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EIGHTEENTH CONGRESS, i
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

HOUSE OF REPRESENTATIVES
8219

House Bill No. ~~

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Capas into a component city of the
Province of Tarlac. The Municipality of Capas is a first class urban municipality
consisting of twenty (20) barangays with a total land area of 376.39 square kilometres
and a population of no less than 140,000Tarlaquefios.

Situated in the Municipality of Capas is the New Clark City (NCC), an area of
approximately 94.5square kilometres currently being developed by the Bases
Conversion and Development Authority (BCDA). It is seen as the country's first smart,
disaster-resilient and world-class sustainable city. It will have a mixed use of residential,
commercial, agro-industrial, and educational institutions utilizing state-of-the-art
information technologies.

In addition, since it is situated inside the Clark Special Economic Zone, the
Municipality of Capas is capacitated to house and cultivate diverse multinational
industries and development projects promising economic growth for both the national
and local govemment. As late as 2017, the gross domestic product (GDP) of Central
Luzon hasreached as highas nine point three percent (9.3%), almost three percent (3%)
higher than the country’s GDP of six point seven percent (6.7%) for the same year. This
resulting growth has been attributed to the high-impact projects under the Build Build
Build infrastructure programs especially of those in the NCC.

Furthermore, it is in the NCC where the planned establishment of the National
Government Administration Center is expected to rise. As such, the NCC located in the
Municipality of Capas has been deemed as the next seat of government by the year
2030.

Therefore, considering the necessary authorities, funds, manpower and
government services needed for the massive expected economic and social growth of
the region, it is essential to convert the Municipality of Capas into a component city in
anticipation of the limitless opportunities that can be seized not only for the local citizens
of Tarlac but to the whole Filipino nation.

In view of the foregoing, approval of this bill is earnestly sought.

VIGTOR A.YAP
Representative, 2 District of Tarlac


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EIGHTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES)
Second Regular Session )

‘HOUSE OF REPRESENTATIVES

House Bill No. 8219

Introduced by Representative Victor A. Yap

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

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

ARTICLE 1
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the "Charter of the City of
Capas".

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

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

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

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

{a).To have a continuous succession in its corporate name;.


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(b) To sue and be sued;

(c) To have and use a corporate seal;

(d) To acquire, hold and convey real or personal property;
(e) To enter into any contract and/or agreement; and

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

Sec. 4. General Powers. ~ The City shall have a common seal and may alter the
same at pleasure: Provided, That any change of corporate seal shall be registered with
the Department of the Interior and Local Government (DILG).

It shall exercise the powers to levy taxes, fees and charges; to close and open
roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey
and dispose of real and personal property for the general interests of the City; to
expropriate or condemn private property for public use; to contract and to be contracted
with; to sue and be sued; to prosecute and defend to final judgment and execution suits
wherein the City is involved or interested in; and to exercise all the powers as are
granted.-to.corporations.or as-hereinafter conferred.

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

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

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

The court first taking cognizance of such an offense shall have jurisdiction to try
cases to the exclusion of others. The police forces of the municipalities and cities
concemed 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 shall be granted by the proper authorities of the city or municipality
concemed; and the fees-arising therefrom-shall-accrue to the treasury.of the said-city.or
municipality concerned and not to the City.

ARTICLE I
CITY OFFICIALS IN GENERAL


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Sec. 7. The Officials of the City of Capas. — (a) There shall be in the City of
Capas: a City Mayor, a City Vice Mayor, Sangguniang Panlungsod members, a
secretary to the Sangguniang Panlungsod, a city treasurer, a city assessor, a city
accountant, a city budget officer, a city planning and development officer, a city
engineer, a city health officer, a city civil registrar, a city administrator, a city legal
officer, @ city social welfare and development officer, a city veterinarian and a city
general services officer.

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

(c) There shall be established in the City a city fire station to be headed by a city
fire marshal, a city jail to be headed by a city jail warden, a city schools division
to be headed by a city schools division superintendent and a city prosecution
service to be headed by a city prosecutor.

(4) 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 Ci

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

(e) Unless otherwise provided herein, heads of departments and offices shall'be
appointed by the City Mayor with the concurrence of the majority of all the
Sangguniang Panlungsod members, subject to civil service laws, rules and
regulations. The Sangguniang Panlungsod shall act on the appointment within
fifteen (15) days from the date of its submission, otherwise the same shall be
deemed confirmed.

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

ARTICLE ill.
THE CITY MAYOR AND CITY VICE MAYOR

Sec. 8. The City Mayor. ~ (a) The City Mayor shall be the chief executive of the
City and shall be elected at large by the qualified voters of the City. No person shalll be
eligible for the position of City Mayor unless, at the time of the election, that person is a
citizen of the Philippines, at least twenty-one (21) years of age, a resident of the City for
at least one (1) year immediately preceding the day of the election and a qualified


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registered voter therein, and is able to read and write Filipino or any other local
language or dialect. The City Mayor shall hold office for three (3) years, unless sooner
removed, but shall serve for not more than three (3) consecutive terms in the same
Position. The City Mayor shall receive a minimum monthly compensation corresponding
to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, as amended,
otherwise known as the "Compensation and Position Classification Act of 1989", and
the implementing guidelines issued pursuant thereto,

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 1994, as.amended, this Act, and-other laws,

(0) For efficient, is 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;(ii)
Present the program of govemment and propose policies and
Projects for the consideration of the Sangguniang Panlungsod at
the opening of the regular session of the Sangguniang Panlungsod
every calendar year and as often as may be deemed necessary as
the general welfare of the inhabitants and the needs of the city
government may require;;

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

(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 for under the Local Government Code of
1991, as amended, and in this Act, and those whose appointment
he or she may be authorized by laws to appoint;

(vi) Represent the City in all its business transactions and sign on
‘ts behalf-all.onds, contracts.and. obligations, and.other documents
upon the authority of the Sangguniang Panlungsod or pursuant to
law or ordinance;

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


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

(x) Allocate and assign office space to the City and other officials
and employees who, by law or ordinance, are entitled to space in
the city hall and other buildings owned or leased by the city
government;

(%) Ensure that all executive officials and employees of the City
faithfully discharge their. duties and functions.as. provided.for by law.
and the Local Govemment 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;

(x) Examine the books, records and other documents of all offices,
officials, agents or employees of the City and, in aid of executive
Powers and authority, require all national officials and employees
Stationed in or assigned to the City to make available books,
records and other documents in their custody, except those
classified by-law.as.confidential;

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

(xii) Visit component barangays of the City at least once every six
(6) months to deepen understanding of the problems and
conditions, listen and give appropriate counsel to local officials and
inhabitants, inform the component barangay officials and
inhabitants of general laws and ordinances which especially
concem 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 of officials and employees appointed
by him or her and on the communication 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;

