Republic of the Philippines F
HOUSE OF REPRESENTATIVES | //<"
Quezon City ;

NINETEENTH CONGRESS
First Regular Session

Howse wit No, 3116

Introduced by REPRESENTATIVE NOEL “BONG” N. RIVE!

EXPLANATORY NOTE

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

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

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

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

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

The conversion of the Municipality of Capas into a component city, and the accruing benefits from
such conversion, will certainly enable the local government to effectively and adequately respond to the
requirements of Capas residents, With more resources a city, the local govemment’s capability to sustain

its momenturh for growth and progress will be enhanced.

‘This pill therefore secks to convert the Municipality of Capas into a component city Sf the Province
of Tarlac as|u concrete gesture to the growing clamor of the people, and officials of the Municipal
Government of Capas, and to the favorable endorsement made by the Sangguniang Pantalawigan of the
Province of Tarlac through Sanggunian Panlatawigan Resolution No. 195-2020.

‘The foregoing reasons warrant the immediate approval qf this bill.

NOEL “BONG N. RIVERA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No, 3116

a ee
Introduced by REPRESENTATIVE NOEL “BONG” N. RIVERA

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

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

ARTICLE
GENERAL PROVISIONS
SECTION 1. Title - This Act shall be known as the "Charter of the City of Capes."

SEC. (2. The City of Capas ~The Municipality of Capas shall be converted into a component city 10 be
known as the City of Capas, hereinafter referred to as the City, which shall comprise the present jurisdiction of the
‘Municipality of Capas, Province of Tarlac

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

‘The foregoing provision shall be without prejudice to the resolution by the appropriate agency oF forum of
existing boundary disputes or cases involving questions of territorial jurisdiction between the City of Capas and the
adjoining local|yovernment units (LGUs): Provided. tat, the (eritoria! jurisdiction of the disputed area or areas shall
remain with the local government unit, which has existing administrative supervision over said ares or areas until the
final resolution of the case.

SEC. 3. Corporate Powers of the City ~ The City constitutes # political body corporate and as such is
endowed with the atzributes of perpetual succession and possessed of the powers which pertains to & municipal
corporation 19 be exercised in confocmity with the provision of this Charter. The City shall have the following corporate
powers:

{a) Ta have a continuous succession in its corporate name;

{(b) Te size snd be sued;

(c) To have and use a corporate seal;

{(d) To soquire, hold and convey real or personal property,

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

{0 Tolexercise such other powers, prerogatives or authority subject to the limitations provided under Republic
Act No. 7160, otherwise known as the Local Government Code of 1991, as amended, this Act or laws,

SEC. 4. General Powers ~ The City shail have 8 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, t0 take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general
interests of the! City; to expropriate or conden: private propesty for public use; to contract and be contracted with, 10
suc and be sued. to prosecute and defend o final judgment and execution suits wherein the City is involved or interested
in; and to exerdise all the powers as are granted to corporations or as hereinafter granted

SEC. S. General Welfare Clause of the City ~The City shal) exercise the powers expressly granted. those
necessarily thereftom, as well as powers necessary, appropriate or incidental for its efficient and effective
‘governance, ard those which are essential to the promotion of the general welfare,

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

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


SEC. 7. Jurisdiction of the City ~ The jurisdiction of the City, for police purposes only, shall be coextensive
\with its territorial jurisdiction and for the purpose of protecting and ensuting the purity of the water supply of the City.
such police jurisdiction shall algo extend over all the territory within the drainage area of such water supply, or within
‘one hundred meters (100 m.} of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the
city water service

‘The city court of the City of Capes and the city or municipal courts of the udjoining cities and municipalities
sball have concurrent jurisdiction to try crimes and misdemennors committed within the said drainage area o¢ areas
‘within said spapes of one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used
in connection with the City water service delivery,

‘The court first taking jurisdiction of such offense an offense shall have 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 zone, area or
space. Any license that may be issued within suid zone, area or space shall be granted by the proper authorities of the
city or municipality concerned, and the Fees arising therefiom shall accrue 1 the treasury of the said city or municipality
‘concerned and pot to the City

ARTICLE IL
CITY OFFICIALS IN GENERAL

SEC, 8. The Officials of the City of Copas ~(a) There shall ve in the City of Capas: 4 City Mayor, a City
‘Vice Mayor, Sanzenniang Panlurgesod members, & secretary to the Sangguniang Ponlurngvor. a sity treasurer and an
assistant city treasurer, a city assessor and an assistant city assessor, a city accoustant, a city budget officer, a city
planning and development officer, a city engineer, a city health officer, a city civil registrar, 8 city administrator, a city
‘egal officer, a city social welfare and development officer, a city veterinarian and u city general services officer

{(b) Lojaddition thereto, the City Mayor may appoint a city environment and natural resources officer.
information officer, a city cooperatives officer, # city population officer and a city agricalturist,

(0) The Sanggenmiang Pamungsod may

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

(2} Create such other offices as may be necessary to carry out the purposes of the city government,
or

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

{) 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 Sangenniange Panlunresod members, subject to civil service law, roles
‘and regulations, The Samgeuntamg Parlungyad shall act on the appointment within fifteen (15) days from the day of
its submission, otherwise the same shall be deemed confirmed.

(0) Elective and appointive city officials shall receive compensation, allowances and other emoluments 2
may be determined by law or ordinances, subject to the budgetary limitations on personal services prescribed under
Title Five, If of the Local Government Code of 1991, as amended: Provided. That 0 increase in the
‘compensation pf the City Mayor, City Vice Mayor and the Sagenmuang Panlungsod member shall take effect until
after the expiration of the fll term of the local officials approving the increase

ARTICLE IL
THE CITY MAYOR AND CITY VICE MAYOR

SEC.9. The City Mayor ~ {a} The City Mayor shall be the chief executive of the City and shall be elected at
large by the qualified voters of the City.

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

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

{(b) The City Mayor, a5 the Chief Executive of the City Government, shall exercise such powers and perform
‘uch duties and functions as provided under the Local Government Code of 1991, as amended, this Act and other laws

(c} For efficient, effective and economical governance the purpose of which is the general welfare of the City
and its inhabitqers, the City Mayor shall

(1) Exercise general supervision ard control over all programs, projects, seevices, and activities of
the city government and, in this connection, shall



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Determine the guidelines of city policies and be responsible to the Sangguniang
Panshungsod 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 Saongaraamg Passlumgesext,
implement the same,

Present the program of government and propose policies and projects for the
consideration of the Saniggnmiang Panturesixd at the opening of the regular session
of the Sangrewniaeng Hantunyseat every calendar yeat and ¢s often as may be deomed
necessary as the general welfare of the inhabitants and the needs of the city
government may require;

Initiate and propose legislative measures to the Samggwmang Pankungsexd and as
often as may be deemed necessary, provide such information and data needed or
requested by said Siangeuniang in the performance of its legislative functions;
Appoint all officials and employees whose salaries and wages are wholly or mainly
aid out of city flinds and whose appointments are not otherwise provided under the
Local Government Code of 1991, as amended, and this Act, and those whose
appointment the City Mayor may be authorized by Law to appoint,

Represent the City in all its business transactions ard sign in its behalf all bonds,
contracts, obligations. and such other documents upon the authority of the
Sanggemiang Paniungsod o« pursuant to law or ordinance,

Carry out such emergency measures as may be necessay 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 ofthe officials
and employees of the City, in accordance with law of ordinance;

Allocate and assign office space to the City and other officials and employees who,
by law oF ordinance, are entitled to such space in the city hall and other buildings
owned of leased by the city goverament.

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 liave committed an offense in
the performance of official duties;

Examine the books, records and other documents of all offices, officials, agents or
employees of the City and, in aid of the executive powers and authority of the City
Mayor, require all national officials and employees stationed in of assigned to the
City 10 make available such books, records and other documents in their custody
except those classified by law as confident
Fumish copies of executive orders issued by the City Mayor to the office of the
provincial governor within seventy-two (72) hours after their issuance,

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

Act on leave applications of appointed officials and employees on the commutation
of the monetary value of their leave credits in accordance with law,

Authorize officia! 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 1994, 1s amended:
Cail upon any national official or employee stationed in or assigned to the Cty for
advice on matters affecting the City and to make recommendations thereon;
coordinate with said officials and employees in the formulation and the
implementation of plans, programs and projects; and when appropriate, initiate an
administrative or judicial action agninst a national government official or employee
who may have committed an offense in the performance of the official duties white
stationed in oF assigned to the City,

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

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

(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding,
(xix) Conduct an annual Palarong Pantuirgsod which shall feature traditional sports and

i)

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

Submit to the provinetal goveenor the following reports: an annual report containing
4 summary of all matters pettinent to the management, administration and
development of the City and all information and data relative to its political, soci
and economic conditions; supplemental reports when unexpected events and
situations arise at any time during the year. particularly when man-made or natural
disasters or calamities affect the genecs! welfure of the City

(2) Enforce all laws and oedingnces relative to the governance of the City and in the exercise of its

25 well as implement all approved policies, programs, projects, services and activities of



43) Ensure thai the acts of the City’s component barangays and of its officials und
employees are within the scope of their prescribed powers, duties and functions.

