REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES ,
QUEZON City, METRO MANILA

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 6432

AN ACT
CONVERTING THE MUNICIPALITY OF POLOMOLOK IN THE
PROVINCE OF SOUTH COTABATO INTO A COMPONENT CITY TO
BE KNOWN AS THE CITY OF POLOMOLOK

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Polomolok into a component city
of the Province of South Cotabato.

The Municipality of Polomolok is located between General Santos and the
Municipality of Tupi. Polomolok is seated about 41 kilometers South-east of the
provincial capital city of Koronadal and 17 kilometers North of the port city of General
Santos. It is geographically located and part of the First Legislative District of the
Province of South Cotabato.

In the early days, Polomolok was predominantly settled by Muslims and
lumads not until when it was officially opened for settlement in 1940s. Christians
from Luzon and Visayas, who were brought by boat to then Dadiangas (now General
Santos City), came to settle and helped in the development of the area

Polomolok was created by virtue of Presidential Executive Order No. 264
issued on August 21, 1957 by late President Manuel P. Garcia. It was founded and
started functioning as a regular and independent municipality on September 10,
1957.

The municipality consists of 23 barangays with a total contiguous land area of
33,997 hectares (339.97 square kilometers).


The population of Polomolok grew from 15,536 in 1960 to 152,589 in 2015, an
increase of 137,053 people. The latest census figures in 2015 denote a positive
average annual population growth rate of 1.89%, or an increase of 14,316 people,
from the previous population of 138,273 in 2010 (PSA Census of Population Report,
2015). As of May 2019 elections, it has 99,820 registered voters.

Polomolok is a first income class municipality and ranks 21* in the largest
income eamer municipalities of the Philippines. As of 2016, it is the wealthiest
municipality in Mindanao with PhP 1.47 billion worth of assets and the 7 Most
Competitive Municipality in Mindanao for the year 2018. The municipality has able to
collect total revenues for years 2016 and 2017 in the amount of PhP 456,344,629.94
and PhP 492,481 673.92, respectively (2017 Annual Audit Report on the Municipality
of Polomolok, Commission on Audit).

The rapid economic development of Polomolok is attributable to its being
home to the biggest pineapple plantation in the country, DOLE Philippines, a 12,000-
hectare plantation. It attracted people and businesses from all over the country in
search for better employment or business opportunity. It is also gifted with very fertile
land, the establishment of pineapple cannery and a cotton ginnery, livestock
resources (cattle, piggery, meat packaging), and abundant produce of high-value
agricultural products such as asparagus and cut flowers, corn, vegetable and fruits.

The incorporation of the Municipality of Polomolok into a component city of
South Cotabato will further boost the capacity of Polomolok to respond to the steady
rising in social, educational and health requirements of the constituents in the midst
of its booming economy. Cityhood of Polomolok ushers a great number of economic
opportunities benefitting not only the people of Polomolok, but also the people of its
neighboring municipalities.

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

SHIRLYN L/BANAS-NOGRALES
qoo 3 law


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QuEZON CTY, METRO MANILA

EIGHTEENTH CONGRESS
First Regular Session

House Bit No.__ 6432

AN ACT
CONVERTING THE MUNICIPALITY OF POLOMOLOK IN THE
PROVINCE OF SOUTH COTABATO INTO A COMPONENT CITY TO
BE KNOWN AS THE CITY OF POLOMOLOK

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

ARTICLE |
GENERAL PROVISIONS

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

Section 2. The City of Polomolok. — The Municipality of Polomolok shall be
converted into a component city to be known as the City of Polomolok, hereinafter
referred to as the City, which shall comprise the present territory of the Municipality
of Polomolok, Province of South Cotabato. The territorial jurisdiction of the City shall
be within the present metes and bounds of the Municipality of Polomolok.

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
territoriai jurisdiction between the City of Polomoiok and the adjoining iocai

1


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.

Section 3. Corporate Powers of the City. — The City constitutes a political
body corporate and, as such, is endowed with the attributes of perpetual succession
and possessed of the powers which pertain to a municipal corporation to be
exercised in conformity with the provision of this Charter.

The City shall have the following corporate powers:

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

(b.) To sue and be sued;

(c.) To have and use a corporate seal;

(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, this Act or laws.

Section 4. General Powers of the City. - 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 as hereinafter conferred.


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

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

Section 6. Liability for Damages. — Unless otherwise provided by law, the City
of Polomolok shall not be exempt from liability for death or injury to persons or
damage to property arising from the act or omission of any of its officers or
employees while in the performance of the official functions.