(xvi) Call upon any national official or employee stationed in or
assigned .to.the City for advice.on.matters.affecting the. City. and.to.
make recommendations thereon; coordinate with the 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 official duties while stationed in or assigned to the

City;


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(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 the availability of funds;

(xvii) Solemnize marriages, any provision of law to the contrary
notwithstanding;

(xix) Conduct an annual palarong panlungsod which shall feature
traditional sports and disciplines included in national intemational
games, in-coordination.with.the- Department. of. Education. (DepEd);
and

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

(2) Enforce all laws and ordinances relative to the governance of the City
and in the exercise of its appropriate corporate powers, as well as
implement all approved policies, programs, projects, services and
activities of the City; and, in addition, 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
-and.appointive.officials.of the. City,.including national.and provincial.
officials and employees stationed in or assigned to the City, at such
time and place and on subjects as may be deemed important for
the promotion of the general welfare of the local government unit
and its inhabitants;

(ii) Issue executive orders for the faithful and appropriate
enforcement and execution of laws and ordinances;

(iv) Be entitled to cary the necessary firearms within his or her
territorial jurisdiction;

(v) Act as the deputized representative of the National Police
Commission, formulate the peace and order plan of the City and,
upon its approval, implement the same, and as such, exercise
general and operational contro! and supervision over local 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


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

(8) Initiate and maximize the generation of resources and revenues, and
apply the same to the implementation of development plans, program
objectives and priorities, particularly those resources and revenues
Programmed for agro-industrial development and countryside growth and
Progress and, relative thereto, shall:

() 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
Republic Act No. 7160, as amended, otherwise known as the
“Local Government Code of 1991";

(ii) Prepare and submit to the Sanguine 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;

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

(iv) Jssue-licenses.and.permits.and.suspend.or revoke .the-same-for
any violation of the conditions upon which the licenses or permits
had been issued, pursuant to law or ordinance;

(v) Issue permits, without need of approval from any national
agency, for the holding of activities for any charitable or welfare
Purpose, excluding prohibited games of chance or shows contrary
to law, public policy and public morals;

(vi) Require owners of illegally constructed houses, buildings or
other structures to obtain the necessary permits, subjects to fines
and-penalties.as.may-be.imposed.by law-or ordinance, or to.make.
necessary changes in their construction when violative of any law
or ordinance, or to order the demolition or removal of house,
building or structure within the period prescribed by law or
ordinance;

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

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

(00) Institute or cause to be instituted administrative or judicial
Proceedings for violation of ordinances in the collection of taxes,


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fees, charges, and for the recovery of funds and property; and
cause the City to be defended against all suits to ensure that its
interests, resources and rights shall be adequately protected;

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

(i) Ensure that the construction and repair of roads and highways
funded by the national government shall be, as far as practicable,
carried out, in a spatially contiguous manner and in coordination
with-the.construction.and.repair of the.roads.and-bridges.of.the.City.
and of the Province; and

(ii) Coordinate the implementation of technical services, including
Public works and infrastructure programs, rendered by national
offices; and

(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.

(c) During the incumbency of the City Mayor, he or she shall hold office in the city
hall.

Sec. 9. The City Vice Mayor. — (a) There shall be a City Vice Mayor who shall be
elected in the same manner as the City Mayor and shall, at the time of the election,
Possess the same qualifications as the City Mayor. The City Vice Mayor shall hold office
for three. (3) years, unless.sooner removed, and. shall.receive.a.monthly. compensation.
corresponding to Salary Grade Twenty-six (26) as prescribed under the "Compensation
and Position Classification Act of 1989", as amended, and the implementing guidelines
issued pursuant thereto,

(b) The City Vice Mayor shall:

(1) Be the presiding officer of the Sangguniang Panlungsod and shall 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 of the Sangguniang Panlungsod, except those whose
manner of appointment is specifically provided for 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. for under the Local
Government Code of 1991, as amended;

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


1 (5) Perform other duties and functions and exercise other powers as
provided for under the Local Government Code of 1991, as amended, and

3 those that are prescribed by law or ordinance.
4
5 ARTICLE IV

‘THE SANGGUNIANG PANLUNGSOD
7 Sec. 10. Composition. — (a) The Sangguniang Panlungsod, the legislative body
8 of the City, shall be composed of the City Vice Mayor as the presiding officer, the ten

9 (10) regular Sanggunian members, the President of the City Chapter of the Liga ng mga
10 Barangay, the President of the City Chapter of the Liga ng mga Barangay, the President
11 of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan and the three (3)
12 sectoral representatives, who shall come from the following sectors, as members: one
13, (1) from the women sector; and, as shall be determined by the Sangguniang
14 Panlungsod-within-ninety (90)-days- prior to-the holding-of the local-elections; one (4)
15 from the agricultural or industrial workers sector; and one (1) from the other sectors,
16 including urban poor, indigenous cultural communities or persons with disabilities
17 (PWDs).

18 (b) The regular members of the Sangguniang Panlungsod and sectoral
19 representatives shall be elected in the manner as may be provided by law.

20 (c) The members of the Sangguniang Panlungsod shall receive a minimum
2 monthly compensation corresponding to Salary Grade Twenty-five (25) as
2 prescribed under the "Compensation and Position Classification Act of 1989", as
23. amended, and.implementing guidelines issued-pursuant thereto,

24 Sec. 11. Powers, Duties, Functions and Compensation. - The Sangguniang

25 Panlungsod, as the legislative body of the City, shall enact ordinances, approve
26 resolutions and appropriate funds for the general welfare of the City and its inhabitants
27 pursuant to Section 16 of the Local Government Code of 1991, as amended, and in the
28 _ proper exercise of the corporate powers of the City as provided for under Section 22 of
29 the Local Goverment Code of 1991, as amended, and shall:

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

2 (i). Review. all. ordinances. approved. by the. Sangguniang. Barangay and.
33 executive orders issued by the Punong Barangay to determine whether
34 these are within the scope of the prescribed powers of the Sangguniang
35 Barangay and of the Punong Barangay;

36 (ii) Maintain peace and order by enacting measures to prevent and
37 suppress lawlessness, disorder, riot, violence, rebellion or sedition and
38 impose penalties for the violation of ordinances;

39 (ili) Approve ordinances imposing a fine not exceeding Five thousand
40 pesos (P§,000.00) or imprisonment for a period not exceeding one (1)
4a year, or.both, at the discreticn.of the.court, for violation.of.a.city ordinance;


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(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 to 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, the establishment and maintenance of house of
illrepute, illegal gambling and other prohibited games of chance, drug
addiction, maintenance of drug dens, drug pushing, juvenile delinquency,
the printing, distribution or exhibition of obscene or pornographic materials
to the welfare and morals of the inhabitants of the City;