(ii) Cail conventions, conferences, seminars or meetings of elective or appointive officials

of the City, including provincial and national officials and employees stationed in or

assigned to the City, at such time and place and on such subject one may deem
important for the promotion of the generat welfare of the local government unit and
its inhabitants,

Issue such executive orders forthe fuithful and appropriate enforcement and execution

of laws and ordinances,

Be entitled to carry the necessary firearms within the temtorial jurisdiction of the

City,

(v) Actas the deputized representative of the National Police Commission, formulate the
‘peace and order plan of the City. upon its approval, implement the same; and as such,
‘exercise general and operational control and supervision over the police forces in the
City in aceordance with Republic Act No. 6975, otherwise known asthe “Department
of the Interior and Local Goverment Act of (9907; and,

(vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless
violence, rebellion or sedition, or appcchend violators of the law when public interest
‘0 requires and the city police forces are inadequate to cope with the situation o¢ the
violators.

(3) Initiate and masimize the generation of resources and revenues and apply the same to the
implementation of development plans, program objectives and priorities. particularly the resources and
revenues programmed for agro-industrial development and countryside growth and progress, and relative
‘hereto, shall

(i) Requice each head of an office or department to prepare and submit an estimate of
appropriations for the ensuing calendar year, in accordance with the budget
preparation process enshrined under the Local Government Code af 1991,

(ii) Prepare and submit to the Samggunicng for appeoval the executive and supplemental
budgets of the City for the ensuing calendar year in the manner provided for under the
Local Government Code of 1991, as amended:

{iii). Ensure that all axes and other revenues af the City are collected and that city funds
are applic to the payment of expenses and settlement of obligations of the City, in
accordance with law or ordinance:

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

(%) Issue permits without need of approval therefor fom any national agency, for the
holding of activities for any charitable or welfare purpose, excluding prohibited games
‘of chance or shows contrary to law, public policy and public morals,

(vi). Require owners of illegally constructed houses, buildings or other structures to obtain
the necessary permits. subject to such fines and penalties as may be imposed by faw
‘or ordinance, of to make necessary changes in the Construction of the same when said
construction violates any law of ordinance, oF 10 order the demolition or removal of
said house, building or structure within the period prescribed by law or ordinance:

(vil) Adopt adequate measures to safeguard and conserve land, mineral, forest, marine

and other resources of the City;

(stii) Provide efficient and effective property and supply management in the city. and

protect the funds, credits, rights and other properties of the City; and

{ix) Institute or cause to be instituted administrative or judicial proceedings for violation

of ordinances in the collection of taxes, fees or charges, and for the recovery of funds
‘and property, and cause the City to be defended against all suits to ensure that its
interests, resources and rights shall be adequately protected.

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

3) 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 coocdination with the construction and repair of the roads and bridges of the
City and of the province; and,

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

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

(4) The City Mayor stall hold office in the City Hall

SEC.,10, The City Vice Mayor ~ (a) Thee 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 us the City Mayor. The
City Vice Mayor shall hold office for three (5) years, unless sooner removed, and shall receive a monthly compensation
‘corresponding to salary grade twenty-six (26) as prescribed under the "Compensation and Posttton Classification Act


of 1989", and the implementing guidelines issued pursuant thereto, and such other compensation, emoluments and
allowances as thay be determined by law

{b) The City Vice Mayor shall exercise the following duties

(1) Act as presiding officer of the Samggunang Pantungsod and sign all warrants drawn on the
City ‘Treasury for all expenditures appropriated foe the operation of the Sevggguuiang
Pantungsent,

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

(3) Assume the office of the City Mayor for the unexpired term of the latter in the event of
permanent vacancy as provided under the Local Government Code of 199), as amended;

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

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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD.

SEC. 11. Composition ~ (a) The Sanigzuniang Panlungsed, the legislative body of the City, shall be
composed of the City Vice Mayor as the presiding officer, ten (10) regular Sangaruniame members, the President of the
city chapter of the Liga ng myo Barangay, the President of the Harhagesad na Pederasyon mg rg Sanszeuniante
Kabeucan and the three (3) sectoral representatives from the following sectors, as members: one (1) from the women
sector, and, as shall be determined by the Sayzgnmiane Pantungsad within ninety (90) days prior to the holding of the
local elections, lone (1) from the azricultural or industrial workers sector; and one (1) om the other sectors, inch
the urban poor, indigenous cultural communities, or persons with disabilities (PWDs).

(8) The regular members of the Sawyggnaviangg Panlunegsod and the sectoral representatives shall be elected in

the manner as may be provided for by law.

(© The members of the Sangguniang Pandurgsod shall receive & minimum monthly compensation

corresponding to Salary Grade Twenty-Five (SG-25) as prescribed under the “Compensation and
Position Classsfication Act of 1989", as amended, and the implementing guidelines issued pursuant
thereto

Sec. 12. Powers, Duties, Functions and Compensation —(a) The Sangguniang Paniungsad, as the legislative
body of the Cit, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the City
‘and its inhabitants pursuant to Section 16 of the Local Government Code of 1991. as amended, and in the proper
exercise of the fe powers of the City as provided under Section 22 of the Local Government Code, as amended,
and shall

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

i. Review all ordinances approved by the Sarpyruniany Barangay and executive orders
issued by the Panurge Barangay to determine whether these are within the scope of the
prescribed powers of the Sangguniang Rarangey and of the Panes Barangay,

ji, Maintain peace and order by enacting measures to prevent and suppress lawlessness,
disorder, not, violence, rebellion or sedition and impose penalties For the violation of
said ordinances,

iii, Approve ordinances imposing a fine not exceeding Five thousand pesos (PS,000) or an
imprisonment for a pesiod nat exceeding one (1) yeer, of both at the discretion of the
court, for violation of a city ordinance,

jv. Adopt measures to protect the inhabitants of the City from the harmful effects of man
made or natural disasters and calamities, and to provide relief services and assistance
for victims during an in the afleemath of said disasters or calamities and ia their retum
to productive livelihood following said events,

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

vi Protect the environment. To this end, it may set aside, at least, ten percent (10%) ofits
development funds for the purpose of maintaining and enhancing the ecological
balance of the City. It mey also impose appropriate penalties for acts which endanger
the environment, such as dynamite fishing and other forms of destructive fishing,
illegal logging, smuggling of logs, smuggling of natural resources products and of
endangered species of flora and fauna, slash-and-burn farming and such other activities
which result in pollution, acceleration of siltation of rivers and takes or of ecological
imbalance,



viii

ix

xi

xi

wilt

Subject to the provisions of the Local Government Code of 199) and the pertinent
laws, determine the powers and duties of officials and employees of the City,
Consistent with the Salary Standardization Law, determine the positions and the
salaries, wages, allowances and other emoluments and benefits of officials and
employees paid wholly or mainly from city funds and provide for expenditures
necessary for the proper conduct of programs, projects, services and activities of the
city government,

‘Authorize the payment of compensation to a qualified person ot in the government
service who fills up a temporary vacancy or grant honoraritn to any qualified official
cor employee designated to fill a temporary vacancy in a concurrent capacity atthe rate
authorized by la

Provide a mechanism and the appropriate funds therefor, to ensure the safety and
protection of all city government property, public documents. or records such as those
relating to property inventory, land ownersbip, record of births, marriayes, 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 officials stationed in or assigned tothe City,

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

Provide for aroup insurance or additional insurance coverage forall barangay officials,
including members of barangay’ tanod brigades and other service units, with public oF
private insurance companies, when the finances of the city government allow said
coverage

(2) Generate and maxtmize the use of resources and revenues for the development plans, program
objectives and priorities of the City, as provided under the Local Government Code of 1991, as amended,
with purticular attention to agro-industnial development and city-wide growth and progress, and relative

thereto, shall

iv.

Approve the anaual and supplemental budgets of the city government and appropriate
fands for specific programs, projects, services and activities of the City, or for other
paposes not contrary to law in order to promote the general welfare of the City and its
inhabitants,

Subject to the provisions of Book 1 of the Local Government Code of 1991, as
amended, ard applicable laws and upon the mjority vote of all the members of the
‘Sarngiouniangg Panlungsce, enact ordinance tevying taxes, fees and charges, prescribing,
the rates thereof for general and specific purposes and granting tax exemptions,
incentives or reliefs.