Section 7. Jurisdiction of the City. — The jurisdiction of the City, for police
purposes only, shall be coextensive with its territorial jurisdiction and, for the purpose
of protecting and ensuring the purity of the water supply 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 regional trial courts and city courts of the City of Polomolok shall have
concurrent jurisdiction with the regional trial courts and the city or municipal courts of
the adjoining cities and municipalities 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
concerned shall have concurrent jurisdiction with the police forces of the City for the
maintenance of good order and the enforcement of ordinances throughout said
zones, areas or spaces.

ARTICLE I
CITY OFFICIALS IN GENERAL

Section 8. The Officials of the City of Polomolok. — (a) There shall be in the
City of Polomolok: a City Mayor, a City Vice-Mayor, Sangguniang
Panglungsod 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, a city social welfare and development officer, a city
veterinarian and a city general services officer.

(b) In addition thereto, the City Mayor may appoint a city environment and
natural resources officer, 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.

(d) The Sangguniang Panlungsod of the City of Polomolok may:

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

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

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


(e) Unless otherwise provided herein, heads of departments and offices shall
be appointed by the City Mayor with the concurrence of the majority of all
the Sangguniang Panlungsod members, subject to civil service laws, rules and
regulations. The Sangguniang Panlungsod shalll 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 II 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

Section 9. The City Mayor. — (a) The City Mayor shall be the chief executive
of the City and shall be elected at large by the qualified voters of the City. No person
‘shail 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 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, as other compensation, emoluments and allowances as may be
determined by law.


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

(c.) For efficient, 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)

ii)

ili)

iv)

v.)

Determine the guidelines of city policies and be responsible to
the Sangguniang Panlungsod for the program of government;
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;
Present the program of government and propose policies and
projects for the consideration of the Sangguniang
Panlungsod at the opening of the regular session of
the Sangguniang Panlungsod every calendar year and as
often as may be deemed necessary as the general welfare of
the inhabitants and the needs of the city government may
require;
Initiate and propose legislative measures to the Sangguniang
Panlungsod and, as often as may be deemed necessary,
provide such information and data needed or requested by
said Sanggunianin the performance of its legislative
functions;
Appoint all officials and employees whose salaries and wages
are wholly or mainly paid out of city funds and whose
appointments are not otherwise provided for under the Local
Government Code of 1991, as amended, and in this Act, and
6


vi.)

vii.)

viii.)

ix.)

x)

xi.)

xii.)

xiii.)

those whose appointment he or she may be authorized by
laws to appoint;
Represent the City in all its business transactions and sign on
its behalf all bonds, contracts and obligations, and other
documents upon the authority of the Sangguniang
Panlungsod or pursuant to law or ordinance;
Carry out emergency measures as may be necessary during
and in the aftermath of man-made and natural disasters and
calamities;
Determine the time, manner and place of payment of salaries
or wages of the officials and employees of the City, in
accordance with law or ordinance;
Allocate and assign office space to the City and other officials
and employees who, by law or ordinance, are entitled to
space in the city hall and other buildings owned or leased by
the city government;
Ensure that all executive officials and employees of the City
faithfully discharge their duties and functions as provided for
by law and the Local Government Code of 1991, as
amended, and cause to be instituted administrative or judicial
proceedings against any official or employee of the City who
may have committed an offense in the performance of official
duties;
Examine the books, records and other documents of all
offices, officials, agents or employees of the City and, in aid of
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;
Furnish copies of executive orders issued to the provincial
governor within seventy-two (72) hours after their issuance;
Visit component barangays of the City at least once every six
(6) months to deepen understanding of the problems and
7


xiv.)

xv.)

xvi.)

xvii.)

xviii.)
xix.)

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 concern them, and otherwise conduct visits and
inspections to ensure that the governance of the City will
improve the quality of life of the inhabitants;

Act on leave applications of officials and employees
appointed by him or her and on the communication of the
monetary value of their leave credits in accordance with law;
Authorize official trips of city officials and employees outside
of the City for a period not exceeding thirty (30)
days: Provided, That trips abroad for a longer period may be
authorized in accordance with the Local Government Code of
1991, as amended;

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 threon; 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;

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;

Solemnize marriages;

Conduct an annual palarong panlungsod which shall feature
traditional sports and disciplines included in national
international games, in coordination with the Department of


Education (DepEd), Philippine Sports Commission and other
related agencies; and

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

ji.) Issue executive orders for the faithful and appropriate
enforcement and execution of laws and ordinances;

iv.)Be entitled to carry the necessary firearms within his or her
territorial jurisdiction;

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

9


vi.)

forces in the City in accordance with Republic Act No. 6975,
otherwise known as the "Department of the Interior and Local
Government Act of 1990"; and

Call upon the 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.