(vi) Protect the environment and 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;

(vil) Subject to the provisions of the Local Government Code of 1991, as
amended, and other pertinent laws, determine the powers and duties of
officials and employees of the City;

(viii) Determine the positions and the salaries, wages, allowances and
other. emoluments.and.benefits.of officials.and.employees-paid. wholly. or
mainly from the 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 in a temporary vacancy or grant honoraria to
any qualified official or employee designated to fill in a temporary vacancy
ina concurrent capacity at the rate authorized by law;

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

(x) 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 goverment employees
stationed in or assigned to the City;

(xi) Provide legal assistance to barangay officials. who, in.the performance
of their official duties or on the occasion thereof, have to
proceedings or defend themselves against legal action; and

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(xii) Provide for group insurance or additional insurance coverage for all
barangay officials, including members of barangay tanod brigades and
service units, with public or private insurance companies, when the
finances of the city government allow coverage;

(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the City, as provided for
under the Local Government Code of 1991, as amended, with particular attention
to agro-industrial development and citywide 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;

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

(ii) Subject to the provisions of Book Il 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 I! of the Local Government Code of
1991, as amended, and applicable laws and, upon the majority vote of all
the members of the Sangguniang Panlungsod, enact ordinances
authorizing the floating of bonds or other instruments of indebtedness, for
the purpose of raising funds to finance development projects;

(v) Appropriate funds for the construction and maintenance or the rental of
buildings for the use of the City and, upon the majority vote of all the
members of the Sangguniang Panlungsod, authorize the City Mayo to
lease to private parties such public buildings held in a proprietary capacity,
Subject to existing laws, rules and regulations;

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

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

(vill) Reclassify lands within the jurisdiction of the City, subject to the
Pertinent provisions of the Local Government Code of 1991, as amended;

x).Enact integrated. zoning ordinances. in. consonance. with. the approved.

comprehensive land-use plan, subject to existing laws, rules and
regulations; establish fire limits or zones, particularly in populous centers;

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and regulate the construction, repair or modification 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 shalll 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 exclusive privilege of constructing fish corrals or
fish pens, or taking or catching of bangus fry, prawn fry or kawag-kawag,
or fry of any specied or fish within the city waters;

(xii) With the concurrence of at least two-thirds (2/3) vote of all members
of the Sangguniang Panlungsod, grant tax exemptions, incentives or
reliefs to entities engaged in community growth-inducing industries,
subject to the provisions of the Local Government Code of 19914, 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 the institutions are operated and maintained
within the Cit

(xiv) Regulate the numbering of residential, commercial and other
buildings; and

(xv) Regulate the inspection, weighing and measuring of articles of
commerce;

(8) Subject to the provisions of Book II of the Local Government Code of 1991,
as amended, enact ordinances granting franchises and authorizing the issuance
of permits or licenses, upon the conditions and for 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;

(ii) Regulate or fix license fees for any business or practice of profession
within the City and the conditions under which the license for the business
or practice of profession may be revoked, and enact ordinances levying
taxes thereon;

(iil) Provide for and set the terms and conditions under which public
utilities owned by the City shall be operated by the city government and
prescribe.the. conditions. under which. the. same-may-be.leased-to- private.
Persons or entities, preferably cooperatives;

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

(vi) Subject to the guidelines prescribed by the Department of
Transportation. (DOT), regulate. the. operation. of tricycles. and. grant
franchises for the operation thereof within the territorial jurisdiction of the
City; and

(vil) Upon approval by a majority vote of all the members of the
‘Sangguniang Panlungsod, grant a franchise to any person, partnership,
corporation or cooperative to do business within the City: establish,
construct, operate and maintain ferries, wharves, markets or
slaughterhouses; or undertake other activities within the City as may be
allowed by existing laws: Provided, That cooperatives shall be given
preference in the grant of franchise;

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

()) Declare, prevent or abate any nuisance;

(i) 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 the said requirement,
have the work done at the expense of the owner, administrator or tenant
concemed; and require the filing up of any land or premises to a grade

necessary for proper sanitation;

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

(iv) Regulate the establishment, operation and maintenance of
restaurants, beerhouses, hotels, motels, inns, pension houses, lodging
houses and other similar establishments, including tourist guides and
transports; i

(v) Regulate the sale, giving away or dispensing of any intoxicating malt,
Vino, mixed or fermented liquors at any retail outlet;

(vi) 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;

(vii) Regulate the establishment, operation and maintenance of any
entertainment or amusement facility, including the theatrical
performances, circuses, billiard halls, public dancing schools, public dance
halls, sauna baths, massage parlors, and other places for entertainment or

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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;

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

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

(8) Approve ordinances which shall ensure the efficient and effective delivery of
-basic.services.and facilities. as.provided for under the-Local.Government Code .of.
1991, as amended, and, in addition to said services and facilities, shall:

() Provide for the establishment, maintenance, protection and
conservation of communal forests and watersheds, tree parks and
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;

(ii) Authorize the establishment, maintenance and operation by the city
government of ferries, wharves, and/or other structures intended to
accelerate productivity related to marine life 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 the operation of
conveyances for hire; designate stands to be occupied by public vehicles
when not in use; regulate the putting up of signs, signposts, awnings and
awning posts on the streets; and provide for the lighting, cleaning and
sprinkling of streets-and-public 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;

(vil) Subject to existing laws, establish and provide for the maintenance,
repair and operation of an efficient waterworks system to supply water for

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

(will)-Regulate the driling-and-excavation-of.the ground-for the laying. of
water, gas, sewer and other pipes and the construction, repair and
maintenance of public drains, sewers, cesspools, tunnels and similar
structures; regulate the placing of poles and the use of crosswalks, curbs
and gutters; adopt measures to ensure public safety against open canals,
manholes, live wires and other similar hazards to life and property; and
regulate the construction and use of private water closets, privies and
other similar structures in buildings and homes;

(x) Regulate the placing, stringing, attaching, installing, repair and
Construction of all gas mains, electric telegraph and telephone wires,
Conduits; meters. and: other apparatus; and- provide for the correction,
condemnation or removal of the same when found to be dangerous to the
welfare of the City’s inhabitants;

(x) Subject to the availability of funds and to existing laws, rules and
regulations, establish and provide for the operation of vocational and
technical schools and similar post-secondary institutions and, with the
approval of the Technical Education and Skills Development Authority
(TESDA), 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 poor but deserving students in schools
located within its jurisdiction or for students residing within the City;

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

(xiv) Provide for the care of 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-the. availability of funds, establish. and. provide-for the.
operation of centers and facilities for the 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;


1 (xvi) Establish a city council whose purpose is the promotion of culture
2 and the arts, coordinate with government agencies and nongovernmental
3 organizations and, subject to the availability of funds, appropriate funds for
4 the support and development of the same; and

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

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

1 under the Local Government Code of 1991, as amended, and those that are

2 prescribed by law or ordinance.