Subject 10 the provisions of Book II of the Local Govemment Code of 1991, as
amended, and pon the majority vote of all the members of the Samaguniaong
‘Panhungsod. authorize the City Mayor to negotiate and contract losns and other forms
of indebtedness:

Subject to the provisions of Book Il of the Local Goverment Code of 1991, as
amended, and applicable laws and upon the majority vote of all the members of the
‘Swugennicarg Ponfungsod, enact ordinances authorizing the floating of bonds or other
instraments of indebtedness, for the purpose of raising finds to finance development
projects,

‘Appropriate funds for the construction and maintenance or the rental of buildings for
the use of the City, and, upon the majority vote of all the members of the Sangenniang
Panhoegsed!, authorize the City Mayor ta lease 10 private parties such public buildings
held in a proprictary capacity. subject to existing laws, rules and regulations;
Prescribe reasonable limits and restraints on the use of propecty within the jurisiction
of the City:

[Adopt a comprehensive land use plan for the City Pravidid, That the formulation,
sdoption of modification of said plan shall be in coordination within 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 ordinance in consonance with the approved compreheasive
land use plan, subject to existing laws, rules and regulations: establish fire limits o¢
zones, pacticularly in populous centers, and regulate the construction, repair or
modification of buildings within said fire limits or zones in accordance with the
provisions of the Fire Code of the Philippines,

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 ofa national agency or office is required,
said approval shall not be withheld for more than thirty (30) days from receipt of the



application, Failure to act on the application within the period stated above shall be
deemed as approval thereof,

xi Subject to the provisions Of Book 11 of the Local Government Code of 1991, as
amended, grant the exclusive privilege of constructing fish corrals or fish pens, oF the
taking or catching of milk fish try, prawn fry or kawag-kawag, oF fry of any species of
fish within the city waters;

xii With the concurrence of atleast two-thirds (25) ofall the members ofthe Scvggomiamg

Ponlungsad, grant tax exemptions, incentives or reliefs to entities engaged in

‘community growth-inducing industries, subject 10 the provisions of the Local

Government Code of 1991, as amended;

‘Grant loans o€ provides granis to other local government waits or to national, provincial

and city chartable, benevolent or educstional institutions: Prowided, that ssid

institutions are operated and maintained within the City,

xiv Regulate the numbering of residential, commercial and other buildings: and

xv. Regulate the inspection, weighing and measuring of articles of commerce.

(3) Subject to the provisions of the Local Government Code of 1991, as amended, enact ordinances
ranting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such
purposes intended to promote the general welfare ofthe inhabitants of the City and pursuant to this legislative

i i. Fix and impose reasonable fees and charges for all services rendered by the city
‘government lo private persons or entities,

Ji, Regulate or fix license fees for any business or practice of profession within the City '
and the conditions under which the license for stid business or practice of profession
may be revoked and enact ordinances levying taxes thereon:

iii, 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,

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

¥. Any law to the contrary notwithstanding, authorize and license the establishment,
‘operation and maintenance of cockpits, and regulate cockfighting and commercial
breeding of yamecocks. Provided, that existing rights should not be prejudiced;

vi Subject to the guidelines prescribed by the Departmen of Transporation (DOT®),
tegulate the operation of tricycles and grant franchises for the operation thereof withia
the territorial jurisdiction of the City, and

vil Upon approval by @ majority vote ofall the members of the Sanggameicteg Pantungsed.

‘grant a franchise to any person, partnership, corporation or cooperative to do business

‘within the City, establish, construct, operate and mainiain fervies, wharves, markets or

slaughterhouses; or undertake such other activities within the City as may be allowed

H by existing laws. Provided, that cooperatives shall be given preference in the grant of
such a franchise

|G) Regulate activities relative to the use of land, buildings and structures within the City in order
© re the general welfare and for said purpose, shall:

Declare, prevent or abate any nuisance,
With the concurrence of the majority of the members of the Sanzzantane Paulusrgsox,
# quorum being present, deny the entry of legalized gambling by ordinance imo any
part of the City or regulate its location in the City,
Require that buildings and the premises thereof and any land within the City be kept
and maintained in a sanitary condition; impose penalties for any violation thereof, oF
‘upon failure to comply with said requirement, have the work done at the expense of the
‘owner, administrator oF tenant concemed require the filling up of any land or premises
to a grade necessary for proper sanitation,
iv. Regulate the disposal of ctinical and other wastes from hospitals. clinies and oxher
similar establishments; |
¥. Regulate the establishment, operation and maintenance of cafes, restaurants.
beerhouses, hotels, motels, inns, pension houses, lodging houses and other similar
establishments, including tourist guides end transports,
vi Regulate the sale, siving away or dispensing of any intoxicating malt, wine, mixed or
fermented liquors at any retail outlets,
Vii Regulate the establishment and provide for the inspection of steam boilers or any
heating device in buildings and the storage of inflammable and highly combustible
materials within the City,
Regulate the establishment, operation and maintenance of any entertainment o¢
amusement facilities, including the theatrical performances. circuses, billiard halls,
public dancing schools, public dance halls, suns baths, massage parlors and other
places for entertainment or amusement, regulate such other events or activities for
amusement or enterainment, particularly those which tend to disturb the community
for annoy the inkabitants, or requice the suspension or suppression of the same. oF



and

prohibit certain forms of amusement or entertainment in order to protect the social and
moral welfare of the community,
ix. Regulate the establishment, operation and maintenance of funeral parlors and the burial
‘or cremation of the dead. subject to existing laws, rules and regulations, and
Provide for the impounding of siray 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 10 prevent and penalize cruelty to animals.

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

services and facilities, shall

i. Provide for the establishment, maintenance, protection and conservation of communal
forest and watersheds, tree parks, yreenbelts, mangroves and other similar forest
development projects,

ji Establish markets, slaughterhouses or anima! corrals and authorize the operation

thereof by the city government; and regulate the construction and operation of private

smarkets, les markets or any other similar buildings and structures,

‘Authorize the establishment, maintenance and operation by the city goverament of

ferries, wharves, and other structures intended to accelerate productivity related 10

marine and seashore or offshore activities in the preservation thereof,

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

v. Requlate the use of streets, avermes, alleys, sidewalks, bridges, parks and other public
places and approve the construction, improvement, repair and maintenance of the
same, establish bus and vehicle stops and terminals or regulate the use of the same by
privately-owned vehicles which serve the public; regulate garages and operation of
conveyances for hire; designate stands 10 be occupied by public vehicles when not in
use, regulate the putting up of signs, signposts, awnings and awning posts on the
streets. and provide for the lighting. cleaning and sprinkling of streets and public
places;

vi Regulate 1raffic on all streets and bridges, prohibit encroachments or obstacles thereon
‘and, when necessary in the interest of public welfire, authorize the removal of
‘encroachments and illegal constructions in public places,

vii Subject to existing laws, establish and provide for the maintenance, repair and
operation of an efficient waterworks system to supply water for the City's inhabitants
and to purify the source of the water supply; regulate the construction, maintenance,
repair and use of hydrants, pumps, cisterns and reservoirs, protect the purity and
quantity of the water supply of the City and, for this purpose, exiend the coverage of
‘appropriate ordinances over all teritorses within the drainage area of said water supply
and within one hundred meters (100 m_) of the reservoir. canal, conduit, aqueduct,
pumping station or watershed used in connection with the water service; and regulate
the consumption. use or wastage of water and fix and collect charges therefore,

‘vii 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,
ccesspools, tunnels and similar structures, regulate the placing of poles and the use of
crosswalks, curbs and gutters; adopt measures 10 ensure public safety against opes
canals, manholes, live wices and other similar hazards to life and property, and regulate
the construction and use of private water closets, privies and other simiJar structures in
buildings and homes,

ix. Regulate the placing, stringing, attaching, installing, repair and construction of all gas
‘mains, electeic telegraph and telephone wires, conduits, meters and other apparatus,
land provide for the correction, condemnation or removal of the same when found to be
dangerous to the welfare ofthe inhabitants,

x. Subject to the eveilability of funds and the existing iaws, rufes and regulations,
‘establish and provide for the operation of vocational and technical schools and similar
post-secondary institutions and, with the Technical Education and Skills Development
Authority (TESDA), as the case may be, and subject to existing laws on tuition fees,
fix and collect reasonable tuition fees and other schoo} charges in educational
institutions supported by the city government,

xi, Establish # scholarship fund for poor but deserving students in schools located within
its jurisdiction or for students residing within the City,

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

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

xiv. Provide for the care of persons with disabilities (PWDs), pauper, the elderly, the sick,
persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents,
abused children and the youth below cighteen (18) years of age, and subject to
‘availability of funds, establish and provide for the operation of centers and facilities
for the said needy and disadvantaged persons.



xy. Establish and provide for the maintenance and improvement of jails and detention
‘centers, institute a sound jail management program, and appropriate funds for the
subsistence of detainees and convicted prisoners in the City,
xvi Establish a city council whose purpose is the promotion of culture and the arts,
‘coordinate with government agencies and non-governmental organizations end, subject
to the availability of finds, appropriate funds for the support and development of the
samme, and
Establish a city council for the elderly and senior citizens which shalt formulate
policies and adopt measures mutually beneficial to the elderly and to the community,
provide incemives for nongovemmental agencies and entities and, subject 10 the
availability of funds. appropriate funds to support programs and projects for the benefit
of the elderly