3.) Initiate and maximize the generation of resources and revenues, and

apply the same to the implementation of development plans, program

objectives and priorities, particularly those resources and revenues

programmed for agro-industrial development and countryside growth

and progress and, relative thereto, shall:

i)

ii)

ili)

iv.)

ve)

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";

Prepare and submit to the Sanggunianfor 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;

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;

Issue 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;

Issue permits, without need of approval from any national
agency, for the holding of activities for any charitable or welfare

10


vi.)

vii.)

viii.)

ix)

purpose, excluding prohibited games of chance or shows
contrary to law, public policy and public morals;

Require owners of illegally constructed houses, buildings or
other structures to obtain the necessary 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;

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

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

Institute or cause to be instituted administrative or judicial
proceedings for violation of ordinances in the collection of taxes,
fees, 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)

ii)

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

Coordinate the implementation of technical services, including
public works and infrastructure programs, rendered by national
offices.

uw


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.

Section 10. The City Vice-Mayor. — (a) There shall be a City Vice-Mayor who
shall be elected in the same manner as the City Mayor and shall, at the time of 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, and such other compensation,
emoluments and allowances as may be determined by law.

(b) The City Vice-Mayor shall:

1.) Be the presiding officer of the Sangguniang Panlungsod and 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;

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;

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; and

12


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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Section 10. Composition. - (a) The Sangguniang Panlungsod, the legislative
body of the City, shall be composed of the City Vice-Mayor as the presiding officer,
the ten (10) regular Sanggunian members, the President of the City Chapter of the
Liga ng mga Barangay, the President of the Panlungsod na Pederasyon ng mga
Sangguniang Kabataan, the Indigenous Peoples Mandatory Representative, and the
three (3) sectoral representatives who shall come from the women sector,
agricultural or industrial workers sector, and from urban poor sector, or persons with
disabilities (PWDs).

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

(c) The elective members of the Sangguniang Panlungsod shall possess the
qualifications as provided for under Section 39 of the Local Government Code of
1991.

(d) The members of the Sangguniang Panlungsod shall receive a minimum
monthly compensation corresponding to Salary Grade Twenty-five (25) as
prescribed under the "Compensation and Position Classification Act of 1989", as
amended, and implementing guidelines issued pursuant thereto, and such other
compensation, emoluments and allowances as may be determined by law.

Section 12. Powers, Duties, and Functions. - The Sangguniang
Panlungsod, as the legislative body of the City, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the City and its

13


inhabitants pursuant to Section 16 of the Local Government Code of 1991, as
amended, and in the proper exercise of the corporate powers of the City as provided
for under Section 22 of the Local Government Code of 1991, as amended, and shall:

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

1.) Review all ordinances approved by the Sangguniang Barangay and
executive orders issued by the Punong Barangayto determine
whether these are within the scope of the prescribed powers of
the Sangguniang Barangay and of the Punong Barangay;

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

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

4.) Adopt measures to protect the inhabitants of the City from 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;

5.) 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 il-repute, 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;

6.) Protect the environment and impose appropriate penalties for acts

which endanger the environment, such as illegal logging, smuggling
14


7)

8)

9)

10.)

11.)

12,

)

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 or acceleration of ecological
imbalance;

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;

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;

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 in a concurrent capacity at the rate authorized by
law;

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

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

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

15


13.) 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.

(b) 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:

1.) Approve the annual and supplemental budgets of the city government
and appropriate funds for specific programs, projects, services and
activities of the City, or for other purposes not contrary to law, in order
to promote the general welfare of the City and its inhabitants;

2.) 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;

3.) Subject to the provisions of Book II of the Local Government Code of
1991, as amended, and upon the majority vote of all the members of
the Sangguniang Panlungsod, authorize the City Mayor to negotiate
and contract loans and other forms of indebtedness;

4.) Subject to the provisions of Book 1! 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;

5.) Appropriate funds for the construction and maintenance or the rental
of buildings for the use of the City and, upon the majority vote of all

16


6)

7)

8)

9)

10.)

11)

12)

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

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;

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

Enact integrated zoning ordinances in consonance with the approved
comprehensive land-use plan, subject to existing laws, rules and
tegulations; establish fire limits or zones, particularly in populous
centers; and regulate the construction, repair or modification with the
provisions of the Fire Code of the Philippines;

Subject to national law, process and approve subdivision plans for
residential, commercial or industrial purposes and other development
purposes, and to collect processing fees and other charges, the
proceeds of which shall accrue entirely to the City: Provided,
however, That where approval of a national agency or office is
required, said approval shall not be withheld for more than thirty (30)
days from receipt of the application. Failure to act on the application
within the period stated above shall be deemed as approval thereof:
With the concurrence of at least two-thirds (2/3) vote of all members
of the Sangguniang Panlungsod, grant tax exemptions, incentives or
teliefs to entities engaged in community growth-inducing industries,
‘subject to the provisions of the Local Government Code of 1991;
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 City;
7


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

14.) Regulate the inspection, weighing and measuring of articles of
commerce.