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“4 ARTICLE V

45 PROCESS OF LEGISLATION

16 Sec. 12. Internal Rules of Procedure. — (a) On the first regular session following

17 the election of its members and within ninety (90) days thereafter, the Sangguniang
18 Panlungsod shall adopt or update its existing rules of procedure.

19 (b) The rules of procedure shall provide for the following:
20 (1) The organization of the Sanggunian and the election of its officers as
2 well. as. the. creation. of. standing committees. which. shall. include. the
2 committees on appropriations, revenues, engineering and public works,
23 education and health, women and family, human rights, youth and sports
24 development, environmental protection, peace and order and traffic, and
25 cooperatives; the general jurisdiction of each committee; and the election
26 of the chairperson and members of each committee;

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

28 (8) The legislative process;

2» (4) The parliamentary procedures which include the conduct of members
30 during sessions;

31 (5) The discipline of members for disorderly behavior and absences
32 without justifiable cause for four (4) consecutive sessions for which they
33 may be censured, reprimanded or excluded from the session, suspended
34. for.not.more than.sixty(60).days.or expelled: Provided, That the. penalty of.
35 suspension or expulsion shall require the concurrence of at least two-
36 thirds (2/3) vote of all the Sanggunian members: Provided, further, That
37 the member convicted by final judgment to imprisonment of at least one
38 (1) year for any ctime involving moral turpitude shall be automatically
39 expelled from the Sanggunian; and

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

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Sec. 13. Full Disclosure of Financial and Business Interests of Sangguniang
Panlungsod Members.- (a) Every Sangguniang Panlungsod member shall, upon
assumption to office, make a full disclosure of business and financial interests. Such
disclosure shall also include professional relationship or any relation by affinity or
consanguinity within the fourth civil degree with any person, firm or entity affected by
any ordinance or resolution under consideration Sanggunian of which he or she is a
member, which relationship may result in conflict of interests. Such relationship shall
include:

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

(2) Contracts or agreements with any person or entity which ordinance or
resolution may affect.

In the absence of a specific constitutional or statutory provision applicable to this
situation, "conflict of interest" refers, in general, to one where it may be
reasonably deduced that a member of a Sanggunian may not act in the public
interest due to some private, pecuniary or other personal consideration that may
tend to affect the exercise of judgment to the prejudice of the service or the
Public,

{b) The disclosure required-under this.Act.shall-be made in-writing-and.shall-be
submitted to the secretary of the Sanggunian or the secretary of the committee of
Which he or she is a member. The disclosure shall, in all cases, form part of the
record of the proceedings and shall be made in the following manner:

(1) The disclosure shall be made before the member participates in
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). The. disclosure. shall. be- made. when. a. member takes. a- position..or
makes a privilege speech on a matter that may affect the business
interest, financial connection or professional relationship described herein.

Sec. 14, Sessions. — (a) On the first day of the session immediately following the
election of its members, the Sangguniang Panlungsod shall, by resolution, fix the day,
time and place of its sessions. The minimum number of regular sessions shall be once
@ week for the Sangguniang Panlungsod and twice a month for the Sangguniang
Barangay.

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

(c) All Sanggunian sessions shall be open to the public unless a closed-door
session is ordered by an affirmative vote of the majority of the members present,
there being @ 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.

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(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 matter may be considered at a
special except those stated in the notice,

(2) The Sangguniang Panlungsod shall keep a joumal and a record of its
proceedings, which may be published upon resolution of the majority of its
members,

Sec. 15. Quorum. — (a) A majority of all the members of the Sanggunian who
have been elected and qualified shall constitute a quorum to transact official business.
Should a question of quorum be raised during a session, the presiding officer shall
immediately proceed to call the roll of the members and thereafter announce the result.

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

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

Sec. 16. Approval of Ordinances. — (a) Every ordinance enacted by the
Sangguniang Panlungsod shall be presented to the City Mayor. If the City Mayor
approves the same, his or her signature shall be affixed on each and every page
thereof; otherwise, the ordinance shall-be vetoed-and.retum-the same with-his-or her
statement on the objections to the Sanggunian, which any proceed to reconsider the
same, The Sanggunian may override the veto of the City Mayor by two-thirds (2/3) vote
of all its members, thereby making the ordinance or resolution effective for all legal
intents and purposes.

(b) The veto shall be communicated by the City Mayor to the Sanggunian within
ten (10) days; otherwise, the ordinance shall be deemed approved as if it had
been signed,

Sec. 17. Veto Power of the City Mayor. - (a) The City Mayor may veto any
-ordinance. of the. Sangguniang Panlungsod. on. the. ground. that it is- ultra. vires. ot
prejudicial to the public welfare, stating the reasons thereof in writing.

(b) The City Mayor shall have the power to veto any particular item or items of an
appropriations ordinance, an ordinance or resolution adopting a local
development plan, any public investment program or an ordinance directing the
payment of money or creating liability. In such case, the vetoed item or items
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

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veto in the manner herein provided; otherwise, the item or items in the
appropriations ordinance of the previous year corresponding to those vetoed, if
any, shall be deemed re-enacted.

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

Sec. 18. Review of City Ordinances by the Sangguniang Panlalawigan. — (a)
Within three.(3).days..after approval, the secretary-to.the. Sangguniang Panlungsod shall
forward to the Sangguniang Panlalawigan for review, copies of approved ordinances
and the resolutions approving the local development plans and the public investment
programs formulated by the local development councils.

(b) Within thirty (30) days after receipt of copies of such ordinances and
resolutions, the Sangguniang Panialawigan shall examine the documents or
transmit them to the provincial attomey 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 his or her comments or recommendations which may
-be.considered-by the. Sangguniang-Panlalawigan in. making ‘ts.decision,

(0) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is
beyond the power conferred upon the Sangguniang Panlungsod, 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 is taken by the Sangguniang Panlalawigan within thirty (30) days
after submission of such an ordinance or resolution, the same shall be presumed
to be consistent with law and therefore valid.

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

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

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

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

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Sec. 21. Effectivity of Ordinances or Resolutions. — (a) Unless otherwise stated
in the ordinance or the resolution approving the local development plan and the public
investment program, the same shall take effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance of the city hall and in at least two (2)
other conspicuous places in the City 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 the secretary of the Sangguniang
Panlungsod shall record such fact in a book kept for the purpose, stating the
dates of approval and posting.