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

ARTICLE V
PROCESS OF LEGISLATION

SEC. 13, Intermal Rules of Procedure —(a} On the first regular session following the election of its members
and within ninety (90) days thereafter, the Scorgxueane Paniungxt shall adopt of update its existing rules of
procedure |

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

(1) The organization of the Samggasiang and the election of its officers as well as the creation of
standing committees which shall include the committees on Appropriations, Revenues,
Engineering and Public Works, Education and Health, Women and Family, Human Rights.
‘Youth and Sports Development, Environmental Protection, Peace and Order and Traffic, and
Cooperatives: the general jurisdiction of each committee, and the election of the chairman and
members of each committee,

(2) ‘The order and calendar of business for each session,

(3) The legislative process,

(4) The parliamentary procedures which include the conduct of members during sessions,

(5) The discipline of members for disorderly behavior snd 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. Pranided, That the penalty

| of suspension of expulsion shall require the concurrence of at least two-thirds (2/3) vote of all
the Semegguniang members: Provided, further, That a member convicted by final judgment to

i imprisonment of at least one (1) year for any crime involving moral turpitude shall be
automatically expelled from the Samggunicmyx, and

(6) Such other rules as the Samggumang may adopt

SEC. 14, Full Diselowure of Financial and Business Interests af Sangguniang Pantangsod Members ~ (3)
Every Sangguniang Panhingsod member shall. upon assumption to office, make a full disclosure of their business and
financial interests, Such disclomre shal alo include a professional relationship or any relaion by affinity or
‘consanguinity within the fourth civil degree, which a Sansgguefang member may have with any person, firm or enti
affected by ny oedinance or resolution under consideration by the Samgwang and which relationship may result
conflict of intefests. Such relationship shall include:

(0) Ownership of stock or capital. or investment in the entity or firm to which the ordinassce or
resolution may apply, and

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

la the absence of a specific constitutional or statutory provision applicable to the situation, *coafliet of
interest" refers|10 u situation where it may be reasonably deduced that a member of the Sareggumiang may not act in
the public interest due to some private, pecuniary or other personal considerations that may tend to affect the exercise
of judgment tothe prejudice of the service or the public

{b} The disclosure required under this Act shall be made in writing and submitted to the secretary of the
Sangguniang ox the secresary of the concerned committee. ‘The disclosure shall, ia all cases, form part of the record
ofthe proceedgs and shll be made inthe flowing manner

{()) Disclosure shall be made before the member participates in the deliberations on the ordinance
‘or resolution under consideration: Provdéed, that ifthe member dié not participate during the
eliberations, the disclosure shall he made before voting on the ordinance ot resolution on
‘second and third readings: and

(2) Disclosure shall be made when a member takes a position or makes a privilege speech on a
‘matter that may affect the business interest, financial connection or professional relationship
‘described herein

SEC.|15. Sessions — (a) On the first day of the session immediately following the election of its members,
the Samgianiang Panlungsnd shall, by resolution, fix the day, time and place of its sessions. The minimum aumber



of regular sessibns shall be once a week for the Sangguniang Panlungsce and twice a month for the Samgxmiamg
Barangay

(©) When the public interest so demands, special sessions may be called by the City Mayor or by s majority
of the of the Sangeumang,

(©) All Sangguniang sessions shall be open to the public unless a closed-door session is onered by an
affirmative vote of a majority of the members present, there being a quorum. in the public imterest or for reasons of
security, decenéy or morality, No nwo (2) sessions, regular or special, may be held ina single day

(d) Ih the case of special sessions of the Sangguniang, a written notice 10 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 Sangeaewiany members present, there being &
‘quorum, no other masters may be considered at a special session except those stated in the notice

(©) The Songewninye Panlumgsod shall keep a journal and record of its proceedings which may be published
‘upon resolution of the majority of its members.

SEC. 16 Quorum — (a) A majority of all the members of the Sangguniang who have been elected and
‘qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session,
the presiding officer shall immediately proceed to call the roll of the members an thereafter announce the results,

(b) Where there is no quorum, the presiding officer may declare @ recess until such time as a quocam is
constituted. of jt majority of the members present may adjourn trom day to day aad may compel the immediate
attendance of aay member absent without justifiable cause by designating a member of the Sarrggmran., to be assisted
by a member of members of the police force assigned in the territorial jurisdiction of the City of Capas, to arrest the
absent member/and present him at the session.

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

SEC. 17. Approval of Ordinances — (a) Every ordinance enacted by the Samgeueiang Panhongsoxt shalt be
presented to the City Mayor. Ifthe City Mayor approves the same, the signature shall be affixed on each and every
page thereof, ofherwise, the ordinance shall be vetoed and returned the same with statements on the objections to the
Semanmiong hich ny proceed vo reconsider the sume. The Sangguniang ey ‘override the veto of the City Mayor
by swothnds (D3) ven of al is mene tareby making te esinnce oF reschion effective for all legal intents
and purposes.

{b) The veto shall be communicated by the City Mayor to the Sammgnaucieg within ten (40) day's, otherwise,
the ordinance shall be deemed approved as ifit had been signed

SEC. 18 Veto Pawer of the City Mayor - (a) the City Mayor may veto any ordinance of the Sangguniang
Pantungsoxt or the ground that it is wltra vires or prejudicial to the pubic welfare, stating the reasons for the veto in
writing

(b) The City Mayor shall have the power to veto any particular item or iteins of aa appropriations ordinance.
‘an ordinance 0¢ resolution adopting 2 local development plan and public investment program or an ordinance directing
the payment of money or creating ility. In such case, the veto shall not affect the item or items which are not
objected to. The vetoed Hem or items shall not take effect unless the Sangguniang Panlungsad overrides the veto in
the manner herein provided, otherwise, the item or items im the appropriations ordinance of the previous year
corresponding {o those vetoed, if any, shall be deemed re-enacted

(c) The City Mayor may veto aa ardinance or resotution only once. "The Sangennians may override the veto
ofthe City Mayor by two-thirds (2/3) vote of ll ies members, thereby making the ordinance effective even without the
approval of the City Mayor

SEC. 19. Review of City Ordinances by the Sangguniang Pantalewigan ~ (a) Within three (3) days afer
Secretary to the Sangguniang Ponungsod shall forward to the Samgganiane Panlakewigan for review,
copies of ‘ordinances aad the resolutions approving the loeal development plans and public investment
programs foi by the local development councils.

(b) Within thisty (30) days after receipt of copies of such ordinances and resolutions, the Serggnearyy
Pantalarsigan shail exatsine the documents or transmit them to the provincial attorney of the provincial prosecutor for
prompt exami “The provincial artomey or the provincial prosecutor shall, within a period of ten (10) days from
receipt of the documents, inform the Sangewniayg Panfalawrganr in writing, of the comments or recommendations,
which may be exon by the Sanegwniang Panlalawigan in making its decision

(0) Ifthe Sangenmicerg Panlaleeeigar finds that such 2n orditance or resolution is beyond the power conferred
‘upon the Se ‘Panlunrgson concerned, it shall declare such ordinance or resolution invalid in whole or ia past.
“The Sanaeunichig Panlawigan shall enter its action in the miautes and shall advise the corresponding city authorities
of the action it has taken.

(4) IT ho action bas been taken by the Sangauniang Panlalawisan within thisty (30) days after submission of
such an orca or er resolution, the same shall be presumed consistent with law and therefore valid.

SEC. 20. Review of Barangay Ordinances by the Sangguniang Panlungsod — (2) Within ten (10) days after
their enactment, the Sangguniang Barangay shall furnish copies of all barangay ordinances to the Samgznnicong
Panlungsext fot review as to whether the ordinance is consistent with law or cty ordinances

() LF the Sameguniang Panhngsoxt fails to take action on barangay ordinances within thirty (30) days from
receipt thereof] the same shall be deemed

(c) If the Sanggronang Pantungsexd finds the barangay ordinances inconsistent with law or city ordinances,
the Sangguniang Pemluargsod shall, within thirty (30) days from seccipt thereof, return the same with its comments and
recommendations tothe Sanggnmiung Barangery concerned for adjustment, amendment or ‘modification, in which case,
the effectivity pf the barangay ordinance is suspended until such time as the revision called for is effected,



SEC. 21. Enforcement of Disapproved Ordinances or Resolutions — Any astempt 10 enforce any ordinance |
‘or any resolution approving the loca! development pian and public investment program, after the disapproval thereof,
shall be sufficient ground for the suspension or destissal of the official ar employee concerned.

SEC, 22. Effeetivity of Ordinances or Resolutions — (3) Unless otherwise stated in the ordinance or the |
resolution apprpving the local development plan and public investment program, the same shall take effect after ten
(10) days from the date a copy thereof is posted in a bulletin board st the entrance of the City Hall of Capas, and in at
Teast two (2) other conspicuous places in the City of Capas not later than five (S) days after approval thereof,
(b) The secretary of the Sangewniang Panlunggsad 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 approvat thereof.