(c) Subject to the provisions of Book Il of the Local Government Code of
1991, 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:

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

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

3.) 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;

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

5.) 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;

6.) 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

18


7.) Upon approval by a majority vote of all the members of
the Sangguniang Panlungsod, grant a franchise to any person,
partnership, corporation or cooperative to do business within the City;
establish, construct, operate and maintain 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.

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

1.) Declare, prevent or abate any nuisance;

2.) 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 filling up of any
land or premises to a grade necessary for proper sanitation;

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

4.) 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;

5.) Regulate the sale, giving away or dispensing of any intoxicating
malt, vino, mixed or fermented liquors at any retail outlet;

6.) 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;

7.) Regulate the establishment, operation and maintenance of any
entertainment or amusement facility, including the theatrical
performances, circuses, billiard halls, public dancing schools, public

19


8)

9)

dance halls, sauna baths, massage parlors, and other places for
entertainment or amusement; regulate such other events or activities
for amusement or entertainment, particularly those which tend to
disturb the community or annoy the inhabitants, or require the
suspension or suppression of the same; or prohibit certain forms of
amusement or entertainment in order to protect the social and moral
welfare of the community;

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

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

(e) 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:

1)

2)

3.)

4.)

Provide for the establishment, maintenance, protection and
conservation of communal forests and watersheds, tree parks and
greenbelts, and other similar forest development projects;
Establish markets, slaughterhouses or animal corrals and authorize
the operation thereof by the city government; and regulate the
construction and operation of private markets, talipapas or other
similar buildings and structures;
Regulate the preparation and sale of meat, poultry, fish, vegetables,
fruits, fresh dairy products, and other foodstuffs for public
consumption;
Regulate the use of streets, avenues, alleys, sidewalks, bridges,
parks and other public places and approve the construction,
improvement, repair and maintenance of the same; establish bus and
20


5)

6)

7)

8.)

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;
Regulate traffic on all streets and bridges, prohibit encroachments or
obstacles thereon and, when necessary in the interest of public
welfare, authorize the removal of encroachments and_ illegal
constructions in public places;
Subject to existing laws, establish and provide for the maintenance,
repair and operation of an efficient waterworks system to supply
water for the City’s inhabitants and to purify the source of the water
supply; regulate the construction, maintenance, repair and use of
hydrants, pumps, cisterns and reservoirs; protect the purity and 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;
Regulate the drilling and excavation of the ground for the laying of
water, gas, sewer and other pipes and the construction, repair and
maintenance of public drains, sewers, cesspools, tunnels and similar
structures; regulate the placing of poles and the use of crosswalks,
curbs and gutters; adopt measures to ensure public safety against
open canals, manholes, live wires and other similar hazards to life
and property; and regulate the construction and use of private water
closets, privies and other similar structures in buildings and homes;
Regulate the placing, stringing, attaching, installing, repair and
construction of all gas mains, electric telegraph and telephone wires,
21


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;

9.) 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;

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

11.) 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;

12.) 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;

13.) 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;

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

15.) Establish a city council for the elderly and senior citizens who shall
formulate policies and adopt measures mutually beneficial to the
elderly and to the community; provide incentives for nongovernmental

2


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

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

ARTICLE V
PROCESS OF LEGISLATION

Section 13. intemal Rules of Procedure. - (a) On the first regular session
following the election of its members and within ninety (90) days thereafter,
the Sangguniang Panlungsod shalll adopt or update its existing rules of procedure.

(b) The rules of procedure shalll provide for the following:

1.) The organization of the Sanggunian and the election of its officers as
well as the creation of standing committees which shall include the
committees on appropriations, revenues, engineering and public works,
education and health, women and family, human rights, youth and
sports development, environmental protection, peace and order and
traffic, and cooperatives; the general jurisdiction of each committee;
and the election of the chairperson and members of each committee;

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

3.) The legislative process;

4.) The parliamentary procedures which include the conduct of members
during sessions;

5.) The discipline of members for disorderly behavior and absences
without justifiable cause for four (4) consecutive sessions for which
they may be censured, reprimanded or excluded from the session,
suspended for not more than sixty(60) days or expelled: Provided, That
the penalty of suspension or expulsion shall require the concurrence of
at least two-thirds (2/3) vote of all the Sanggunian members: Provided,

23


further, That the member convicted by final judgment to imprisonment
of at least one (1) year for any crime involving moral turpitude shall be
automatically expelled from the Sanggunian; and

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

Section 14. Full Disclosure of Financial and Business Interests of
Sangguniang Panlungsod Members. - (a) Every Sangguniang Panlungsod member
shall, upon assumption to office, make a full disclosure of 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
24


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.

Section 15. Sessions. — (a) On the first day of the session immediately
following the election of its members, the Sangguniang Panlungsod shall, by
resolution, fix the day, time and place of its sessions. The minimum number of
regular sessions shall be once a week for the Sangguniang Panlungsod and twice a
month for the Sangguniang Barangay.

(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 a quorum, in the public interest or for reasons of security, decency or
morality. No two (2) sessions, regular or special, may be held in a single day.

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

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

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

Section 16.Quorum.— (a) A majority of all the members of
the Sanggunian who have been elected and qualified shall constitute a quorum to
25


transact official business. Should a question of quorum be raised during a session,
the presiding officer shall immediately proceed to calll the roll of the members and
thereafter announce the result.

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

Section 17. Approval of Ordinances.- (a) Every ordinance enacted by
the Sangguniang Panlungsod shall be presented to the City Mayor. If the City Mayor
approves the same, his or her signature shall be affixed on each and every page
thereof; otherwise, the ordinace shall be vetoed and return 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.

Section 18. Veto Power of the City Mayor. ~ (a) The City Mayor may veto any
ordinance of the Sangguniang Panlungsod on the ground that it is ultra vires or

prejudicial to the public welfare, stating the reasons thereof in writing.
26


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

(c) The City Mayor may veto 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.

Section 19. Review of City Ordinances by the Sangguniang Panlalawigan. —
(a) Within three (3) days after approval, the Secretary to the Sangguniang
Panlungsod shall forward to the Sangguniang Panlalawigan for review, copies of
approved ordinances and the resolutions approving the local development plans and
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 Panlalawigan shall examine the documents or transmit
them to the provincial attorney or the provincial prosecutor for prompt examination.
The provincial attorney or the provincial prosecutor shalll, 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 its decision.

(©) 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

27


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.

Section 20. 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 Panlungsodfails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall be deemed
approved.

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

Section 21. 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.

Section 22. 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
28


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
Section 23. 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

(9) The insane or feeble-minded.

29


Section 24. 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 Sanggunian members according to their ranking as
defined under the Local Government Code of 1991

(b) If a permanent vacancy occurs 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.

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

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

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

30


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

manner:

(a)

(b)

(c)

(d)

(e)

The Provincial Governor shall make the aforesaid appointments;

Only the nominee of the political party under which
the Sanggunian member concerned had been elected and whose
elevation to the position next higher in rank created the last vacancy in
the Sanggunian shall be appointed in the manner 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 concerned are conditions sine qua non, and any appointment
without such nomination and certification shall be null and void ab
initio and shall be a ground for administrative action against the official
responsible therefor;

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 in the vacancy; and

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.

31


Section 26. 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
reported 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.

(c) 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 concerned shall exercise in the
absence of the City Mayor, except the power to appoint, suspend or dismiss
employees.

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

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

32


ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY

Section 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
Polomolok, 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 shall take charge of the
office of the Sangguniang Panlungsod, and shall:

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

2.) Keep the seal of the City and affix it with 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.) Fumish, 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;

33


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

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

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

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

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

(c) The Secretary to the Sanggunian shall receive compensation, emoluments
and allowances as may be determined by law.

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

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

(c) No person shall be appointed City Treasurer unless one is a citizen of the
Philippines, a resident of the City of Polomolok, 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

34


and must have acquired experience in treasury or accounting service for at least five
(5) years.

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

(e) The City Treasurer shall take charge of the City Finance Department, and
shall:

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

2.

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

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;

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.

3,

4.

Section 29. The City Assessor. — (a) The City Assessor must be a citizen of
the Philippines, a resident of the City of Polomolok, 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.
35


(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)

2)

3)

4)

5)

6)

7)

8)

9.)

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

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;
Establish a systematic method of real property assessment;

Install and maintain real property identification and accounting
systems;

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

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

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

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

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

36


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 ordinace.

Section 30. The City Accountant. — (a) The City Accountant must be a citizen
of the Philippines, a resident of the City of Polomolok, of good moral character, a
certified public accountant and must have acquired experience in the treasury or

accounting service for at least 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.)
2)

3.)

4)

5.)

Install and maintain an internal audit system in the City;
Prepare and submit financial statements to the City Mayor and to
the Sangguniang Panlungsod;
Apprise the Sangguniang Panlungsod and other officials on the
tinancial condition and operations of the City;
Certify to the availability of budgetary allotment from which
expenditures and obligations may be properly charged;
Review supporting documents before the preparation of vouchers to
determine completeness of requirements;

37


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;

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

10.) Record and post in index cards details of purchased furnitures,
fixtures and equipment, including disposal thereof, if any;

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

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

13.) Perform 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.

Section 31. The City Budget Officer. ~ (a) The City Budget Officer must be a

citizen of the Philippines, a resident of the City of Polomolok, 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 receive compensation, emoluments and

allowances as may be determined by law.

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

and shall:

38


1)

2)

3.)

4)

5)
6)

7)

8)

9)

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

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

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

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

Submit periodic budgetary reports to the DBM;

Coordinate with the City Treasurer, the City Accountant and the City
Planning and Development officer for the purpose of budgeting;
Assist the Sangguniang Panlungsodin reviewing the approved
budgets of the component barangays;

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

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.

Section 32. The City Planning and Development Officer. - (a) The City
Planning and Development Officer must be a citizen of the Philippines, a resident of
the City of Polomolok, 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.

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

(©) The City Planning and Development Officer shall take charge of the City
Planning and Development Coordinating Office, and shall:

39


2)

3.)

4)

5)

6)

7)

8)

9)

Formulate integrated economic, social, physical and other
development plans and policies for the consideration of the City;
Conduct continuing studies, researchers and training programs
necessary to evolve plans and programs for implementation;

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

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

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

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

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

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.

Section 33. The City Engineer. - (a) The City Engineer must be a citizen of
the Philippines, a resident of the City of Polomolok, 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

40


1.) Initiate, review and recommend changes in policies and objectives,
plans and programs, techniques, procedures and practices in
infrastructure development and public works in general of the City;

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

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

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

5.) Perform 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.

Section 34. The City Health Officer. - (a) The City Health Officer must be a
citizen of the Philippines, a resident of the City of Polomolok, 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.

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

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

a


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:

i)

ii)

ili)

iv.)

v)

vi.)

vii.)

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

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

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

Recommend to the Sangguniang Panlungsod through the local
health board, the passage of ordinance as may be deemed
necessary for the preservation of public health;

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

Direct the sanitary inspection of all business establishments,
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 the Philippines;

Conduct health information campaigns and render health
intelligence services;

42


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

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

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.

Section 35. The City Civil Registrar. — (a) The City Civil Registrar must be a
citizen of the Philippines, a resident of the City of Polomolok, of good moral
character, a holder of a 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 Polomolok 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:
43


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

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

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

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

v.) Issue certified transcripts or copies of any certificate or registered
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

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

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.

Section 36. The City Administrator. - (a) The City Administrator must be a
citizen of the Philippines, a resident of the City of Polomolok, 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.

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

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

2.) Assist in the coordination of the work of all the officials of the City,
under the supervision, direction and control of the City Mayor and, for
this purpose, 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;

5.) 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

45,


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.

Section 37. The City Legal Officer. — (a) The City Legal Officer must be a
citizen of the Philippines, a resident of the City of Polomolok, of good moral
character, a member of the Philippine bar and must have practiced the profession for
at least five (5) years.

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

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

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

1.) Formulate measures for the consideration of the Sangguniang
Panlungsod and provide legal assistance and support to the City
Mayor in carrying out the delivery of basic services and 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 government unit or any official thereof, in his or her official
capacity, is a party: Provided, That in actions or proceedings where
the City of Polomolok 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;
46


4)

5)

6)

7)

8)

9)

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;

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

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, as the case may
be;

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

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;

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

10.) Recommend measures to the Sangguniang Panlungsod and advise

the City Mayor on all matters related to upholding the rule of law;

11.) Be in the frontline of protecting human rights and prosecuting any

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 law or ordinance.

Section 38. The City Social Welfare and Development Officer. — (a) The City
Social Welfare and Development Officer must be a citizen of the Philippines, a
resident of the City of Polomolok, of good moral character, a licensed social worker

47


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 shalll take charge of the
Office of the Social Welfare and Development, and shall:

1.) Formulate measures for the approval of the Sangguniang

2.

3.)

4,

5.

6.

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

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

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

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

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

Facilitate the implementation of welfare programs for the disabled,
elderly and victims of drug addiction, the rehabilitation of prisoners

48


and parolees, the prevention of juvenile delinquency and such other
activities which would eliminate and minimize the ill-effects of poverty;
Initiate and support youth welfare programs that will enhance the role
of the youth in nation building;
Coordinate with the government agencies and nongovernmental
organizations which have for their purpose the promotion and the
protection of all the needy, disadvantaged, underprivileged or
impoverished groups or individuals, particularly those identified to be
vulnerable and high risk to exploitation, abuse and neglect;
Be in the frontline of the delivery of services particularly those which
have to do with the immediate relief and assistance during and in the
aftermath of man-made and natural disasters or calamities;
10.)Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all other matters related to social welfare and development
services which will improve the livelihood and the living conditions of
the City’s inhabitants; and
11.) 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.

7,

8.

9.

Section 39. The City Veterinarian. —(a) The City Veterinarian must be a
citizen of the Philippines, a resident of the City of Polomolok, of good moral
character, a licensed Doctor of Veterinary Medicine and must have practiced the
profession for at least three (3) years.

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

(©) 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
49


2)

3.)

4)
5)

6)
7)

8)

9)

10.)

Mayor in carrying out measures to ensure the delivery of basic
services and the provision of adequate facilities;

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;

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

Regulate the keeping of domestic animals;

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

Enforce all laws for the prevention of cruelty to animals;

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

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;

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

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.

Section 40. The City General Services Officer.— (a) The City General
Services Officer must be a citizen of the Philippines, a resident of the City of
Polomolok, of good moral character, a holder of a college degree in public

50


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.

(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;

3.) Take custody of and be accountable for all properties, real or
personal, owned by the City and those granted to it in the form of
donation, reparation, assistance and counterpart of joint projects;

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

5.) Recommend to the City Mayor 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
telated services in all local government public buildings and other real
property, whether owned or leased by the local government unit;

51


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

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

9.) 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

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.

Section 41. The City Environment and Natural Resources Officer. — (a) The
City Environment and Natural Resources Officer must be a citizen of the Philippines,
a resident of the City of Polomolok, 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 utilization 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:

52


1)

2)

3)

4)

5.)

6)

7)

8)

9.)

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;
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;
Establish, maintain, protect and preserve communal forests,
watersheds, tree parks, mangroves, greenbelts and similar forest
projects and commercial forests, like industrial tree farms and agro-
forestry projects;
Provide extension services to beneficiaries of forest development
projects and technical, financial and infrastructure assistance;
Manage and maintain seed banks and produce seedlings for forest
and tree parks;
Provide extension services to beneficiaries of forest development
projects and render assistance for natural resources-related
conservation and utilization activities consistent with ecological
balance;
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);
Be in the frontline of the delivery of services concerning the
environment and natural resources, particularly in the renewal and
rehabilitation of the environment during and in the aftermath of man-
made and natural disasters or calamities;
Recommend measures to the Sangguniang Panlungsod and advise
the City Mayor on all matters relative to the protection, conservation,
53


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.

Section 42. The City Architect. - (a) The City Architect must be a citizen of
the Philippines, a resident of the City of Polomolok, 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:

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

2.) Develop plans and strategies and, upon approval thereof by the City
Mayor, implement 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 government unit or a part
thereof, including the renewal of slums and blighted areas, land
reclamation activities, the greening of land and appropriate planning
of marine and foreshore areas;

4.) Review and recommend for appropriate action of the Sanggunian or
the City Mayor, as the case may be, the architectural plans and

54


5)

6)

7)

8)

designs submitted by governmental and nongovernmental entities or
individuals, particularly those for undeveloped and poorly designed
areas;

Coordinate with government and nongovernment 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;

Be in the frontline of the delivery of services involving architectural
planning and design, particularly those related to the redesigning of
spatial distribution of basic facilities and physical structures during
and in the aftermath of man-made and natural disasters or calamities;
Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all other matters relative to architectural planning and
design as it relates to the total socioeconomic development of the
City; and

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.

Section 43. The City Information Officer. — (a) The City Information Officer
must be a citizen of the Philippines, a resident of the City of Polomolok, 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 research 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.

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

1)

2)

3)

4)

5.)

6)

7)

Formulate measures for the consideration of the Sangguniang
Panlungsod and provide technical assistance and support to the City
Mayor in providing the information and research data required for the
delivery of basic services and the provision of adequate facilities so
that the public becomes aware of said services and may fully avail of
the same;
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;
Provide relevant, adequate and timely information to the local
government unit and its residents;
Furnish 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;
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;
Be in the frontline in providing information during and in the aftermath
of man-made and natural disasters or calamities, with special
attention to the victims thereof, to help minimize injuries and
casualties during and after the emergency, and to accelerate relief
and rehabilitation;
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

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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.

Section 44. The City Cooperatives Officer.— (a) The City Cooperatives
Officer must be a citizen of the Philippines, a resident of the City of Polomolok, 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 with the integration of cooperatives
principles and methods in programs and projects which the City
Mayor is empowered to implement and which the Sangguniang
Panlungsod is empowered to provide;

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;

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5.) Assist cooperatives in establishing linkages with government
agencies and nongovemmental 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 necessary, subsequent rehabilitation;

7.) Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all other matters relative to cooperatives development and
viability enhancement which will improve the livelihood and 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.

Section 45. The City Population Officer. — (a) The City Population Officer
must be a citizen of the Philippines, a resident of the City of Polomolok, 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 receive compensation, emoluments and

allowances as may be determined by law.

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

1.) Formulate measures for the consideration of the Sangguniang
Panlungsod and provide technical assistance and support to the City
Mayor in carrying out measures to ensure the delivery of basic

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2)

3.)

4)

5)

6.)

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;

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;

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

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

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

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.

Section 48. The City Agriculturist. - (a) The City Agriculturist must be a
citizen of the Philippines, a resident of the City of Polomolok, of good moral
character, a holder of a college degree preferably 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.

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

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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 to the foregoing duties and functions, the City Agriculturist
shall:

i.) Ensure that maximum assistance and access to resources in the
production, processing and marketing of agricultural, aquacultural
and marine products are extended to farmers, fishermen and local
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
Tesearch on crops, prevention and control of plant diseases and
pests, and other agricultural matters which will maximize
productivity;

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

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

v.) Coordinate with government agencies and nongovernmental
organizations in the promotion of agricultural productivity through
applied technology compatible with environment integrity.

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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;

5.) Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all other matters related to agriculture and aquaculture
which will improve the livelihood and 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 Vili
THE CITY FIRE STATION SERVICE,
THE CITY JAIL SERVICE, THE CITY SCHOOLS DIVISION,
AND THE CITY PROSECUTION SERVICE

Section 47. 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 safety of life and
property of the citizenry.

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Section 48. 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.

(b) 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
rights of prisoners are respected and protected, and their spiritual and physical well-
being are property and promptly attended to.

Section 49. 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 Polomolok whose area of jurisdiction will cover all the schoo! 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.

Section 50. The City Prosecution Service. — (a) There shall be established in
the City, a City Prosecution Service to be headed by a City Prosecutor and such
number of assistant city prosecutors, as may be necessary, who shall be
organizationally part of the Department of Justice (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.

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

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

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

Section 51. Municipal Ordinances Existing at the Time of the Approval of this
Act. — All municipal ordinances of the Municipality of Polomolok existing at the time
of the approval of this Act shall continue to be in force within the City of Polomolok
until the Sangguniang Panlungsod shall deciare otherwise.

Section 52. Plebiscite.- The City of Polomolok 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
Polomolok within ninety (90) days from the approval of this Act.

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

Section 53. Officials of the City of Polomolok. — The present elective officials
of the Municipality of Polomolok 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

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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 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 Polomolok.

Section 54. Succession Clause. — The City of Polomolok shall succeed to all
the assets, properties, liabilities and obligations of the Municiaplity of Polomolok.

Section 55. Election of Provincial Govemor and Sangguniang Panlalawigan
Members of the Province of South Cotabato. - The qualified voters of the City of
Polomolok shall be qualified to vote or run for any elective position in the elections
for Provincial Governor, Provincial Vice-Governor, Sangguniang
Panlalawigan members and other elective officials for the Province of South
Cotabato.

Section 56. Jurisdiction of the Province of South Cotabato. - The City of
Polomolok shall, unless otherwise provided by law, continue to be under the
jurisdiction of the Province of South Cotabato.

Section 57. Suspension of Increase in Rates of Local Taxes. — No increase
in the rates of local taxes shall be imposed by the City within the period of five (5)
years from its acquisition of corporate existence.

Section 58. Legislative District. — Until otherwise provided by law, the City of
Polomolok shall continue to be a part of the First Legislative District of the Province
of South Cotabato.

Section 59. Applicability of Laws. — The provisions of the Local Government
Code of 1991, and other laws pertaining to the Province of South Cotabato and such
laws as are applicable to component cities shall govern the City of Polomolok insofar

as they are not inconsistent with the provisions of this Act.
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Section 60. Separability Clause. — If, for any reason or reasons, any part or
provision of this Charter shall be held unconstitutional, invalid or inconsistent with the
Local Government Code of 1991, as amended, the other parts or provisions hereof
which are not affected shall continue to be in full force and effect.

Section 61. Repealing Clause. - All laws, decrees, rules and regulations or
part or parts thereof inconsistent with the provisions of this Act are hereby repealed,

amended or modified accordingly.

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

Approved,

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