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

ARTICLE VI
DISQUALIFICATION AND SUCCESSION OF
ELECTIVE CITY OFFICIALS

Sec. 22. Disqualification of Elective City Officials. — The following persons are
disqualified from running for any elective position in the City:

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

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

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

(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or nonpolitical cases here and abroad;

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

(g) The insane or feeble-minded.

Sec..23. Permanent Vacancy in. the Offices. of the City Mayor and the City Vice
Mayor.- (a) If a permanent vacancy occurs in the office of the City Mayor, the City Vice
Mayor shall become the City Mayor. If a permanent vacancy occurs in the office of the
City Vice Mayor, the highest ranking Sangguniang Panlungsod member or, in case of
his or her permanent incapacity, the second highest ranking Sangguniang Panlungsod
member becomes the City Mayor or the City Vice Mayor, as the case may be.
Subsequent vacancies in the said offices shall be filled automatically by the other

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Sanggunian members according to their ranking as defined under the Local
Government Code of 1991, as amended.

(b) If @ permanent vacancy ocours in the office of the Punong Barangay, the
highest ranking Sangguniang Barangay member or, in case of his or her
permanent incapacity, the second highest ranking Sanggunian member shall
become the Punong Barangay.

(0) 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
official fills in a higher vacant office, refuses to assume office, falls to qualify,
dies, is removed from office, voluntarily resigns or is otherwise permanently
incapacitated to discharge the functions of his or her office.

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

Sec. 24. Permanent Vacancies in the Sangguniang Panlungsod. — Permanent

vacancies in the Sangguniang Panlungsod where automatic succession as provided
above does not apply shall be filled in by appointments in the following manner:

(a) The provincial govemor shall make the aforesaid appointments;

(b) Only the nominee of the political party under which the Sanggunian member
concemed had been elected and whose elevation to the position next higher in
rank created the last vacancy in the Sanggunian shall be appointed in the
manner herein provided. The appointee shall come from the same political party
as that of the Sanggunian member who caused the vacancy and shall serve the
unexpired term of the vacant office.

In the appointment herein mentioned, a nomination and a certificate of
membership. of the. appointee. from. the. highest official. of. the- political. party.
concemed are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall be a ground
for administrative action against the official responsible therefor;

(©) In case the permanent vacancy is caused by a Sanggunian member who
does not belong to any political party, the City Mayor shall, upon the
recommendation of the Sangguniang Panlungsod, appoint a qualified person to
fill n 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. in. automatically. by. the
official next-in-rank of the Sangguniang Kabataan or barangay concerned.

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Sec. 25. Temporary Vacancy in the Office of the City Mayor. ~ (a) When the City
Mayor is temporarily incapacitated to perform his or her duties for physical or legal
reasons, such as, but not limited to, leave of absence, travel abroad and suspension
from office, the City Vice Mayor or the highest ranking Sangguniang Panlungsod
member shall automatically exercise the powers and perform the duties and functions of
the City Mayor, except the power to appoint, suspend or dismiss employees which can
only be exercised if the period of temporary incapacity exceeds thirty (30) working days,

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

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

(d). In. the. event, however, that. the. City Mayor fails.or refuses. to. issue. such
authorization, the City Vice Mayor or the highest ranking Sangguniang
Panlungsod member, as the case may be, shall have the right to assume the
Powers, duties and functions of the office on the fourth (4"") day of absence of the
City Mayor, subject to the limitations provided for in subsection (c) hereof.

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

ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY

Sec. 26. The Secretary to the Sangguniang Panlungsod. ~ (a) There shall be a
secretary to the Sangguniang Panlungsod who shall be a career official with the rank
and salary equal to a head of a department or office.

(b) No person shall be appointed secretary to the Sangguniang Panlungsod
unless one is a citizen of the Philippines, a resident of the City of Capas, of good
moral character, a holder of a college degree preferably in law, commerce or
Public administration. obtained from.a.recognized.college.or university and.a.first
grade civil service eligible or its equivalent.

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

(1) Attend meetings of the Sangguniang Panliungsod and keep a journal of
its proceedings;

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(2) Keep the seal of the City and affix it with his or her signature to all
ordinances, resolutions and other official acts of the Sangguniang
Panlungsod, and present these for the signature of the presiding officer;

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

(4) Forward to the Sangguniang Panlalawigan copies of duly approved
ordinances. in. the. manner as. provided. for 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 one’s 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 nonconfidential records therein open to the
public during usual business hours;

(8) Translate into the dialect used by the majority of the inhabitants, all
ordinances and resolutions immediately after their approval, and cause
their publication together with the original version in the manner provided
under the Local. Government. Code of 1994, 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 for under the Local Government Code of 1991, as amended,
and those that are prescribed by law or ordinance.

Sec. 27. 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 civil service law, rules and
regulations,

(b) The City Treasurer shall be under the administrative supervision of the City
Mayor, to whom one shall report regularly on the tax collection efforts in the City.

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

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

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(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 concemed regarding the disposition of
local government funds and on other matters relative to public finance;

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

(3). Take. charge. of the. disbursement of all. funds. of the. City and. other
funds, the custody of which has been entrusted to him or her by law or
other competent authority;

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

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

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

Sec. 28. The Assistant City Treasurer, -(a) The assistant city treasurer may be
appointed by the Secretary of Finance from a list of at least three (3) ranking eligible
recommendees of the city mayor, subject to Civil Service Law, rules and'regulations.

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

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

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

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

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

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

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

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

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

(4) Install and maintain real property identification and accounting
systems;

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

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

(7) Exercise the functions of appraisal and assessment primarily for
taxation purposes of all real properties in the City;

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

(9) Issue, upon request of any interested party, certified copies of
assessment records of real properties and all other records relative to its
assessment, upon payment of a service charge or fee to the City
Treasurer;

(10) Submit every semester a report of all assessments, as well as
cancellations and 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 his or her
assessment is subject of the appeal, and present or submit any
information or record in his or her possession as may be required by the
Board; and

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

Sec, 30. The Assistant City Assessor. — (a) The assistant city assessor must be a
citizen of the Philippines, a resident of the City of Capas, of good moral character, a

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holder of a college degree preferably in civil or mechanical engineering, commerce or
any related course from a recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in real property assessment
work or in any related field for at least three (3) years immediately preceding the day of
his appointment;

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

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

Sec. 31.The City Accountant.- (a) The City Accountant must be a citizen of the
Philippines, a resident of the City of Capas, of good moral character, a certified public
accountant and must have acquired experience in the treasury or accounting service for
atleast five.(5) years.