‘The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the
language or dinlect understood by the majority of the people in the City and the secretary of the Sangguniang .
Panfuxad shal record such fact in a book kept foc 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
o three (3) consecutive weeks Such ordinances shall also be publisted in a newspaper of yeneral circulation within
the City

ARTICLE VE
DISQUALIFICATIONS AND SUCCESSION FOR ELECTIVE CITY OFFICIALS

SEC. 23. Disqualifications for Elective City Officials ~ The following persons are disqualified from running
for any elective position in the City
(a) Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by
(1) year or more of imprisonment within two (2) years after serving sentence,
(b) ‘Those removed from office 43 2 result of an administrative case,
(ec) ‘Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines,
(a) ‘Those with dual citizenship,
{e) Fugitives from justice in criminal or nonpotitical cases here and abroad,
(© Mermanent residents in a foreign country or those who lve acquired the right to reside abroad and
continue to avail of the same right after the effectivity of the Local Government Code of 1991, a3
amended; and |
(a) The insane or feeble-minded |
|
|

SEC. 24, Permanent Vacancy in the Offices of the City Mayr and City View Mayor ~ (2) if permanent
‘vacancy oceury in the office of the City Mayor, the City Vice Mayor shall become the City Mayor. If @ permanent
vacancy occurs in the office of the City Vice Mayor, the highest ranking Sanggnriang Paniungsud member or, in case
of the latter's permanent incapacity, the second highest ranking Sangguniang Panhapesad member shall become the
City Mayor of City Vice Mayor, as the case may be. Subsequent vacancies in the said offices shall be filled
automatically ty the other Sangguniang members according to their ranking as defined under the Local Government
Code of 1991, 8s amended
(b) fa permanent vacancy occurs in the office of the Pimong Barangay, the highest canking Sangguniang
Barangay member or, in case of the latter's incapacity, the second highest Sarageuniang member shall
become the Prong Barangay.
(© Atie between or among the highest ranking Sangguniang Panlungsod members shail be resolved by
drawing of lots.
(a) The successors, us 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
racant office, refuses to assume office. fails to qualify, dies, is removed from office, voluntarily resigns
ris otherwise permanently incapacitated to discharge the functions of the office.
(8) For purposes of succession as provided in this Act, ranking in the Sangeunicng shall be deterrnined on
f. ‘basis of the proportion of votes obtained by each winning candidate to the total number of registered
ters in the City in the immediately preceding local election.

Permanent Vacancies in the Sangguniang Panlungsod ~ Permanent vacancies in the Sangguniang.
Pankargsad where sutomatic succession as provided above does not apply shall be filled by appointments in the ;
following mand

| () The provincial governor shall make the afbresaid appointments,
(2), Only the nominee of the political party uader which the Sanggwiairg mensber concerned had
‘been elected and whose elevation to the position next higher in rank created the last vacancy in
the Sanggwniceng shall be appointed in the manner provided herein. The appointee shall come
from the potitical party as that of the Samgenmiare member who caused the vacancy and shall
serve the unexpired term of the vacant office
‘In the appointment herein mentioned, a siomination and a certificate of membership of the
appoiatce from the highest official ofthe political party concerned are conditions sine qua nom,
and any appointment without such nomination and certification shall be mull and void ab initio
and shall be a ground for administrative action against the official responsible therefore,
(3) Incase the permanent vacancy is caused by a Sanggeniang member who does not belong to any
political party, the City Mayor shall, upon recommendation of the Sangguniang Parlmegsod,
“appoint a qualified person to fill the vacancy; and



(4) In case of vacancy in the representation of the youth and the barangay in the Sangguniang
Panlungsod, said vacancy shall be filled automatically by the official next in rank of the
‘organization concerned.

SEC. 26, Temporary Vacancy in the Office of the City Mayor ~ (3) Whea the City Mayor is temporarily
incapecitated {0 pecform the duties for physical or legal reasons such as leave af absence, travel abroad and suspension
fiom office, the City Vice Mayor or the highest ranking Sangguniang Pan/ungsed member, shail 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 ifthe period of tempocary incapacity exceeds thirty (30) working days.

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

(0) ening ib te comms et uo ihe via jurisdiction of the City for a period not
‘exceeding three (3) consecutive days, the City Mayor may designate in writing the officer-in-charge of the office.
Such euthorization shalt specify the powers and functions that the local official concerned shall exereise in the absence
of the City Mayor except the power to appoint, suspend or dismiss employees,

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

(@)_ Bkcept 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 Viee Mayor or the highest ranking Scngewniaug
Panlunggsoxd member, as the case may be.

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

SEC. 27. The Secretary 1 the Sangguniang Panlumgxod —(2) There shal bea secretary ofthe Sangguniang
Panturgsod who shall be a career official with the rank and salary equal to a head of @ department or office

{b) The Secretary to the Samgguniang Panhungscef must be a citizen of the Philippines, «resident of the City
‘of Capas, of good moral character, a holder of a college degree preferably in law, commerce, or public administration
from a recognized college or university, and a first grade civil service eligible or its equivalent

(0) The secretary 10 the Sangguniang Panlungsod shall take charge of the office of the Saugguniang
Pantungsext ane shal

(1) Attené meetings of the Sanggunianng Pandunngsoxt and keep 2 journal of its proceedings;
| (2) Keep the seal of the City and affix it with signature to all ordinances, resolutions, and other
official acts of the Sarxuniang Panlungsod and present the same for the signature of the
presiding officer,
(3) Forward to the City Mayor. for approval, copies of ordinances enacted by the Samgewniang
| Pantuigsext duly certified by the presiding officer, ia the manner provided in Section $4 of the
Local Government Code of 1991, as amended;

(4) Forward to the Sangguniang Panlalawigas copies of duly approved ordinances in the manner

| provided in Sections 56 and $7 of the Local Government Code of 1991. as amended;

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

| (6) Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the

| Sangguniang Pendimgsod, 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 al! ordinances and resolutions
immediately after their approval and cause the publication of the same together with the original
‘version in the manner provided under the Local Government Code of 1991, as amended,

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

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

Local Goverment Code of 1991, as amended, and those that are prescribed by law or
ordinance

SEC. 28 The Cty Treasurer — (a) The City Treasures 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 tothe civil
service Iaw, rules and regulations

{(b) Thie city treasurer shal be under the administrative supervision of the City Mayor, to whom he stall report
‘regularly on the tax collection efforts of the City,

(¢) The City Treasurer must be a citizen of the Philippines, @ resident of the City of Capas, of good moral
character, a hglder of 8 college degree in commerce, public administration or law fom a recognized college oF
university, a first grade civil service eligible or its equivalent and must have acquired for at least five (5) years
experience in theasury or accounting service

(@) The city treasurer shall receive such compensation, emoluments and allawances as may be determined

law

(¢) The city treasurer shall take charge of the City Finance Department, and shall



(1) Advise the City Mayor, the Sangguniang Panligsod and other local government and national
officials concemed regarding the disposition of local government funds and on such other
matters relative to public finance.

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

G) Take charge of the disbursement of all funds of the City and such other funds the custody of
which may be entrusted to the City Treasurer by law or other competent authority,

(4) Inspect private commercial aed industrial establishments within the jurisdiction Of the City in
relation 10 the implementation of tax ordinances pursuant to the provisions of the Local
Government Code of 1991, as amended;

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

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

SEC. 29, The City Assessor — (a) The city assessor must be a citizen of the Philippines, a cesident of the City

‘of Capas, of good moral character, a holder of a college degree preferably in civil or mechanical engineering.
‘commerce, of amy other related course from a recognized college or university, a first grade civil service eligible or its
‘equivalent and just have acquired at least five (5) years experience in real property assessment work or in any related
field immediatély preceding the date of the appointment

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

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

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

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

| (3) Extablish a systematic method of real property assessment;

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

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

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

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

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

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

(10) Submit every semester a report of all assessments, as well x cancellations and modifications
‘of assessments to the City Mayor and the Sangguniang Panlungesod,

(11) Attend personally or through an authorized representative all sessions of the Local Board of
“Assessment Appeals whenever the assessment is subject of the appeal, and present or submit
‘any information or record in the possession as may be required by the Board; and

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

SEC. |30, The City Accountant — (4) The city accountant mast be a citizen of the Philippines, a resident of
the City of Capas, of good moral character, a certified public accountant and must have acquired at east five (3) years
‘experience in the treasury or accounting service immediately preceding the date of the appointment.

