and in the aftermath of man-made 
and natural disasters or calamities; and 
(12) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 38. The City Social Welfare and Development Officer. - (a) The city social 
welfare and development officer must be a citizen of the Philippines, a resident of the City of 
Malita, of good moral character, a duly licensed social worker or a holder of a college degree 
preferably in social work, sociology, or any related course from a recognized college or 
university, a first grade civil service eligible or its equivalent, and must have at least five (5) 
years experience in the practice of social work immediately preceding the date of appointment. 
(b) The city social welfare and development officer shall take charge of the Office of the 
Social Welfare and Development, and shall: 
(1) Formulate measures for the approval of the Sangguniang Panlungsod and 
provide technical assistance and support to the City Mayor in carrying out 
measures to ensure delivery of basic services and provision of adequate facilities 
relative to social welfare and development services; 
(2) Develop plans and strategies, and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with social welfare 
programs and projects which the City Mayor is empowered to implement and 
which the Sangguniang Panlungsod is empowered to provide; 
(3) Identify the basic needs of the needy, the disadvantaged and impoverished 
and develop and implement appropriate measures to alleviate their problems and 
improve their living conditions; 
(4) Provide relief and appropriate crisis intervention for victims of abuse and 
exploitation and recommend appropriate measures to deter further abuse and 
exploitation; 


34 
 
(5) Assist the City Mayor in implementing the barangay level program for the total 
development and protection of children up to six (6) years of age; 
(6) Facilitate the implementation of welfare programs for the disabled, elderly and 
victims of drug addiction, the rehabilitation of prisoners and parolees, the 
prevention of juvenile delinquency and such other activities which would 
eliminate and minimize the ill-effects of poverty; 
(7) Initiate and support youth welfare programs that will enhance the role of youth 
in nation-building; 
(8) Coordinate with government agencies and nongovernmental organizations 
whose purpose is the promotion and the protection of all the needy, 
disadvantaged, 
underprivileged 
or 
impoverished 
groups 
or 
individuals, 
particularly those identified to be vulnerable and high risk to exploitation, abuse 
and neglect; 
(9) Be in the frontline of the delivery of services particularly those concerned with 
immediate relief and assistance during and in the aftermath of man-made and 
natural disasters and calamities; 
(10) Recommend to the Sangguniang Panlungsod and advise the City Mayor on 
all other matters related to social welfare and development services that will 
improve the livelihood and living conditions of the City's inhabitants; and 
(11) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 39. The City Veterinarian. - (a) The city veterinarian must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a licensed doctor of 
veterinary medicine and must have practiced the profession for at least three (3) years. 
(b) The city veterinarian shall receive such compensation, emoluments and allowances 
as may be determined by law. 
(c) The city veterinarian shall take charge of the Office of the Veterinary Services, and 
shall: 
(1) Formulate measures for the consideration of the Sangguiang Panlungsod and 
provide technical assistance and support to the City Mayor in carrying out 
measures to ensure the delivery of basic services and provision of adequate 
facilities; 
(2) Develop plans and strategies, and upon approval thereof of 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; 