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

(c) The City Accountant shall take charge of both the Office of the Accounting
and Internal Audit Services, and shall:

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

(2) Prepare and submit financial statements to the City Mayor and to the
Sangguniang Panlungsod;

(3) Appfise the Sangguniang Paniingsod and other officials on the
financial condition and operations of the City;

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

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

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

(7) Prepare statements of journal vouchers, their liquidations, and other
adjustments related thereto;

(8) Post individual disbursements to subsidiary ledgers and index cards;

(®) Maintain individual ledgers for officials and employees of the City
pertaining to payrolls and deductions;

(10) Record and post in index cards details of purchased fumitures,
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;

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(12) Prepare journals and the analysis of obligations and maintain and
keep all records and reports related thereto; and

(13) Perform 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.

(d) The incumbent Chief Accountant in the office of the Treasurer shall be given
preference in the appointment to the position of Accountant,

‘Sec. 32..The. City Budget Officer.— (a). The City. Budget Officer must be.a citizen.
of the Philippines, a resident of the City of Capas, of good moral character, a holder of a
college degree preferably in accounting, economics, public administration or any related
course obtained from a recognized college or university a first grade civil service eligible
or its equivalent and must have acquired experience in government budgeting or in any
related field for at least five (5) years.

(b) The City Budget Officer shall take charge of the City Budget Department, and
shall:

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

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

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

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

(5) Submit periodic budgetary reports to the DBM;

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

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

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

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

Sec. 33. The City Planning and Development Officer. — (a) The City Planning and
Development Officer must be a citizen of the Philippines, a resident of the City of
Capas, of good moral character, a holder of a college degree preferably in urban
planning, development studies,. economics, public administration, or in any related
course obtained from a recognized college or university, a first grade civil service
eligible or its equivalent and must have acquired experience in development planning or
in any related field for at least five (5) years.

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(b) The City Planning and Development Officer shall receive 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 the consideration of the City;

(2) Conduct continuing studies, researchers and training programs
necessary to evolve plans and programs for implementatio

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

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

(5) Prepare comprehensive plans and other development planning
documents for the consideration of the Local Development Council;

(6). Analyze. the. income. and. expenditure. patterns, and. formulate. and.
recommend fiscal plans and policies for the consideration of the finance
committee of the Sangguniang Panlungsod;

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

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

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

Sec. 34, The City Engineer. — (a) The City Engineer must be a citizen of the
Philippines, a resident of the City of Capas, of good moral character, a licensed civil
engineer and must have acquired experience in the practice of profession for at least
five (5) years.

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

(c) The City Engineer shall take charge of the City Engineering Office, and shall:
(1). Initiate,..review. and. recommend. changes. in- policies. and. objectives,
plans and programs, techniques, procedures and practices in
infrastructure development and public works in general of the City;

(2) Advise the City Mayor on infrastructure, public works and other
engineering matters;

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

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

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

Sec. 35. The City Health Officer. — (a) The City Health Officer must be a citizen
of the Philippines, a resident of the City of Capas, of good moral character, a licensed
‘medical practitioner and must have acquired experience in the practice of the profession
for at least five (5) years.

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

(0) The City Health Officer shall take charge of the Office of the City Health
Services, and shall

(1) Supervise the personnel and staff of the said office, formulate program
implementation guidelines and rules and regulations for the operation of
the said office for the approval of the City mayor in order to assist the
latter in the efficient, effective and economical implementation of health
service programs geared to implement health-related projects and
activities;

(2) Formulate measures for the consideration of the Sangguniang
Panlungsod and provide technical assistance and support to the City
Mayor in carrying out activities to ensure the delivery of basic services and
the. provision-of adequate facilities.relative-to.health.services.as_provided.
for under Section 17 of the Local Government Code of 1991, as amended;

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

(4) In addition to the foregoing duties and functions, the City Health officer
‘shall:

() 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;

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

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(iv) Recommend to the Sangguniang Panlungsod through the local
health board, the passage of ordinance as may be deemed
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,
stores selling food items or providing accommodations such as
hotels, motels, lodging houses, pension houses and the like, in
-accordance.with the Sanitation.Code.of-he Philippines;

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

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

(0%) Be in the frontline of the delivery of health services, particularly
during and in the aftermath of man-made and natural disasters or
calamities; and

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

Sec. 36. The City Civil Registrar. — (a) The City Civil Registrar must be a citizen
of the Philippines, a resident of the City of Capas, of good moral character, a holder ofa
college degree obtained from a recognized college or university, a first grade civil
service eligible or its equivalent and must have acquired experience in civil registry work
for at least five (5) years.

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

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

(d) The City Civil Registrar shall take charge of the Office of the City Civil
Registry, and shall:

(1) Develop plans and strategies and, upon approval thereof by the City
Mayor, implement the same, particularly those which have to do with the
civil registry programs and projects which the City Mayor is empowered to
provide for under the Local Government Code of 1991, as amended;

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

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

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

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

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

(v) Issue certified transcripts or copies of any certificate or
registered document upon payment of the required fees to the City
Treasurer;

(vi) Receive application 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

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

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

Sec. 37. The City Administrator. ~ (a) The City Administrator must be a citizen of
the Philippines, a resident of the City of Capas, of good moral character, a holder of a
college degree preferably in. public administration, law. or. in. any. other. related. course.
from a recognized college or university, a first grade civil service eligible or its
equivalent and must have acquired experience in management and administrative work
for at least five (5) years.

(b) The term of the City Administrator shall be coterminous with that of the
appointing authority.

(c) The City Administrator shall receive 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 Pantungsod is empowered
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(2) Assist in the coordination of the work of all the officials of the City, under the
supenision, direction and control of the City Mayor and, for this purpose, he or
she may convene the chiefs of offices and other officials of the local government
unit;

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

(4) Conduct a continuing organizational development of the local government unit
with-the-end.in.view.of instituting effective.administrative.reforms;

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

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

Sec. 38. The City Legal Officer. - (a) The City Legal Officer must be a citizen of

the Philippines, a resident of the City of Capas, of good moral character, a member of
the Philippine bar and must have practiced the profession for at least five (5) years.

The term of the City Legal Officer shall be coterminous with that of the appointing
authority.

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

(c). The City. Legal Officer, the chief legal counsel of the City,. shall take charge of
the Office of the City Legal Service, and shall:

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

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

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

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(4) When required by the City Mayor or Sanggunian, draft ordinances,
contracts, bonds, leases and other instruments, involving any interest of
the local government unit; 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
-appropriate action to the. City. Mayor. or Sanggunian, asthe case.-may be;

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

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

(8) 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;

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

(12) Perform 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 Taw or ordinance.

Sec. 39, The City Social Welfare and Development Officer. — (a) The City Social
Welfare and Development Officer must be a citizen of the Philippines, a resident of the
City of Capas, of good moral character, a licensed social worker or a holder of a college
degree. preferably. in.social. work, sociology or in.any other related course. obtained from.
a recognized college or university, a first grade civil service eligible or its equivalent and
must have acquired experience in the practice of social work for at least five (5) years
immediately preceding the date of appointment.