(5) The city accountant shall receive such compensation, emoluments and allowances as may be determined

by law,
(6) The city accountant shall tke charge of both the office of the accounting and internal audit services of the
City, and shall

| (2). Install and maintain an internal audit system in the City;
(2) Prepare and submit financial statements tothe city mayor and to the Sumggwniang Panlungvext,
|G) Appraise the Sangenniang Pantungvod and other officials on the financial condition and
‘operations of the City;
(4) Certify the availability of budgetary allotment to which expenditures and obligations may be
property charged.
(8) Review supporting documents before the preparation of vouchers to determine the
completeness of requirements,
(6) Propare statements of cash advances, liquidations, salaries, allowances, reimbursements and
remittances pertaining to the City:
(7) Prepare statements of journal vouchers and liquidation of the same and other adjustments
related thereto;
(8) Post individual disbursements to the subsidiary ledger and index cards;
| (@} Maintain individual ledgers for officials and employees of the City pertaining to payrolts and
deductions,



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

(11) Account for all issued requests for obligations and maintain and keep all records and reports
related thereto,

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

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

SEC. 31. The City Budget Officer ~ (2) The city budget officer must be # citizen of the Philippines, a resident
of the City of Capes, of good moral character, « holder of a college degree preferably in accounting, economics, public
administration, or any related course from a recognized college or university, a first grade civil service eligible or its
equivalent, and must have acquited at least ive (5) years experience in government budgeting or in any related field
‘immediately preceding the date of eppointment

{b) The City Budget Officer shall ceceive such compensation, emoluments and allowances #s may be
determined by law.

(c) The City Budget Officer shall take charge of the City Budget Department. and shall

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

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

(3) Assist the City Mayor i the preparation of the annual budget and during and after budget
hearings.

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

(3) Submit periodic budgetary reports fo the Department of Budget and Managemen (DBM):

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

(7) Assist the Sangguniang Pantoggsod jn reviewing the approved budgets of component
barangays,

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

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

SEC. 32. The City Planning and Development Officer — (a) The city planing and development offices must
be a citizen of the Philippines, a resident of the City of Capas, of aood moral character, a holder of a college degree
preferably in utban planning, development studies, economics, public administration, or in any related course from 1
recognized colleye of university, a first arade civil service eligible or its equivatent, and must have acquired at least
five (5) years experience in development planning or in any related field immediately preveding the date of the
appointment |

{b) The City Planning and Development Officer shall receive such compensation, emoluments and allowances
as may be detetmined by law.
(c) The City Planning and Development Officer shall take charge of the City Planning and Development
Coordinating Office, and shal
i

(1) Formulate integrated economic. social, physical and other development plans and policies for
consideration of the City,

(2) Conduct continuing studies, researches and training programs necessary to evolve plans and
programs for implementation;

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

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

(5) Prepare comprehensive plans and other development planning documents for the consideration
af the local development council,

| (6) Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and

policies for consideration of the finance committee of the City as provided under the Local
Government Code of 1991;

(2) Promote people's participation in development planning within the City.

(8) Exercise supervision and control aver the secretatiat of the Local Development Council, and

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

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

{(b) Tie city engineer shall receive such compensation. emoluments and allowances as may be determined by
haw


(c) The city engineer shull take charge of the City Engineering Office, and sball

| (1) Initiate, review and recommend changes in poticies 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 oa infrastructure, public works and other engineering matters;
G) Administer, coordinate. supervise and control the construction, maintenance, improvement and
repair of roads, bridges, other engineering and public works projects of the City,
(4) Provide engineering services to the City, including investigation and survey, enginecring
designs, leasibility studies and project management, and
(5) Perform such other duties and fiunctions, and exercise such other powers as provided for under
|" the Local Government Code of 1991, as amended, and those that are prescribed by law or
ordinance,

SEC. 86. The City Health Officer ~ (a) The City Health Officer must be a citizen of the Philippines. a

resident of the City of Capas, of good moral character, a licensed medical practitioner, and must have acquired at least
nce in the practive of profession,

ity Health Officer shall receive such compensation, emoluments and allowances @s may be

five (5) years
{b) The
determined by
(c) The city health officer shatt take charge of the Office of the City Health Services, and shall:

{1) Supervise the personnel and staff of the said office, formulate program implementation
‘guidelines and rules and regulations for the operation of the said office for the approval of the
‘city mayor in order to assist him in the efficient, effective and economical impiementation of
health service program geared to implement health-related projects and activities,

(2) Formulate measures for the consideration ofthe Semmgeuiang Panlungsod and provide techaical
assistance and support to the cy mayor in carrying out activites to ensure the delivery of basic
services and provision of adequate facilities relative to health services provided under Section
17 of the Local Government Code of 1991. as amended,

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

(4) Inaddition to the foregoing duties and functions, the city health officer shalt:

(i) Formulate and implement policies, plans and projects to promote the health of the
people in the City,
(ii) Advise the City Mayor and the Sangguniang Panlungsex? on matters pertaining to
health;
iii) Execute and enforce all laws, ordinances and regulations relating 10 public health:
(iv) Recommend to the Sangenniang Pariungsod through the Local Health Board the
pastage of such ordinances necessary for the preservation of public health;
(¥) Recommend the prosecution of aay vielation of sanitary laws, ordinances or
regulations,
(vi) Direct the sanitary inspection of all business establishments selling food items or
| providing secommodation such ws hotels, motels, lodging houses, and pension
‘houses, in accordance with the Sanitation Code;
(vii) Conduct health information campaigns and render health intelligence services;
i (sili) Coordinate with other government agencies and nongovernmental organizations
involved in the promotion and delivery of health services,
(ix) Be in the fronthne of the delivery of health services, particularly during and in the
aflermnath of man-made and natural disasters and calamities, and

(5) Pecform such other duties and functions, and exercise such other powers as provided under the
Local Government Cade of 1991, and those that are prescribed by law oF ordinance:

SEC. 35, The City Civil Registrar ~ (a) The city civil registrar must be a citizen of the Philippines, a resident
of the City of €apas, of good moral character. a holder of a colleae degree from a recognized college or university, a
first grade civi) service eligible or its equivalent and must have acquired at feast five (5) years experience in civ

tegiatry work. |
{6) They ivi registrar sal rexive such compensation, emoluments an allowances as may be determined
by law.

6) The city civil registrar shall be responsible for the civil registration program in the City of Capas, pursuant
to the Civil Repistry Law, the Civil Code, and other pestinent laws, rules and regulations issued to implement them.
(4) The city civil eistcar shal tke charge ofthe office ofthe city civil registry and sal

(1) Develop plans and stratewies, and upon approval thereof by the city mayor, implement the same,
particularly those whick have to do with the management and adininistration-related programs
and projects which the City Mayar is empowered to implement and which the Sausgnniangy
Pandungsesd is ecwpowesed to provide under the Local Government Code of 1991, as amended;

| Q) Inaddition to the foregoing duties and functions, the City Civil Registrar shall;

(i) Accept all registeable documents and judicial decrees affecting the civil status of



Gi) File, keep and preserve in a secure place the books required by law;
(ii) ‘Transeribe and enter immediately upon receipt all cegistrable documents and judicial
decrees affecting the civil status of persons in the appropriate civil rewistry books,
Gv) Transmit 10 the Office of the Civil Registrar-General, within the prescribed period,
duplicate copies of registered documents required by law;
(v) Issue certified transcripts oF copies of any certificate oF registered documents upon |

payment of the required fees to the city treasurer,

(si). Receive applications for the issuance of a marriage ficease 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
tothe City Treasures, 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
siatistics for the City of Capas

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

SEC. 38. The City Administrator — (a) The city administrator rmast be a citizen of the Philippines, a resident
of the City of Capas, of good moral character, a holder of a college degree preferably in public administration. law, or
‘any other related course from a recognized college or university. a first grade civil service eligible or its equivalent,
and must have Required at least five (5) years experience in management and administrative work

(b) The term of the ity administrator is coterminous with that ofthe appointing authority

(©) The City Administrator shall receive such compensations, emoluments and allowances as may be

lined by baw:
(@) Tie city administrator shall take charge of the City Administrator's Office, and shal:

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

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

(3) Establish and maintain a sound personnel program for the LGU designed to promote carcer

| development and uphold the ment principle in the local government service:

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

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

{8) Recommend to the Sangewniany Pantungsad and advise the City Mayor on all matters relative
to the management and administration of the City, and

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

SEC. 39. The City Legal Officer (a) The city legal officer must be # citizen of the Philippines, a resi:
of the City of Capas, of 2004 moral character, a member af the Philippine Bar, and must have practiced the profession

for at least five|(5) years

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

(€) The city iegat officer shal receive such compensation, emoluments and allowances as may be determined
by law

(4) The city legal officer, the chief legal counsel of the City, shall tke charge of the Office of the City Legal
‘Service, and shal:

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

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

(3). Represent the City in all civil actions and special proceedings whercin the local government unit

|" orany official thereof, in official capacity, is a party: Provided. That. m actions or proceedings
‘where the City of Capas is a party adverse fo the provincial government oc fo another component
city oF municipality, « special legal officer may be employed to represent the adverse party:

(4) When required by the City Mayor or Sangguniang, draft ordinances, contracts, bonds, leases

and other instruments involving any interest of the City and provide comments and
recommendations on any instruments already drawn;

(5) Render an opinion in writing on any question of law when requested 10 do so by the City Mayor

or Sangguniang,

(6) Snvestigate or cause to be investigated any local official or employee for administrative neglect

‘or misconduct in office and recommend the appropriate action to the City Mayor or
Sanggomiang, asthe case may be;



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

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

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

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

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

(12) Perform such other duties and functions, and exercise such other powers as provided: under the

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

SEC. 38, The City Sacial Welfare and Development Officer —(a) The city social welfure and development |
officer must be'a citizen of the Philippines, a resident of the City of Capas, of good moral cheracter, a duly livensed
social worker of a holder of « college degree preferably in social work, sociology, oF any other related course ffom a
recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at feast
five (5) years ekperience in the practice of social work immediately precoding the date of appointment.

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

© ry Social Welfare and Development Officer shall take charge of the Office of Social Welfare and
Development, and shall

(1) Formelate measures for the approval of the Sangguniang Panlungsod and provide techaical
assistance and support to the City Mayor in carrying Out measures t0 ensure delivery of basic
services and provision of adequate facilities relative to social welfare and development
services,

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

(3) Identify the basic needs of the needy, the disadvantaged snd impoverished and develop and

| implement appropriate measures 10 alleviate their problems and improve their living
conditions,

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

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

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

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

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

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

(10) Recommend to the Sangqurtanag Pantungsed and advise the City Mayor on all other reatters
related to social welfare and development services that will improve the livelihood and living,
conditions of the City's inhabitants, and

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

SEC. 39. The City Veterinarian —(a) The city veterinarian must be 2 citizen of the Philippines, @ resident of
the City of ‘of good moral character, a licensed doctor of veterinary medicine and must have practiced the
profession for &t least three (3) years.

{b) The city veterinarian shall receive suck compensation, emoluments and allowances as may be determined

by law. |
{c) The city veterinarian shall take charge of the Office of the Veterinary Services, and shall

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

| @)_ Develop plans and strategies, and upon spproval 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 Songenmiang Panlugsad is empowered 10
provide:


@)

@
Gs)
6)
ie)
1 @)

‘Advise the City Mayor on all matters pertaining to the slauxbter of animals for human
consumption and the regulation of slaughterhouses,

Regulate the keeping of domestic animals,

Regulate and inspect poultry, milk and dsiry products for public consumption,

Enforce all laws and regulations 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, such as the outbreak of highly contagious

and deadly diseases and in situations resulting in the depletion of animals for work and for

human consumption, particularly those arising from and in the aftermath of man-made and

natural disasters or calamities,

Recommend to the Somgguniang Pantungsod and advise the city mayor on ail matters relative

40 veterinary services which will increase the number and improve tie quality of livestock,

| __ poultry and other domestic animals used for work or human consumption, and

(10) Perform such other duties and functions, and exercise such other powers as provided under the

Local Government Code of 1991, as amended, and those that are prescribed by law or
‘ordinance,

‘®

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

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

{c) The city general services officer shall take charge of the Office of the General Services, and shall:

(1) Formulate measures for the consideration of she Sangguniang Panlungsed and provide

technical ussistance and support to the City Mayor in carrying out measures to ensure the

delivery of basic services and provision of adequate facilities that require general services

‘expertise in technical support services,

Develop plans and strategies, and upon approval thereof by the City Mayor, implement the

‘same, particularly those which have to do with the general services that are supportive of the

welfare of the inhabitants of the City which the City Mayor is empowered to implement and

which the Semgguniang Panhungsed is erapowered to provide,

| (3). Take custody of and be accountable for all peoperties, 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 tnd space to local officials or other

} public officials, who by law, are entitled 10 the space:

@)

| (5) Recommend to the City Mayor the reasonable rental rates for local goversement properties,

| "whether zeal or personal, which will be leased to public or private entities by the local
government,

Recomaiend to the City Mayor reasonable rental rates of private propenies which may be

leased for the official use of the City,

Maintain and supervise janitorial, security, landscaping and other related services in all local

‘government public buildings and other real property, whether owned or leased by the local

government uct,

Collate and disseminate information reyarding prices, shipping and other costs of supplies and

‘ther items commonly used by the local government unit,

| (9). Perform archival and record management with respect to records of offices and departments of

| the local government unit;

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

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

| (12) Recommend to the Sangguniang Paniungsed and advise the City Mayor on all matters relative
to general services, and

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

(6)
a

| &

SEC. 41. The City Environment and Natural Resources Officer ~ (a) The city eaviroament and natural
resources officer must be 4 citizen of the Philippines. a resident of the City of Capas, of good moral character, a holder
of a college degree preferably in environment, forestry, agriculture or any other related course from a recognized
college or university, a first grade civil service eligible or its equivalent and must have acquired at least five (5) years
‘experience in the environment and natural resources management, conservation and utilization work,

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

© environment and natural resources officer shall take charge of the Office of the Environment
Service nd shall



| () Fommulate measures for the consideration of the Sangguniang Pavungsad and provide
| assistance and support to the City Mayor in carrying out measures to ensure the delivery of
basic secvices and provision of adequate facilities relative to environment and natural resources
services as provided under Section 17 of the Local Government Code of 1991, as amended;
(2) Develop plans and strategies, and upon approval thereof by the City Mayor, implement the
same, particularly those which have to do with environment and natural resources programs
and projects which the City Mayor is empowered 10 implement and which the Sangguniang
Panlnngsod is empowered to provide:
(3) Establish, maintain, protect and preserve communal forests, watersheds, tree perks, mangroves,
|" greenbelts, commercial forests and similar forest projects like industria tree farms and agro-
forestry projects,
(4) Provide extension services to beneficiaries of forest development projects and technical,
financial and infrastructure assistance;
| (3) Manage and maintain seed banks and proshuce seedlings for forest and tree parks:
(6). Provide extension services to beneficiaries of forest development projects and render assistance
| "foe natural resources-related conservation and utilization activities consistent with ecological
balance;

| (Coordinate with government agencies and nongovernmental organizations in the

| implementation of measures (o prevent and control land, air and water pollution with the
assistance of the Department of Environment and Natural Resources (DENR),

| (®)_Beinthe frontline of the delivery of services concerning the environenent and natural resources,
particularly in the renewal and rehabilitation of the environment during and in the aftermath of
man-made and ratueal disasters and calamities;

(9) Recommend measures to the Sangguniang Panhwrgsex! and. advise the City Mayor om all
ruatters relative to the protection, conservation, maximum utiization, application of appropriate
technology and other matters slated to the eavironment and natural resources; and

(10) Perform such other duties and functions, and exercise such other powers a3 provided under the
Local Government Code of 1991, as amended, and those that ure prescribed by law or
‘ordinance

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

o La city architect shall receive such compensation, emoluments and allowances as may be determined by
Jaw.
{6) The city architect shall take charge ofthe Office ofthe Architectural Planning and Design, and shall

(1) Formulate messures for the consideration of the Sangewmiamg Maniungsed and provide
technical assistance and suppoet to the City Mayor in carrying out measures to ensure the
delivery of basic services and provision of adequate facilities relative to architectural planning

and design,

| (2) Develop plans and strategies, and upon approval thereof by the City Mayor, implement the
sime, particularly those which have to do with architectural planning and design programs and
projects which the City Mayor is empowered to implement and which the Sangevericane
Palungsoad is empowered 10 provide,

(3) Prepare and recommend for consideration of the Sianggnaiang Pantungsad the architectural
plan and design for the locat government unit or a part thereof. inctuding the renewal of slums
‘aed blighted areas, land reclamation activities, the greening of land, and appropriate planning,
‘of marine and foreshore areas.

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

{8} Coordinate with government and non-government entities and individuals involved in the
aesthetics and the maximum utitization of the Land and water within the jurisdiction of the tocat
government unit, to implement plans and programs that shall preserve environmental integrity
and ecological balance

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

(2) Recommend to the Sangeunians Pantungsod and advise the City Mayor on all matters relative
{to architectural planning and desiun as it celates to the total socio-economic development of the
City,

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

SEC, 43. The City Information Officer (3) The city information officer must be a citizen ofthe Philippines,
‘a resident of the City of Capas, of good moral character, # holder of # college degree preferably in journalism, mass
communicatiofs, of any related course from s recognized college or university, a first grade civil service eligible or its



‘equivalent and fiust have at feast three (3) years experience in writing articles and research papers, or writing fur print,
television or broadcast media
(bo) The city information officer shall receive such compensation, emoluments and allowances us may be
cermined by law.
(©) ‘The term of the city information officer shall be coterminous with that of the appointing authority,
(@) The city information officer shall take charge of the Office of the City Information and Community
Relations Department, and shall

(3) Formulate measures for the consideration of the Sanggnaiane Panhurgsoxd and. provide
technical assistance and support to the City Mayor in providing the information and research
data required for the delivery of basic services and provision of adequate facilities 90 that the
public becomes aware of said services and may fully avail of the same,

| 2) Develop plans and strategies. and upon approval thereof by the City Mayor, implement the

|" samme, panicularly 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 Pantungscad is empowered to provide,

(3) Provide relevant, adequate and timely information to the local government unit and its
| residents,
| (4) Fumish information and data on the local government agencies or offices as may be required
| by law or ordinance; and non-governmental organizations to be Furnished to said agencies and
organizations,

(5) Maintain effective liaison with the various sectors of the community on matters and issues that
affect the livelihood and the quality of life of the City’s inhabitants and encourage support for
programs of the kocal and national government

(6) Be i the frontline in providing information during and in the aftermath of man-made and
natural calamities and disasters or calamities, with special attention to the victims thereat. to

ize injuries and casualties during and after the emergency, and to accelerate relief

and rehabilitation,

| (7) Recommend to the Sangguniang Pantuygead and advise the City Mayor on all matters relative
to public information and research data as it relates to the total socioeconomic development of
the City, and

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

SEC, The City Cooperatives Officer (3) The city cooperatives officer must be a citizen of the
Philippines, «resident of the City of Capas, of g00d moral character. & holder of college degree preferably in business
administration With special training on cooperatives or any related course from a recognized college or university,
first grade civi} service eligible or its equivalent and must have at feast five (5) years experience on cooperatives
development, drganization and management

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

io) The city cooperatives officer shall take charge of the Office for the Development of Cooperatives, ant

(1) Formulate measures for the consideration of the Sangguniang Panlungwad and provide
techmical assistance and support to the City Mayor in carrying out measures 10 ensure the
delivery of basic services and the provision of facilities through the development of
cooperatives, and in providing access to such services and facilities:

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

| ‘same, particularly those which have to do with the integration of cooperatives principles and
methods in peagrams which the City Mayor is empowered to implement snd whieh the
Sangginiiang Pantungsod is empowered to provide:

(3) Assist in the organization of cooperatives,

(4) Provide technical and other forms of assistance 10 existing cooperatives to enhance their
‘viability as an economic enterprise and social organization,

(5) Assist cooperatives in establishing linkages with government agencies aed nongovernment
‘organizations involved in the promotion and integration of the concept of cooperatives ia the
livelihood of the people and other community activities

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

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

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

SEC, 47. The City Population Officer — (3) The city population officer must be a citizen of the Phifippines,
a resident of the City of Capas, of good moral character, 2 holder of x college deuree preferably with specialized



training in popdlation development from a recosnized college or university, a first grade civil service eligible or its
‘equivalent and| must have at least five (3) years experience in the implementation of programs on population
development of responsible parenthiood

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

«© The city population officer shall take charge of the office on population development, and shall

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

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

Q) Assist the City Mayor in the implementation of the constitutional provisions relative to:
population development and the promotion of responsible parenthood,

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

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

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

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

{(b) The city ayriculturist shall receive such Compensation, emoluments and allowances as may be determined
by law

(c) The city agriculturist shall take charge of the Office for Agricultural Services, and shal:

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

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

(3) _ In addition to the foregoing duties and flnctions, the city agriculturist shall

(3) Ensure that maximum assistance and access to resources in the production, processing
‘and marketing of agricultural and aqua-cultural and marine products are extended to
farmers, fishermen and local entrepreneurs;

Gi) Conduct oF cause to be conducted location-specific agricultural researches and assist
in making available the appropriate technology arising out of and disseminating
information on basic research on crops, prevention and control of pant 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

{¥) Coordinate with government agencies and non-governmental organizations which
promote agricultural productivity through applied technology compatible with
environmental integrity

|G) Bein the froattine 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 ent calamities:
63) Recommend to the Sangeuniang Panlungsod and advise the City Mayor on all other matters
related to agriculture and aquaculture which will improve the livelihood and living conditions
‘of the inhabitants; and
(6) Pertirm such other duties and functions, and exercise such other powers as provided under the
Local Government Code of 1991, as amended, and those that are prescribed by law or
ordinance

SEC. 47. The Clty Business Permits and Licensing Officer ~ (a) The city business permits and licensing
‘officer must 4 a citizen of the Philippines, a resident of the City of Capas, of good moral character, a holder of a
college degree preferably in business administration or in any related course from a recognized college or university,
a first grade civil service eligible or its equivalent and must have at least five (5) years experience in management

{b) The city business permits and licensing officer shall receive such compensation, emoluments and
allowances as pay be determimed by law;
(c) The city business permits and licensing officer shall take charge of the for the Business Permits and

Licensing Office, and shall.



(1) Supervise the conduct of spot/post inspection of all business establishments, gaming and other
"entities requiring permits and licenses for compliance with existing laws and ordinances,
(2) Review the application for permits and licenses and recommend its approval/disupproval to the City
‘Mayor or his authorized representatives, and
(3) Exercise over-all supervision in the City Business Permits and Licensing Office.

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

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

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

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

SEC. 49, The City Jail Service — (a) The DILG shall, 1 least five (5) months from the commencement of
the corporate existence of the city. establish and maintain a secured, clean, adequately equipped and sanitary jail Facility
for the custody|and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or
trial and/or trangfer to the national penitentiary, or a violent mentally ill person who may endanger oneself or the safety
of others, a5 duly certified by the proper medical health officer, prior to the transfer of such person to a mental
institution |

{b) The City Jail Service shall be headed by a city jail warden whose qualifications shall be as thase provided
for under fic Act No. 9263, as amended, othervise known as the "Bureau uf Fire Protection and Bureau of Jail
‘Management aiad Penology Professionalization Act uf 2004". The provincial jxil warden shall assist in the immediate
rehabilitation of individuals or detention of prisoners Great care must be exercised so that human rights of these
‘prisoners are respected and protected, and their spiritual and physical well-being ere properly and promptly attended
10

SEC. 50, The City Schools Division (2) The Department of Education (DepEd) shall establish and maintain
A city schools vision ofthe City of Capas whose arex of jurisdiction wil cover all the schoo distrits within the Cay:
and

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

SEC. 1. The City Prosecution Service ~{a) The Department of Justice (DOJ) shal, within two (2) months
from the ‘ofthe corporate existence of the city, establish and maintain a prosecution service. It shall be
headed by a city prosecutor, who shall be assisted by such number of assistant prosecutors as may be necessary, and
whose qualificttions, manner of appointment, rank, salary and benefits shall be governed by existing laws covering,
prosecutors in the DOJ The City Prosecution Service shall be oryanizationally part of the DOJ, and under the
supervision ang control of the Secretary of the DOJ

(b) The City Prosecutor shall handle the criminal prosecution in the municipal trial courts in the City as well
4s im the eegiodal trial courts for criminal cases originating in the territory of the City, and shall render to 0 for the
City such servites as are required by law, ordinance or regulation of the DOJ.

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

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS:

SEC. £2. Municipal Oniinances Existing at the Time of the Approval of this Act Al municipal ocdinances
‘of the Municipality of Capas existing atthe time of the approval of this Act shall continue ta be in force within the
City of Capas uni the Seoneumianse Panlungsod shail provide otherwise.

SEC. 53. Plebiscite ~ The City of Capas shall acquire corporate existence upon the eatification of its creation
by a majority Of the votes cast by the qualified voters ia a plebiscite to be conducted in the present Municipality of
Capas within nacty (90) days from the approval of this Act.

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

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

|

Officials of the City of Capas ~ The present elective officials of the Municipslity of Capas shall
‘continue to exercise their powers and functions until such time that a new election is held and the duly-elected officials
‘hall have already qualified and assumed their offices. Appointive officials and employees of the Municipality of
‘Capas shal likewise continue exercising thei functions and duties and they shall automatically be absorbed by the city
government of the City of Capas.



SEC, 58, Succession Clause ~ The City of Capas shall succeed to all the assets, propenies, liabilities and
‘obligations of the Municipality of Capas.

SEC. $6. Election of Provincial Governor and Sangguniang Pantalavwigan Members of the Province of
Tarlac — The quatified voters of the City of Capas shall be qualified to vote and run for any elective position in the
elections for provincial governor, provincial vice governor, Sarggguuang Panialawigan members and other elective
offices for the Province of Tarlac

SEC. $1. Jurisdiction of the Province of Tarlac ~ The City of Capas shall, unless otherwise provided by
law, continue to be under the jurisdiction of the Province of Tarlac.

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

SEC. 59. Legislative District — Until otherwise provided by law. the City of Capas shall continue to be a part
of the Third Lexistative District of the Province of Tarlac.

SEC. 60, Applicability of Lavs ~ The provisions of the Local Government Code of 1991, as amended, and
such other law as are applicable to component cites shall govern the City of Capas insofar as they are not inconsistent
with the provisions of this Act,

SEC. 61. Separability Clause — If, for any reason or reasons, any part or provision of this charter shall be
held wit invalid or inconsistent with the Local Government Code of 1991, as amended, the other parts or
provisions hereof which are not affected shall continue to be in full force and effect.

SEC. 62. Effectivity — This Act shal take effect fifteen (15) days after its publication in the Official Gazette
orina ‘of general circulation.

Apprivved,