35 
 
(3) Advise the City Mayor on all matters pertaining to the slaughter of animals for 
human consumption and the regulation of slaughterhouses; 
(4) Regulate the keeping of domestic animals; 
(5) Regulate and inspect poultry, milk and dairy products for public consumption; 
(6) Enforce all laws and regulations for the prevention of cruelty to animals; 
(7) Take the necessary measures to eradicate, prevent or cure all forms of 
animal diseases; 
(8) Be in the frontline of veterinary-related activities, such as the outbreak of 
highly contagious and deadly diseases and in situations resulting in the depletion 
of animals for work and for human consumption, particularly those arising from 
and in the aftermath of man-made and natural disasters or calamities; 
(9) Recommend to the Sangguniang Panlungsod and advise the City Mayor on 
all matters relative to veterinary services which will increase the number and 
improve the quality of livestock, poultry and other domestic animals issued for 
work or human consumption; and 
(10) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 40. The City General Services Officer. - (a) The city general services officer 
must be a citizen of the Philippines, a resident of the City of Malita, of good moral character, a 
holder of a college degree in public administration, business administration or management 
from a recognized college or university, a first grade civil service eligible or its equivalent and 
must have acquired at least five (5) years experience in general services, including 
management of supply, property, solid waste disposal and general sanitation. 
(b) The city general services officer shall receive such compensation, emoluments and 
allowances as may be determined by law. 
(c) The city general services officer shall take charge of the Office of the General 
Services, and shall: 
(1) Formulate measures for the consideration of the Sannguniang Panlungsod 
and provide technical assistance and support to the City Mayor in carrying out 
measures to ensure the delivery of basic services and provision of adequate 
facilities that require general services expertise in technical support services; 
(2) Develop plans and strategies, and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the general 
services that are supportive of the welfare of the inhabitants of the City which the 
City Mayor is empowered to implement and which the Sangguniang Panlungsod 
is empowered to provide; 


36 
 
(3) Take custody of and be accountable for all properties, real or personal, 
owned by the City, and those granted to it in the form of donation, reparation, 
assistance and counterpart of joint projects; 
(4) With the approval of the City Mayor, assign building or land space to local 
officials or other public officials, who by law, are entitled to the space; 
(5) Recommend to the City Mayor the reasonable rental rates for local 
government properties, whether real or personal, which will leased to public or 
private entities by the local government; 
(6) Recommend to the City Mayor reasonable rental rates of private properties 
which may be leased for the official use in the City; 
(7) Maintain and supervise janitorial, security, landscaping and other related 
services in all local government public buildings and other real property, whether 
owned or leased by the local government unit; 
(8) Collate and disseminate information regarding prices, shipping and other 
costs of supplies and other items commonly used by the local government unit; 
(9) Perform archival and record management with respect to records of offices 
and departments of the local government unit; 
(10) Perform all other functions pertaining to supply and property management 
heretofore performed by the local government treasurer and enforce policies on 
records creation, maintenance and disposal; 
(11) Be in the frontline of general services-related activities, such as the possible 
and imminent destruction or damage to records, supplies, properties and 
structure materials or debris, particularly during and in the aftermath of man-
made and natural disasters and calamities; 
(12) Recommend to the Sangguniang Panlungsod and advise the City Mayor on 
all matters relative to general services; and 
(13) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 41. The City Environment and Natural Resources Officer. - (a) The city 
environment and natural resources officer must be a citizen of the Philippines, a resident of the 
City of Malita, of good moral character, a holder of a college degree preferably in environment, 
forestry, agriculture or any related course from a recognized college or university, a first grade 
civil service eligible or its equivalent and must have acquired at least five (5) years experience in 
the environment and natural resources management, conservation and utilization work. 
(b) The city environment and natural resources officer shall receive such compensation, 
emoluments and allowances as may be determined by law. 


37 
 
(c) The city environment and natural resources officer shall take charge of the Office of 
the Environment Service Department, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod 
and provide assistance and support to the City Mayor in carrying out measures to 
ensure the delivery of basic services and provision of adequate facilities relative 
to environment and natural resources services as provided under Section 17 of 
the Local Government Code of 1991, as amended; 
(2) Develop plans and strategies, and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with environment and 
natural resources programs and projects which the City Mayor is empowered to 
implement and which the Sangguniang Panlungsod is empowered to provide; 
(3) Establish, maintain ,protect and preserve communal forests, watersheds, tree 
parks, mangroves, greenbelts, commercial forests and similar forest projects line 
industrial tree farms and agro-forestry projects; 
(4) Provide extension services to beneficiaries of forest development projects 
and technical, financial and infrastructure assistance; 
(5) Manage and maintain seed banks and produce seedlings for forest and tree 
parks; 
(6) Provide extension services to beneficiaries of forest development projects 
and render assistance for natural resources-related conservation and utilization 
activities consistent with ecological balance; 
(7) Coordinate with government agencies and nongovernmental organizations in 
the implementation of measures to prevent and control land, air and water 
pollution with the assistance of the Department of Environment and Natural 
Resources; 
(8) Be in the frontline of the delivery of services concerning the environment and 
natural resources, particularly in the renewal and rehabilitation of the 
environment during and in the aftermath of man-made and natural disasters and 
calamities; 
(9) Recommend measures to the Sangguniang Panlungsod and advise the City 
Mayor on all matters relative to the protection, conservation, maximum utilization, 
application of appropriate technology and other matters related to the 
environment and natural resources; and 
(10) Perform such other duties and functions, and exercise such other powers 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 42. The City Architect. - (a) The city architect must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a duly licensed architect 
and must have practices the profession for at least five (5) years. 


38 
 
(b) The city architect shall receive such compensation, emoluments and allowances as 
may be determined by law. 
(c) The city architect shall take charge of the Office of the Architectural Planning and 
Design, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod 
and provide technical assistance and support to the City Mayor in carrying out 
measures to ensure the delivery of basic services and provision of adequate 
facilities relative to architectural planning and design; 
(2) Develop plans and strategies, and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with architectural 
planning and design programs and projects which the City Mayor is empowered 
to implement and which the Sangguniang Panlungsod is empowered to provide; 
(3) Prepare and recommend for consideration of the Sangguniang Panlungsod 
the architectural plan and design for the local government unit or part thereof, 
including the renewal of slums and blighted areas, land reclamation activities, the 
greening of land, and appropriate planning of marine and foreshore areas; 
(4) Review and recommend for appropriate action of the Sangguniang 
Panlungsod or City Mayor, as the case may be, the architectural plans and 
design submitted by governmental and nongovernmental entities or individuals, 
particularly those for undeveloped, underdeveloped and poorly designed areas; 
(5) Coordinate with government and nongovernment entities and individuals 
involved in the aesthetics and the maximum utilization of the land and water 
within the jurisdiction of the local government unit, to implement plans and 
programs that shall preserve environmental integrity and ecological balance; 
(6) Be in the frontline of the delivery of services involving architectural planning 
and design, particularly those related to the redesigning of spatial distribution of 
basic facilities and physical structures during and in the aftermath of man-made 
and natural disasters or calamities; 
(7) Recommend to the Sangguniang Panlungsod and advice the City Mayor on 
all matters relative to architectural planning and design as it related to the total 
socioeconomic development of the City; 
(8) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 43. The City Information Officer. - (a) The city information officer must be a 
citizen of the Philippines, a resident of the City of Malita, of good moral character, a holder of a 
college degree preferably in journalism, mass communications, or any related course from a 
recognized college or university, a first grade civil service eligible or its equivalent and must 
have at least three (3) years experience in writing articles and research papers, or writing for 
print, television or broadcast media. 


39 
 
(b) The city information officer shall receive such compensation, emoluments and 
allowances as may be determined by law. 
(c) The term of the city information officer shall be coterminous with that of the 
appointing authority. 
(d) The city information officer shall take charge of the Office of the City Information and 
Community Relations Department, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod 
and provide technical assistance and support to the City Mayor in providing the 
information and research data required for the delivery of basic services and 
provision of adequate facilities so that the public becomes aware of said services 
and may fully avail of the same; 
(2) Develop plans and strategies, and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with public information 
and research data to support programs and projects which the City Mayor is 
empowered to implement and which the Sangguniang Panlungsod is empowered 
to provide; 
(3) Provide relevant, adequate and timely information to the local government 
units and its residents; 
(4) Furnish information and data on the local government agencies or offices as 
may be required by law or ordinance; and nongovernmental organizations to be 
furnished to said agencies and organizations; 
(5) Maintain effective liaison with the various sectors of the community on 
matters and issues that affect the livelihood and the quality of life of the City's 
inhabitants and encourage support for programs of the local and national 
government; 
(6) Be in the frontline in providing information during and in the aftermath of man-
made and natural disasters or calamities, with special attention to the victims 
thereof, to help minimize injuries and casualties during and after the emergency, 
and to accelerate relief and rehabilitation; 
(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on 
all matters relative to public information and research data as it relates to the 
total socioeconomic development of the City; and 
(8) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 44. The City Cooperatives Officer. - (a) The city cooperatives officer must be a 
citizen of the Philippines, a resident of the City of Malita, of good moral character, a holder of 
college degree preferably in business administration with special training on cooperatives or any 
related course from a recognized college or university, a first grade civil service eligible or its 


40 
 
equivalent and must have at least five (5) years experience on cooperatives development, 
organization and management. 
(b) The city cooperatives officer shall receive such compensation, emoluments and 
allowances as may be determined by law. 
(c) The city cooperatives officer shall take charge of the Officer for the Development of 
Cooperatives, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod 
and provide technical assistance and support to the City Mayor in carrying out 
measures to ensure the delivery of basic services and the provision of facilities 
through the development of cooperatives, and in providing access to such 
services and facilities; 
(2) Develop plans and strategies, and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the integration of 
cooperatives principles and methods in programs which the City Mayor is 
empowered to implement and which the SangguniangPanlungsod is empowered 
to provide; 
(3) Assist in t he organization of cooperatives; 
(4) Provide technical and other forms of assistance to existing cooperatives to 
enhance their viability as an economic enterprise and social organization; 
(5) Assist cooperatives in establishing linkages with government agencies and 
nongovernmental organizations involved in the promotion and integration of the 
concept of cooperatives in the livelihood of the people and other community 
activities; 
(6) Be in the frontline of cooperative organization, rehabilitation or viability-
enhancement, particularly during and in the aftermath of man-made and natural 
calamities or disasters, to aid in their survival and, if necessary, subsequent 
rehabilitation; 
(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on 
all other matters relative to cooperatives development and viability enhancement 
which will improve the livelihood and quality of life of the inhabitants; and 
(8) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 45. The City Population Officer. - (a) The city population officer must be a 
citizen of the Philippines, a resident of the City of Malita, of good moral character, a holder of a 
college degree preferably with specialized training in population development from a recognized 
college or university, a first grade civil service eligible or its equivalent and must have at least 
five (5) years experience in the implementation of programs on population development or 
responsible parenthood. 


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(b) The city population officer shall receive such compensation, emoluments and 
allowances as may be determined by law. 
(c) The city population officer shall take charge of the Office on Population Development, 
and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod 
and provide technical assistance and support to the City Mayor in carrying out 
measures to ensure the delivery of basic services and provision of adequate 
facilities relative to the integration of the population development principles and in 
providing access to said services and facilities; 
(2) Develop plans and strategies, and upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the integration of 
population development principles and methods in programs and projects which 
the City Mayor is empowered to implement and which the Sangguniang 
Panlungsod is empowered to provide; 
(3) Assist the City Mayor in the implementation of the constitutional provisions 
relative to population development and the promotion of responsible parenthood; 
(4) Establish and maintain an updated data bank for program operations, 
development planning and an educational program to ensure the people's 
participation in and understanding of population development; 
(5) Implement appropriate training programs responsive to the cultural heritage of 
the inhabitants; and 
(6) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 46. The City Agriculturist. - (a) The city agriculturist must be a citizen of the 
Philippines, a resident of the City of Malita, of good moral character, a holder of a college 
degree in agriculture or any related course from a recognized college or university, a first grade 
civil service eligible or its equivalent, and must have practiced the profession in agriculture or 
acquired at least five (5) years experience in related field. 
(b) The city agriculturist shall receive such compensation, emoluments and allowances 
as may be determined by law. 
(c) The city agriculturist shall take charge of the Office for Agricultural Services, and 
shall: 
(1) Formulate measures form the approval of the Sangguniang Panlungsod and 
provide technical assistance and support to the City Mayor in carrying out said 
measures to ensure the delivery of basic services and provision of adequate 
facilities relative to agricultural services; 


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(2) Develop plans and strategies, and upon approval thereof of the City Mayor, 
implement the same, particularly those which have to do with agricultural 
programs and projects which the City Mayor is empowered to implement and 
which the Sangguniang Panlungsod is empowered to provide; 
(3) In addition to the foregoing duties and functions, the city agriculturist shall: 
(i) Ensure that maximum assistance and access to resources in the 
production, processing and marketing of agricultural and aqua-cultural 
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; 
(iii) Assist the City Mayor in the establishment and extension services of 
demonstration farms on aquaculture and marine products; 
(iv) Enforce rules and regulations relating to agriculture and aquaculture; 
and 
(v) Coordinate with government agencies and nongovernmental 
organizations which promote agricultural productivity through applied 
technology compatible with environmental integrity. 
(4) Be in the frontline of the delivery of basic agricultural services, particularly 
those needed for the survival of the City's inhabitants during and in the aftermath 
of man-made and natural disasters and calamities; 
(5) Recommend to the Sangguniang Panlungsod and advise the City Mayor on 
all other matters related to agriculture and aquaculture which will improve the 
livelihood and living conditions of the inhabitants; and 
(6) Perform such other duties and functions, and exercise such other powers as 
provided under the Local Government Code of 1991, as amended, and those 
that are prescribed by law or ordinance. 
Section 47. The City Business Permits and Licensing Officer. - (a) The city business 
permits and licensing officer must be a citizen of the Philippines, a resident of the City of Malita, 
of good moral character, a holder of a college degree preferably in business administration or in 
any related course from a recognized college or university, a first grade civil service eligible or 
its equivalent and must have at least five (5) years experience in management. 
(b) The city business permits and licensing officer shall receive such compensation, 
emoluments and allowances as may be determined by law. 


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(c) The city business permits and licensing officer shall take charge of Business Permits 
and Licensing Office, and shall: 
(1) Supervise the conduct of spot/post inspection of all business establishments, 
gaming and other entities requiring permits and licenses for compliance with 
existing laws and ordinances; 
(2) Review the application for permits and licenses and recommend its 
approval/disapproval to the City Mayor or his authorized representatives; and 
(3) Exercise overall supervision in the City Business Permits and Licensing 
Office. 
ARTICLE VIII 
THE CITY FIRE STATION, THE CITY JAIL 
SERVICE, THE CITY SCHOOLS DIVISION AND 
THE CITY PROSECUTION SERVICE 
Section 48. The City Fire Station Service. - (a) There shall be established in the City at 
least one (1) fire station with adequate personnel, firefighting facilities and equipment, subject to 
the standards, rules and regulations that may be promulgated by the Department of the Interior 
and Local Government (DILG). The City shall provide the necessary site of the station. 
(b) The City Fire Station Service shall be headed by a city fire marshal whose 
qualifications shall be as those provided under Republic Act No. 9263, as amended, 
otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and 
Penology Professionalization Act of 2004". 
(c) The City Fire Station shall be responsible for the provision of various emergency 
services such as rescue and evacuation of injured people related to fire incidents and, in 
general, fire prevention and suppression measures to secure the safety of life and 
property of the citizenry. 
Section 49. The City Jail Service. - (a) The DILG shall, at least five (5) months from the 
commencement of the corporate existence of the city, establish and maintain a secured, clean, 
adequately equipped and sanitary jail facility for the custody and safekeeping of prisoners, any 
fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the 
national penitentiary, or a violent mentally ill person who may endanger oneself or the safety of 
others, as duly certified by proper medical health officer, prior to the transfer of such person to a 
mental institution. 
(b) The City Jail Service shall be headed by a city jail warden whose qualifications shall 
be as those provided under Republic Act No. 9263, as amended, otherwise known as 
the "Bureau of Fire Protection and Bureau of Jail Management and Penology 
Professionalization Act of 2004". The city jail warden shall assist in the immediate 
rehabilitation of individuals or detention of prisoners. Great care must be exercised so 
that human rights of these prisoners are respected and protected, and their spiritual and 
physical well-being are properly and promptly attended to. 


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Section 50. The City Schools Division. - (a) The Department of Education (DepEd) shall 
establish and maintain a city schools division of the City of Malita whose area of jurisdiction will 
cover all the school districts within the City. 
(b) The city school division shall be headed by a City Schools Division Superintendent 
who must possess the necessary qualifications required by the DepEd. 
Section 51. The City Prosecution Service. - (a) The Department of Justice (DOJ) shall 
within two (2) months from the commencement of the corporate existence of the City, establish 
and maintain a prosecution service. It shall be headed by a city prosecutor, who shall be 
assisted by such number of assistant prosecutors as may be necessary and whose 
qualifications, manner of appointment, rank, salary and benefits shall be governed by existing 
laws covering prosecutors in the DOJ. The City Prosecution Service shall be organizationally 
part of the DOJ, and under the supervision and control of the Secretary of the DOJ. 
(b) The City Prosecutor shall handle the criminal prosecution in the municipal trial courts 
in the City as well as in the regional trial courts for criminal cases originating in the 
territory of the City, and shall render to or for the City such services as are required by 
law, ordinance or regulation of the DOJ. 
Section 52. Municipal Ordinances Existing at the Time of Approval of this Act. - All 
municipal ordinance of the Municipality of Malita, existing at the time of approval of this Act, 
shall continue to be in force within the City of Malita until the new Sangguniang Panlungsod 
shall provide otherwise. 
Section 53. Plebiscite. - The City of Malita shall acquire corporate existence upon 
ratification of its creation by majority of the votes cast by qualified voters in a plebiscite to be 
conducted in the present Municipality of Malita within ninety (90) days from the approval of this 
Act, and the Commission on Elections shall conduct and supervise such plebiscite and the 
expenses for such plebiscite shall be borne by the Municipality of Malita. 
Section 54. The present elective officials of the Municipality of Malita shall continue to 
exercise their powers and functions until such time that a new election is held and that the duly 
elected officials shall have qualified and assumed their offices, and the officials and employees 
of the Municipality shall likewise continue exercising their functions and duties and they shall 
automatically be absorbed by the city government of the City of Malita. 
Section 55. Succession Clause. - The City of Malita shall succeed to all the assets, 
properties, liabilities and obligations of the Municipality of Malita. 
Section 56. Election of Provincial Governor and Sangguniang Panlalawigan Members of 
the Province of Davao Occidental. - The qualified voters of the City of Malita shall be qualified to 
vote and run for any elective position in the elections for provincial governor, provincial vice 
governor, Sangguniang Panlalawigan members and other elective offices for the Province of 
Davao Occidental. 
Section 57. Jurisidiction of the Province of Davao Occidental. - The City of Malita shall, 
unless otherwise provided by law, continue to be under the jurisdiction of the Province of Davao 
Occidental. 


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Section 58. Suspension of Increase in Rates of Local Taxes. - No increase in the rates 
of local taxes shall be imposed by the City within the period of five (5) years from its acquisition 
of corporate existence. 
Section 59. Legislative District. - Until otherwise provided by law, the City of Malita shall 
continue to be a part of the First Legislative District of the Province of Davao Occidental 
Section 60. Applicability of Laws. - The provisions of the Local Government Code of 
1991, as amended, and such other laws as are applicable to component cities shall govern the 
City of Malita insofar as they are not inconsistent with the provisions of this Act. 
Section 61. Separability Clause. - If, for any reason or reasons, any part or provision of 
this charter shall be held unconstitutional, invalid or inconsistent with the Local Government 
Code of 1991, as amended, the other parts or provisions hereof which are not affected shall 
continue to be in full force and effect. 
Section 62. Effectivity. - This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in a newspaper of general circulation. 
APPROVED