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

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

(1), Formulate measures for the approval of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying

33


1 ‘out measures to ensure the delivery of basic services and the provision of
adequate facilities relative to social welfare and development services;

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

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

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

u“ (6) Assist the City Mayor in implementing the barangay level program for
15 the total development and protection of children up to six (6) years of age;
16 (6) Facilitate the implementation of welfare programs for the disabled,
7 elderly and victims of drug addiction, the rehabilitation of prisoners and
18 parolees, the prevention of juvenile delinquency and such other activities
19 Which would eliminate and minimize the ill-effects of poverty;
20 (7) Initiate and support youth welfare programs that will enhance the role
a of the youth in nation building;
2 (8) Coordinate with the govemment agencies and nongovernmental
23 organizations which have for their purpose the promotion and the
ee protection of all the needy, disadvantaged, underprivileged or
25 impoverished groups or individuals, particularly those identified to be
6 vulnerable and high risk to exploitation, abuse and neglect;

27 (8) Be in the frontline of the delivery of services particularly those which
28 have to do with the immediate relief and assistance during and in the
29 aftermath of man-made and natural disasters or calamities;
30 (10) Recommend to the Sangguniang Panlungsod and advise the City
31 Mayor on all other matters related to social welfare and development
32 services which will improve the livelihood and the living conditions of the
33 City’s inhabitants; and

34 (11) Perform other duties and functions and exercise such other powers
35. -as provided for-under the Local.Government Code of. 1994, as-amended,
36 and those that are prescribed by law or ordinance.

37 Sec. 40. The City Veterinarian. - (a) The City Veterinarian must be a citizen of

38 the Philippines, a resident of the City of Capas, of good moral character, a licensed
39 Doctor of Veterinary Medicine and must have practiced the profession for at least three
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(b) The City Veterinarian shall receive compensation, emoluments and
allowances as may be determined by law.

(c) The City Veterinarian shall take charge of the Office of the Veterinary
Services, and shall:

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

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

(8) 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, mik and dairy products for public
consumption;

(6) Enforce all laws 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, including 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 other matters relative to the veterinary services which will
increase the number and improve the quality of livestock, poultry and
other domestic animals used for work or for human consumption; and

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

Sec. 41. The City General Services Officer. — (a) The City General Services
Officer must be a citizen of the Philippines, a resident of the City of Capas, of good
moral character, a holder of a college degree in public administration, business
administration or management obtained from a recognized college or university, a first
grade civil service eligible or its equivalent and must have acquired experience in
general services, including the management of supply, property, solid waste disposal
and general sanitation for at least five (5) years.


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

(c) The City General Services Officer shall take charge of the Office of the
General Services, and shall:

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

(2) Develop plans and strategies and, upon approval thereof by the City
Mayor, implement these with 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;

(8) Take custody of and be accountable for all properties, reat 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;

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

(6) 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;

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

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

(8) 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;

(10) Be in the frontline of general services-related activities, including the
possible and’ imminent destruction or damage to records, supplies,
properties and structure and the orderly and sanitary clearing up of waste
materials or debris, particularly during and in the aftermath of man-made
and natural disasters or calamities;

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

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

Sec. 42. 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 Capas, of good moral character, a holder of a college degree
preferably in environment, forestry, agriculture or in any other related course obtained
from a recognized college or university, a first grade civil service eligible or its
equivalent and must have acquired experience in environment and natural resources
‘management, conservation.and.utiization-work for at least five (5) years.

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

(c) The City Environment and Natural Resources Officer shall take charge of the
City Environment Service Department, and shall:

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

(2) Develop plans and strategies and, upon approval thereof by the City
Mayor, implement these with the environment and natural resources
programs and projects which the City Mayor is empowered to implement
and-which the Sangguniang-Panlungsod is-empowered.to.provide:

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

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

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

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

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

(8) Be in the frontline of the delivery of services concerning the
environment. and. natural. resources, particularly in. the renewal. and.


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rehabilitation of the environment during and in the aftermath of man-made
and natural disasters or 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 other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, as amended,
and those that.are prescribed by-law-or ordinance.

Sec. 43. The City Architect. — (a) The City Architect must be a citizen of the
Philippines, a resident of the City of Capas, of good moral character, a duly licensed
architect and must have practiced the profession for at least five (5) years.

(b) The City Architect shall receive 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:

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

(2) Develop plans and strategies and, upon approval thereof by the City
Mayor, implement these 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. Sanggunian. the.
architectural plan and design for the local govemment unit or a part
thereof, including the renewal of slums and blighted areas, land
reclamation activities, the greening of land and appropriate planning of
marine and foreshore areas;

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

(5). Coordinate with. goverment. and. nongoverment. entities. and.
individuals involved in the aesthetics and 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

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

(7) Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all other matters relative to architectural planning and design as
itrelates to the total socioeconomic development of the City; and

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

Sec. 44. The City Information Officer. — (a) The City Information Officer must be
a citizen of the Philippines, a resident of the City of Capas, of good moral character, a
holder of a college degree preferably in journalism, mass communication or in any
related course obtained from a recognized college or university, a first grade civil
service eligible or its equivalent and must have experience in writing articles and
esearch papers, or writing for print, television or broadcast media for at least three (3)
years.

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

(c) The term of the City Information Officer is coterminous with that of his or her
appointing authority,

(d) The City Information Officer shall take charge of the City Information and
Community Relations Department, and shall:

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

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

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

(4) Furmish information and data on local government agencies or offices
as may be required by law or ordinance; and nongovernmental
organization to be furnished by said agencies and organizations;

(8) 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;

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(6) Be jin the ‘ffontline ‘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 other matters relative to public information and research data
as it related to the total socioeconomic development of the City; and

(8) Perform other duties and functions and exercise such other powers as
provided for. under. the-Local.Government Code.of 1994, as.amended, and.
those that are prescribed by law or ordinance.

Sec. 45. The City Cooperatives Officer. — (a) The City Cooperatives Officer must
be a citizen of the Philippines, a resident of the City of Capas, of good moral character,
a holder of a college degree preferably in business administration with special training
-on cooperatives or .in any related course obtained from a recognized college or
university, a first grade civil service eligible or its equivalent and must have acquired
experience in cooperatives organization and management for at least five (5) years.

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

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

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

(2) Develop plans and strategies and, upon approval thereof by the City
Mayor, implement these withthe integration.of cooperatives principles and.
methods in programs and projects which the City Mayor is empowered to
implement and which the Sangguniang Panlungsod is empowered to
provide;

(3) Assist in the organization of cooperatives;

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

(6) 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 cooperatives organization, rehabilitation or
viability enhancement, particularly during. and. in. the. aftermath. of. man-
made and natural disasters or calamities, to aid in their survival and, if
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(7) Recommend to the Sangguniang Parilungsod’ ani aiivise the City
Mayor on all other matters relative to cooperatives development and
viability enhancement which will improve the livelihood and the quality of
life of the inhabitants; and

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

Sec. 46. The City Population Officer. — (a) The City Population Officer must be a
citizen. of the. Philippines, a-resident of the. City. of Capas, of good-moral-character, a
holder of a college degree preferably with specialized’ training ‘in population
development obtained from a recognized college or university, a first grade civil service
eligible or its equivalent and must have acquired experience in the implementation of
programs on population development or responsible parenthood for at least five (5)
years.

(b) The City Population Officer shall’ recéive compensation, emoluments and
allowances as may be determined by law.

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

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

(2) Develop plans and strategies and, upon approval thereof by the City
Mayor, implement these 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;

(8) 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 databank for program operations,
development planning and an educational program to ensure the people's
Participation in, and understanding of, population development;

(6) Implement appropriate training programs responsive to the cultural
-heritage.of the. inhabitants; and

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

‘Sec. 47. The City Agriculturist. —(a) The City Agriculturist must be a citizen of the
Philippines, a resident of the City of Capas, of good moral character, a holder of a

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college degree préférably in agriculture or in any other related course obtained 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 experience in s related
field for at least five (5) years.

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

(c) The City Agriculturist shall take charge of the Office of the Agriculture
Services, and shall:

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

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

(3) In addition tothe foregoing duties and-functions, ‘the ‘City Agriculturist
shall:

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

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

(ii) 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 govemment “agencies and--nongovernmental
organizations in the promotion of agricultural productivity through
applied technology compatible with environment 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 or calamities;

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

(6) Perform 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.

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

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

(b) The city fire station shall be headed by a City Fire Marshal whose
qualifications. shall. be as. those. provided. for under Republic. Act.No.. 9263,. as.
amended; otherwise known as'the “Bureau of Fire Protection and"Bureau of Jail
Management and Penology Professionalization Act of 2004".

(c) The city fire station shall be responsible for providing emergency services,
including the rescue and evacuation of injured people related to incidents and, in
general, all fire prevention and suppression measures to secure the safely of life
and property of the citizenry.

Sec. 49. The City Jail Service. — (a) There shall be established and maintained in
the City a secure, clean, adequately equipped and sanitary jail for the custody and
safekeeping. of. prisoners, any. fugitive. from. justice,. or person. detained. awaiting
investigation or transfer to'the ‘National'Penitentiary, and/or trial'and/or violent mentally
ill person who endangers oneself or the safety of others, duly certified as such by the
proper medical health officer, pending the transfer to a mental institution.

() The city jail service shall be headed by a City Jail Warden whose
qualifications shall'be as those. provided for under the Bureau of Fire Protection
and Bureau of Jail Management and Penology Professionalization Act of 2004.
One shall assist in the immediate rehabilitation of individuals or detention
prisoners. The City Jail Warden shall ensure that great care is exercised at all
times so that the human tights of prisoners are respected and protected, and
their spiritual and_physical.well-being.are.properly.and promptly attended.to..

Sec. 50. The City Schools Division. ~ (a) There shall be established’ and
maintained by the Department of Education (DepEd), a city schools division of the City
of Capas whose area of jurisdiction will cover all the school districts within the City.

(b) The city schools division shall be headed by a City Schools Division

-Superintendent.who. must possess.the.necessary qualifications. required.by the
DepEd.

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Sec. 51. The City Prosecution Service. — (a) There shall’be established'in the
City, a city prosecution service to be headed by a City Prosecutor and such number of
assistant city prosecutors, as may be necessary, who shall be organizationally part of
the Department of Justice (DOJ), and under the supervision and control of the Secretary
of Justice and whose qualifications, manner of appointment, rank, salary and benefits
shall be governed. by-existing laws.covering prosecutors .in.the-DOJ.

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

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

ARTICLE TX”
TRANSITORY AND FINAL PROVISIONS

‘Sec. 52. Municipal Ordinances Existing at the Time of the Approval of this Act. —
All municipal ordinances of the Municipality of Capas existing at the time of the approval
-of this. Act_shall continue to_be_in force within the. City.of Capas_until the. -Sangguniang.
Panlungsod shall deciare otherwise.

Sec. 53. Plebiscite. - The City of Capas shall acquire corporate existence upon
the ratification of its creation by a majority of the votes cast by the qualified voters in a
Plebiscite to-be conducted. in-the present Municipality of Capas. within-ninety (90).days
‘from the approval of this Act.

The Commission on Elections shall conduct and supervise such plebiscite.
The expenses for the plebiscite shall be borne by the Municipality of Capas.

Sec. 64. Officials of the City of Capas. —The present élective officials of the
Municipality of Capas shall continue to exercise their powers and functions until such
time that a new election is held and the duly elected officials shall have already qualified
and assumed their offices. The two (2) additional members of the Sangguniang
Panlungsod shall be appointed by the City Mayor and shall assume office until such
time. that.the-regular. members.of. the. Sangguniang. Panlungsod.have.been.elected.and
qualified in the next national and local elections after the effectivity of this Act.
Appointive officials and employees of the municipality shall likewise continue exercising
their functions and duties and they shall be automatically absorbed by the city
government of the City of Capas.

‘Sec. 55. Succession Clause. ~The City of Capas shall’ succeed to all the assets,
properties, liabilities and obligations of the Municipality of Capas.

See. 56. Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Tarlac. - The qualified voters of the City of Capas shall be
-qualified.to.vote and.run for any elective position in the elections for provincial. governor,

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provincial vice governor, Sanggurilang Parilélawigan members and other élective
officials for the Province of Tarlac.

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

Sec. 58. Suspension of Increase in Rates of Local Taxes. — No increase in the
rates of local taxes shall be imposed by the City within the period of five (5) years from
its acquisition of corporate existence.

Sec. 59. Legislative District. ~'Until otherwise provided by law, the ‘City of Capas
shall continue to be a part of the Third Legislative District of the Province of Tarlac.

Sec. 60. Applicability of Laws. - The provisions of the Local Government Code of
1991, as amended, and other laws pertaining to the Province of Tarlac and such laws
as are applicable shall govern the City of Capas insofar as they are not inconsistent with
the provisions of this Act.

Sec. 61.Separability Clause. — If, for any reason or reasons, any part or provision
of this Charter shall be held unconstitutional, invalid or inconsistent with the Local
Government Code of. 1991,..as.amended, the other. parts. or provisions hereof which are
not affected shall continue 'to be in’fullforce and effect.

Sec. 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: