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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

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FE pare _08 SEP 105 3
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TWENTIETH CONGRESS

First Regular Session

HOUSE BILL No._4415

Introduced by Representative FLORENCIO “JOEBEN” T. MIRAFLORES

EXPLANATORY NOTE

The Municipality of Malay, Province of Aklan, is a first-class municipality that has
long served as one of the Philippines’ foremost tourism and economic gateways. Anchored by
the global destination of Boracay, Malay contributes to Aklan’s income of billions of pesos
annually through tourism revenues, sustains thousands of livelihoods, and contributes

significantly to national economic growth.

Republic Act No. 11683, entitled “An Act Amending Section 450 of Republic Act No.
7160, as Amended, by Providing for the Requisites for the Conversion of a Municipality into a
Component City, and for Other Purposes,” provides the legal framework for converting
municipalities into cities. The Municipality of Malay has met all conditions as required by RA

11683, establishing its eligibility for conversion into a component city.

The creation of the City of Malay Boracay is not only consistent with statutory

sites but also necessary to strengthen governance in a municipality of national and global

reqi
significance. Cityhood for Malay will enhance its fiscal autonomy by having city-level access

to expanded National Tax Allotments (NTA), as well as improving governance capacity by
equipping Malay with a stronger and modem political structure to handle the challenges of
rapid urbanization, mass tourism, and environmental protection. Cityhood will also contribute
to the Malay’s push for sustainability by ensuring Boracay and adjacent ecosystems are

managed through well-funded programs, balancing tourism and ecological preservation.


Lastly, it will promote equitable growth by extending the benefits of tourism-led prosperity to

its component barangays, fostering inclusive development across Malay.

In view of the foregoing, the immediate passage of this bill creating the City of Malay
Boracay is earnestly sought to secure the institutional stature, fiscal empowerment, and
governance framework necessary for this vital locality to fulfill its role as a pillar of national

economic and tourism development.

HON. FLORENG ‘BEN” T. MIRAFLORES

Representative, 2Ad District of Aklan


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS

First Regular Session

HOUSE BILL No._4415

Introduced by Representative FLORENCIO “*JOEBEN” T. MIRAFLORES

AN ACT
CONVERTING THE MUNICIPALITY OF MALAY IN THE PROVINCE OF AKLAN
INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF MALAY BORACAY

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

assembled:

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. This Act shall be known as the “Charter of the City of Malay Boracay.”

Section 2. The City of Malay Boracay. The Municipality of Malay is hereby converted into
a component city to be known as the City of Malay Boracay, hereinafter referred to as the
“City,” which shall comprise the present territory of the Municipality of Malay in the Province
of Aklan. The territorial jurisdiction of the City shall be within the present metes and bounds
of the Municipality of Malay.

‘The foregoing provision shall be without prejudice to the resolution, by the appropriate agency

or forum, of existing boundary disputes or cases involving questions of territorial jurisdiction
between the City of Malay Boracay and the adjoining local government units (LGUs):
Provided, That the territorial jurisdiction of the disputed area or areas shall remain with the

LGU exercising powers, prerogatives, and authorities over such disputed area or areas under


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Republic Act No. 7160, otherwise known as the Local Government Code of 1991, as amended,

until the final resolution of the case.

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

this Charter. The City shall have the following corporate powers:
(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;
(©) To have and use a corporate seal;
(d) To acquire and convey real or personal property;
(e) To enter into contracts; and

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

Section 4. General Powers of the City. The City shall exercise the power to levy taxes, fees,
and charges; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive,
hold, lease, convey and dispose of real and personal property for the general interests of the
City; to expropriate or condemn private property for public use; to contract and be contracted
with, to sue and be sued; to prosecute and defend to final judgment and execution suits wherein
the City is involved or interested in; and to exercise all the powers under Sections 18, 19, 20,
and 21 of the Local Government Code of 1991, as amended, subject to the limitations provided

therein.

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

general welfare.

Within its territorial jurisdiction, the City shall ensure and support, among other things, the
preservation and enrichment of its culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of appropriate and self-

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reliant scientific and technological capabilities, improve public morals, enhance economic
prosperity and social justice, promote full employment among its residents, maintain peace and

order, and preserve the comfort and convenience of its inhabitants.

Section 6. Liability for Damages. The City and its officials shall not be exempt from liability
for death or injury to persons or damage to property done or caused as a consequence or result

of the discharge or performance of official functions within the scope of their duti

Section 7. Jurisdiction of the City. The jurisdiction of the City of Malay Boracay, for police
purposes only, shall be coextensive with its territorial jurisdiction and for the purpose of
protecting and insuring the purity of the water supply of the city, such police jurisdiction shall
also extend over all territory within the drainage area of such water supply, or within one
hundred meters of any reservoir, conduit, canal, aqueduct or pumping station used in

connection with the city water service.

The city court of the city shall have concurrent jurisdiction with the city or municipal courts of
adjoining municipalities or cities, to try crimes and misdemeanors committed within said

drainage area, or within said spaces of one hundred (100) meters.

The court, first taking cognizance of such an offense, shall have jurisdiction to try said cases
to the exclusion of others. But any license that may be issued within said zone, area, or spaces
shall be granted by the proper authorities of the city or municipality concemed, and the fees
arising therefrom shall accrue to the treasury of the said city or municipality.

ARTICLE II
OFFICIALS IN GENERAL

Section 8. Officials of the City of Malay Boracay.

(a) There shall be in the City of Malay Boracay a City Mayor, a Vice Mayor, and Sangguniang,
Panlungsod Members. The appointive city officials are as follows:

1) Secretary to the Sangguniang Panlungsod

2) City Administrator

3) City Treasurer and an Assistant City Treasurer

4) City Assessor and an Assistant City Assessor

5) City Accountant


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6) City Budget Officer

7) City Planning and Development Officer

8) City Engineer

9) City Health Officer

10) City Civil Registrar

11) City Legal Officer

12)City Veterinarian

13) City Social Welfare and Development Officer
14) City General Services Officer

15) City Disaster Risk Reduction Management Officer
16)City Public Employment and Services Officer
17) City Tourism Officer

18) City Youth Development Officer

19) City Cooperatives Development Officer

20) City Persons with Disability Affairs Officer

21) City Office of the Senior Citizens Affairs Head
22) City Agricultural and Biosystems Engineer

23) City Agriculturist

24) City Population Officer

25) City Environment and Natural Resources Officer
26) City Human Resource Management Officer

27) City Zoning Administrator

28) City Business Permitting and Licensing Officer
29) City Economic Enterprise and Development Officer
30) City Transportation Regulation Officer

31) City College Administrator

32) City Building and Architecture Officer

33) City Sports Development Officer

34) City Public Information Officer

The City of Malay Boracay shall maintain a City Fire Station to be headed by a City Fire
Marshal and a City Jail to be headed by a City Jail Warden.

The City of Malay Boracay, through the Sangguniang Panlungsod, may:


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1. Maintain existing offices not mentioned in subsections hereof,

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

3. Consolidate the functions of any office with those of another in the interest of

efficiency and economy.

Unless otherwise provided herein, all appointive city officials of the City shall be appointed by
the City Mayor with the concurrence of the majority of all the Sangguniang Panlungsod
Members, subject to Civil Service Law, rules, and regulations. The Sangguniang Panlungsod
shall act on the appointment within fifteen (15) days from the date of its submission; otherwise,

the same shall be deemed confirmed.

ARTICLE IE
THE CITY MAYOR AND CITY VICE-MAYOR

Section 9. The City Mayor. (a) The City Mayor shall be the Chief Executive of the City and
shall be elected at large by the qualified voters of the City.

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

The City Mayor, who shall hold office for three (3) years unless sooner removed, and
shall not serve for more than three (3) consecutive terms in the same position, shall
receive a minimum monthly compensation corresponding to Salary Grade (SG) 30 as.
prescribed under Republic Act No. 6758, as amended, otherwise known as the
Compensation and Position Classification Act of 1989, and the implementing
guidelines issued pursuant thereto and such other compensation, emoluments, and

allowances as may be determined by law.

(b) The City Mayor, as the Chief Executive of the City Government, shall exercise such
powers and perform such duties and functions as provided under the Local Government

Code of 1991, as amended, this Act, and other laws.


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(c) For efficient, effective, and economical governance, the purpose of which is the

general welfare of the City and its inhabitants, the City Mayor shall:

(1) Exercise general supervision and control over all programs, projects,

services, and activities of the City Government and, in this connection, shall:

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

(ii) Direct the formulation of the City Development Plan with the
assistance of the City Development Council and, upon approval thereof

by the Sangguniang Panlungsod, implement the same;

(iii) Present the program of government and propose policies and
projects for the consideration of the Sangguniang Panlungsod at the
opening of the regular session of the Sangguniang Panlungsod every
calendar year and, as often as may be deemed necessary, as the general
welfare of the inhabitants and the needs of the City Government may

require;

(iv) Initiate and propose legislative measures to the Sangguniang
Panlungsod and, as often as may be deemed necessary, provide such
information and data needed or requested by said Sanggunian in the

performance of its legislative functions;

(v) Appoint all officials and employees whose salaries and wages are
wholly or mainly paid out of city funds and whose appointments are not
otherwise provided 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;

(vi) Represent the City in all its business transactions and sign on its
behalf all bonds, contracts, obligations, and such other documents upon
the authority of the Sangguniang Panalungsod or pursuant to law or

ordinance;


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(vii) Carry out such emergency measures as may be necessary during

and in the aftermath of man-made and natural disasters and calamities;

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wages of the officials and employees of the City, in accordance with law

Determine the time, manner, and place of payment of salaries or

or ordinance;

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

(x) Ensure that all executive officials and employees of the City
faithfully discharge their duties and functions as provided for by law and
the Local Government Code of 1991, as amended, and cause to be
instituted administrative or judicial proceedings against any official or
employee of the City who may have committed an offense in the
performance of official duties;

(xi) 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 or assigned to the City to make available such
books, records and other documents in their custody except those
classified by law as confidential;

(xii) Furnish copies of executive orders issued by the City mayor to the
Office of the Provincial Governor within seventy-two (72) hours after

their issuance;

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months, to deepen his understanding of problems and conditions, to

Visit component barangays of the City, at least once every six (6)

listen and to give appropriate counsel to local officials and inhabitants,
to inform component barangay officials and inhabitants of general laws
and ordinances which especially concern them, and other wise, conduct
visits and inspections to ensure that the governance of the City will
improve the quality of life of inhabitants;


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(xiv) Act on leave applications of appointed officials and employees and
the commutation of the monetary value of their leave credits in

accordance with law;

(xv) Authorize official trips of city officials and employees outside of
the City for a period not exceeding thirty (30) days: Provided, That trips
abroad for longer periods may be authorized in accordance with the

Local Government Code of 1991, as amended;

(xvi) Call upon any national official or employee stationed in or
assigned to the City for advice on matters affecting the City and make

recommendations thereon;

(xvii) Coordinate with said officials or employees in the formulation and
the implementation of plans, programs, and projects; and when
appropriate, initiate an administrative or judicial action against a
National Government official or employee, who may have committed
an offense in the performance of the official duties while stationed in or
assigned to the City;

(xviii) Authorize payment for medical case, 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;

(xix) Solemnize marriages, any provision of law to the contrary

notwithstanding;

(xx) Conduct an annual Palarong Panlungsod which shall feature
traditional sports and disciplines included in national and international

games, in coordination with the Department of Education (DepEd); and

(xxi) Submit to the provincial governor of the following reports an
annual report containing a summary of all matters pertinent to the
management, administration, and development of the City and all

information and data relative to its political, social and economic


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conditions; supplemental reports when unexpected events and situations
arise at any time during the year, particularly when man-made or natural

disasters or calamities affect the general welfare of the City.

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

(H Ensure that the acts of the City's component barangays and of its officials
and employees are in accordance with the scope of their prescribed powers,

duties, and functions;

(ii) Call for the conduct of 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 subjects as may be deemed important for the promotion of
the general welfare of the LGU and its inhabitants;

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

(i) Require the 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 in the Local Government Code of 1991, as
amended;

(ii) Prepare and submit to the Sangguniang Panlungsod for approval the
executive and supplemental budgets of the City for the ensuing calendar year in
the manner provided for under the Local Government Code of 1991, as

amended;


245 (iii) Ensure that all taxes and other revenues of the City are collected and that

246 city funds are applied to the payment of expenses and settlement of obligations
247 of the City, in accordance with law or ordinance;

248 (iv) Issue licenses and permits and suspend or revoke the same for any violation
249 of the conditions stipulated by law or ordinance and upon which said licenses
250 or permits had been issued;

251 (v) Issued permits, without need of approval therefor from any national agency,
252 for the holding of activities for any charitable or welfare purpose, excluding
253 prohibited games of chance or shows contrary to law, public policy, and public
254 morals;

255 (vi) Require owners of illegally constructed houses, buildings or other structures
256 to obtain the necessary permits, subject to such fines and penalties as may be
257 imposed by law or ordinance, or to make necessary changes in the construction
258 of the same when said construction violates any law or ordinance, or to order
259 the demolition or removal of said house, building or structure within the period
260 prescribed by law or ordinance;

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

263 (viii) Provide efficient and effective property and supply management for the
264 City Government, and protect the funds, credits, rights, and other properties of
265 the City; and

266 (ix) Institute or cause to be instituted administrative or judicial proceedings for
267 violation of ordinances in the collection of taxes, fees, or charges, and for the
268 recovery of funds and property; and cause the City to be defended against all
269 suits to ensure that its interests, resources, and rights are adequately protected.
270 (4) Ensure the delivery of basic services and the provision of adequate facilities and, in
271 addition thereto:

272 (i) Ensure that the construction and repair of roads and highways funded by the
273 National Government shall be, as far as practicable, carried out in a spatially

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contiguous manner and in coordination with the construction and repair of the

roads and bridges of the City and the province;

(ii) Coordinate the implementation of technical services, including public works

and infrastructure programs, rendered by national offices and provincial offices.

(5) Exercise such other powers and perform such other duties and functions as provided
under the Local Government Code of 1991, as amended, and those that are prescribed

by law or ordinance.
(d) The City Mayor shall hold office in the City Hall of the City of Malay Boracay.

The Office of the Mayor may create the following offices, which will be supervised by an
officer with a salary equivalent to City Assistant Department Head, to effectively and

efficiently deliver services:
(1) City Procurement Management Division
(2) City Internal Audit Division
(3) City Information and Communications Technology Development Division

(4) City Public Order and Safety Division

tion 10. The City Vice Mayor. - (a) There shall be a City Vice-Mayor who shall be elected

in the same manner as the City Mayor and shall at the time of the election possess the same

qualifications as the City Mayor. The City Vice-Mayor shall hold office for three (3) years,
unless sooner removed, and who shall not serve for more than three (3) consecutive terms in
the same position, shall receive a monthly compensation corresponding to SG 26 as prescribed
under the Compensation and Position Classification Act of 1989, as amended, and the
implementing guidelines issued pursuant thereto, and such other compensation, emoluments

and allowances as may be determined by law.
(b) The City Vice-Mayor shall exercise the following duties:

(1) Actas presiding officer of the Sangguniang Panlungsod and sign all warrants
drawn on the City Treasury for all expenditures appropriated for the operation
of the Sangguniang Panlungsod.


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(2) Subject to civil service law, rules, and regulations, appoint all officials and
employees, including the secretary of the Sangguniang Panlungsod, except that
manner of appointment is specifically provided under the Local Government

Code of 1991, as amended;

(3) Assume the office of the City Mayor for the unexpired term of the latter in
the event of permanent vacancy as provided under the Local Government Code
of 1991, as amended;

(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

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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Section 11. Composition and Compensation. (a) The Sangguniang Panlungsod, the
legislative body of the City, shall be composed of the City Vice-Mayor as the presiding officer,
ten (10) regular Sanggunian Members, the President of the City Chapter of the Liga ng mga
Barangay, the President of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan and
the three (3) sectoral representatives from the following sectors, as members: one (1) from the
woman sector; and, as shall be determined by the Sangguniang Panlungsod within ninety (90)
days prior to the holding of the local elections, one (1) from the agricultural or industrial
workers sector; and one (1) from the other sectors, including the urban poor, indigenous

cultural communities, or persons with disabilities (PWDs).

The regular member shall be elected by district, with each district electing five (5) members of
the Sangguniang Panlungsod, as follows:

(1) The 1* district to be known as The District of Mainland Malay is composed of
the fourteen (14) barangays that are geographically located in Mainland Malay:

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Barangay Caticlan, Sambiray, Argao, Napaan, Cogon, Cubay Norte, Cubay Sur,
Nabaoy, Motag, Balusbos, Poblacion, Dumlog, Kabulihan, and Naasug; and

(2) The 2" district to be known as The District of Boracay Island is composed of
the three barangays in Boracay Island: Manocmanoc, Balabag, and Yapak.

(b) The regular members of the Sangguniang Panlungsod and the sectoral

representatives shall be elected in the manner as may be provided for by law.

(©) The members of the Sangguniang Panlungsod shall receive a minimum monthly
compensation corresponding to SG 25 as prescribed under the Compensation and
Position Classification Act of 1989, as amended, and the implementing guidelines

issued pursuant thereto.

Section 12. Powers, Duties, and Functions. - (a) The Sangguninang Panlungsod, as the
legislative body of the City, shall enact ordinances, approve resolutions and appropriate funds
for the general welfare of the City and its inhabitants pursuant to Section 16 of the Local
Government Code of 1991, as amended, and in the proper exercise of the corporate powers of
the City as provided under Section 22 of the Local Government Code of 1991, as amended,
and in the proper exercise of the corporate powers of the City as provided under Section 22 of
the Local Government Code of 1991, as amended, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective

City Government, and relative hereto shall:

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

(ii) Maintain peace and order by enacting ordinances to prevent and suppress
lawlessness, disorder, riot, violence, rebellion, or sedition and impose penalties

for the violation of said ordinances;

Approve ordinances imposing a fine not exceeding Five thousand pesos

(P5,000) or an imprisonment for a period not exceeding one (1) year, or both at
the discretion of the court, for violation of a city ordinance;

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(iv) Adopt measures to protect the inhabitants of the City from the harmful
effects of man-made or natural disasters and calamities, and to provide relief
services and assistance for victims during and in the aftermath of said disasters

or calamities and in their return to productive livelihood following said events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate
penalties for habitual drunkenness in public places, mendicaney, prostitution,
establishment and maintenance of houses of ill-repute, gambling and other
prohibited games of chance, fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug dens, drug pushing, juvenile
delinquency, the printing, distribution or exhibition of obscene or pornographic
materials or publications, and such other activities inimical to the welfare and

morals of the inhabitants of the City

(vi) Protect the environment and impose appropriate penalties for acts which
endanger the environment, such as dynamite fishing and other forms of
destructive fishing, illegal logging, smuggling of logs, smuggling of natural
resources products and of endangered species of flora and fauna, slash-and-burn
farming and such other activities which result in pollution or in the acceleration

of siltation of rivers and lakes, or in ecological imbalance;

(vii) Subject to the provisions of the Local Government Code of 1991, as
amended, and the pertinent laws, determine the powers and duties of officials

and employees of the City;

(viii) Consistent with the Compensation and Position Classification Act of
1989, as amended, determine the positions and the salaries, wages, allowances,
and other emoluments and benefits of officials and employees paid wholly or
mainly from city funds and provide for expenditures necessary for the proper
conduct of programs, projects, services, and activities of the City Government;

(ix) Authorize the payment of compensation to a qualified person, not in the
government service, who fills a temporary vacancy, or grant an honorarium to
any qualified official or employee designated to fill a temporary vacancy in a
concurrent capacity, at the rate authorized by law;

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(x) Provide a mechanism and the appropriate funds therefor to ensure the safety
and protection of all City Government property, public documents, or records
such as those relating to property inventory, land ownership, record of births,
marriages, deaths, assessments, taxation, accounts, business permits and such
other records and documents of public interest in the offices and department of

the government,

(xi) When the finances of the City Government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary and
high school teachers, and other National Government officials stationed in or

assigned to the Cit

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

(xiii) Provide for group insurance or additional insurance coverage for all
barangay officials, including members of barangay tanod brigades and other
service units, by public or private insurance companies, when the finances of

the City Government allow and coverage.

(2) Generate and maximize 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 particular attention to agro-industrial
development and city-wide growth and progress, and relative thereto, shall:

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

(ii) Subject to the provisions of Book II of the Local Government Code of 1991,
as amended, and applicable laws, and upon the majority vote of all the members
of the Sangguniang Panlungsod, enact an ordinance levying taxes, fees, and
charges, prescribing the rates thereof for general and specific purposes, and

granting tax exemptions, incentives, or reliefs;

15


418
419
420
421

422
423
424
425
426

427
428
429
430
431

432
433

434
435
436

437
438

44s
446

i
as amended, and upon the majority vote of all the members of the Sangguniang

Subject to the provisions of Book I of the Local Government Code of 1991,

Panlungsod, authorize the City Mayor to negotiate and contract loans and other
forms of indebtedness;

(iv) Subject to the provisions of Book II of the Local Government Code of 1991,
as amended, and applicable laws, and upon the majority vote of all the members
of the Sangguniang Panlungsod, enact ordinances authorizing the floating of
bonds or other instruments of indebtedness, for the purpose of raising funds to

finance development projects;

(v) Appropriate funds for the construction and maintenance of the rental of
buildings for the use of the City; and, upon the majority vote of all the members
of the Sangguniang Panlungsod authorized by the City Mayor to lease to private
parties such public buildings held in proprietary capacity, subject to existing

laws, rules, and regulations;

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

(vii) Adopt a comprehensive land use plan for the City: Provided, That the
formulation, adoption, or modification of said plan shall be in coordination with

the approved provincial comprehensive land use plan;

(viii) Reclassify lands within the jurisdiction of the City subject to the pertinent

provisions of the Local Government Code of 1991, as amended;

(ix) Enact an integrated zoning ordinance in consonance with the approved
comprehensive land use plan, subject to existing laws, rules, and regulations;
establish fire limits or zones, particularly in populous centers, and regulate the
construction, repair, or modification of buildings within said fire limits or zones.

in accordance with the provisions of the Fire Code of the Philippines;

(x) Subject to national law, process and approve subdivision plans for
residential, commercial or industrial purposes and other development purposes,

and to collect processing fees and other charges, the proceeds of which shall

16


447

449
450

451
452
453
454

455
456
487

458
459

460

461
462
463

465

470

a7.
a72
473
474

accrue entirely of the City: Provided, however, That where approval of a
national agency or office is required, said approval shall not be withheld for
more than thirty (30) days from receipt of the application. Failure to act on the
application within the period stated above shall be deemed as approval thereof,

(xi) With the concurrence of at least two-thirds (2/3) of all the members of the
Sangguniang Panlungsod, grant tax exemptions, incentives, or reliefs to entities
engaged in community growth-inducing industries, subject to the provisions of
the Local Government Code of 1991, as amended;

(xii) Grant loans or provide grants to other LGUs or to national, provincial, and
city charitable, benevolent, or educational institutions: Provided, That said

institutions are operated and maintained within the City;

(xiii) Implement a numbering system for residential, commercial, and other

buildings in the City; and
(xiv) 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 that grant franchises and authorize the issuance of permits or licenses, upon
conditions and for purposes that promote the general welfare of the inhabitants of the
City, and pursuant to this legislative authority, perform the following duties and
functions:

(i) Fix and impose reasonable fees and charges for all services rendered by the

City Government to private persons or entities;

(ii) Regulate or fix license fees for any business or practice of profession within
the City and the conditions under which the license for said 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 publie 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;

17


475 (iv) Regulate the display of and fix the license fees for signs, signboards, or

476 billboards at the place or places where the profession or business advertised
477 thereby is, in whole or in part, conducted;

478 (v) Any law to the contrary notwithstanding, authorize and license the
479 establishment, operation, and maintenance of cockpits, and regulate
480 cockfighting and commercial breeding of gamecocks: Provided, That existing
481 rights should not be prejudiced;

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

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

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

493 (i) Declare, prevent, or abate any nuisance;

494 (ii) Within the concurrence of the majority of the members of the Sangguniang
495 Panlungsod expressed during a meeting, deny the entry of legalized gambling
496 by ordinance into any part of the City;

497 (iii) Require that buildings and the premises thereof and any land within the City
498 be kept and maintained in a clean and sanitary condition; impose penalties for
499 any violation thereof; or upon failure to comply with said requirement, have the
500 work done at the expense of the owner, administrator or tenant concerned; or
501 require the filling of any land or premise to a grade necessary for proper
502 sanitation;

18


503
504

505
506
507

510
511
512

513
514
515
516
517
518
519
520

521
522
523

524
525
526
527

528
529
530

(iv) Regulate the disposal of clinical and other wastes from hospitals, clinics,

and other similar establishments;

(v) Regulate the establishment, operation, and maintenance of cafes,
restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses,

and other similar establishments, including tourist guides and transportation;

(vi) Regulate the sale, giving away, or dispensing of any intoxicating malt, wine,

or 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 storage of inflammable and highly

combustible materials within the City;

(viii) Regulate the establishment, operation, and maintenance of any
entertainment or amusement facilities, including theaters, circuses, billiard
halls, public dancing schools, public dance halls, sauna baths, massage parlors,
and other places for entertainment or amusement; regulate such other events or
activities for amusement or entertainment, particularly those which tend to
disturb the community or annoy the inhabitants, or require the suspension or
suppression of the same; or prohibit certain forms of amusement or

entertainment in order to protect the social and moral welfare of the community;

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

regulations; and

(x) Enforce impounding activities to contain stray animals; designate a pound
area; regulate the keeping of animals in homes or as a part of business, and the
slaughter, sale, or disposition of the same; and adopt measures to prevent and

penalize animal cruelty.

(5) Approve ordinances which shall ensure the efficient and effective delivery of the
basic services and facilities as provided under Section 17 of the Local Government

Code of 1991, as amended, and in addition to said services and facilities, shall:

19


531
532
533

534
535
536

537
538

539

542
543
544
545
546

547
548,
549
550

551
552
553
554
555
556
557
558
559
560

(i) Provide for the establishment, maintenance, protection, and conservation of
communal forests and watersheds, tree parks, green belt lands, mangroves, and

other similar forest development projects;

(ii) Establish markets, slaughterhouses, or animal corrals and authorize the
operation thereof by the City Government; and regulate the construction and

operation of private markets, talipapa, or other similar buildings and structures;

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

(iv) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and
other public places and approve the construction, improvement, repair and
maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicles which serve the public;
regulate garages and operation of conveyances for hire; designate stands to be
‘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;

(v) Regulate traffic on all streets and bridges; prohibit encroachments or
obstacles thereon and, when necessary in the interest of public welfare,
authorize the removal of encroachments and illegal constructions in public

places;

(vi) Subject to existing law, establish and provide for the maintenance, repair,
and operation of an efficient waterworks system to supply water for the City's
inhabitants and ti purify the source of water supply; regulate the construction,
‘maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect
the purity and quantity of the water supply of the City and, for this purpose,
extend the coverage of appropriate ordinances over all territories within the
drainage area of said water supply and within one hundred (100) meters 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 therefor;

20


561
562
563
564
565
566
567
568

569
570
571
572
573

574
575
576
S77
578
579

580
581

582
583

584
585
586

587
588
589

(vii) Regulate the drilling and excavation of the ground for the laying of water,
gas, sewer, and other pipes, telecommunication cable wires and the
construction, repair and maintenance of public drains, sewers, cesspools,
tunnels and similar structures; regulate the placing of poles and the use of cross
walks, curbs and gutters; adopt measures to ensure public safety against open
canals, manholes, live wires and other similar hazards to life and property; and
regulate the construction and use of private water closets, privies and other

similar structures in buildings and homes;

(viii) Regulate the placing, stringing, attaching, installing, repairing, and
construction of all gas mains, electric telegraph and telephone wires, conduits,
meters, and other apparatus; and provide for the correction, condemnation, or
removal of the same when found to be dangerous, defective, or otherwise

hazardous to the welfare of the inhabitants;

(ix) Subject to the availability of funds and to existing laws, rules and
regulations, establish and provide for the operation of vocational and technical
schools and similar post-secondary institutions and, with the approval of the
DepEd and Technical Education and Skills Development Authority (TESDA),
as the case may be, fix and collect reasonable tuition fees and other school

charges in educational institutions supported by the City Government;

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

(xi) Approve measures and adopt quarantine regulations to prevent the

introduction and spread of diseases;

(xii) 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 wastes;

(xiii) Provide for the care of PWDs, paupers, the elderly, the sick, persons of
unsound mind, abandoned minors, juvenile delinquents, drug dependents,
abused children and the youth below eighteen (18) years of age; and subject to

2


590
591

592
593

595
596
597
598

599
600
601
602
603

604
605
606

607
608

609
610
611

612

613
614
615
616
617

availability of funds, establish and provide for the operation of centers and
facilities for the said needy and disadvantaged persons;

(xiv) 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 detained and convicted prisoners in the City;

(xv) Establish a council which shall promote culture and the arts, coordinate
with government agencies and nongovernmental organizations, and, subject to
the availability of funds, appropriate funds for the support and development of

the same; and

(xvi) Establish a council for the elderly which shall formulate policies and adopt
measures mutually beneficial to the elderly and to the community; provide
incentives for nongovernmental agencies and entities, and, subject to the
availability of funds, appropriate funds to support programs and projects for the
benefit of the elderly.

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

ordinance.

ARTICLE V
PROCESS OF LEGISLATION

Section 13, Internal Rules of Procedure. On the first regular session following the election
of its members and within ninety (90) days thereafter, the Sangguniang Panlungsod shall adopt

or update its existing rules and procedures.
The rules of procedure shall provide for the following:

(a) The organization of the Sanggunian and the election of its officers as well as the
creation of standing committees which shall include, but shall not be limited to, the
Committees on Appropriations, Revenues, Engineering and Public Works, Education,
Health, Women, Family, Human Rights, Youth and Sports Development,

Environmental Protection, Peace and Order and Traffic, and Cooperatives; the general

22


618
619

620

621

622
623

624
625
626
627
628
629
630
631

632

633
634
635
636
637
638
639

jurisdiction of each committee; and the election of the chairman and members of each

committee;
(b) The order and calendar of business for each session;
(c) The legislative process;

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

sessions;

(©) The discipline of members for disorderly behavior and absences without justifiable
cause for four (4) consecutive sessions for which they may be censured, reprimanded
or excluded from the session, suspended for not more than sixty (60) days, or expelled:
provided, that the penalty of suspension or expulsion shall require the concurrence of
at least two-third (24) vote of the Sanggunian Members: provided, further, that a
member convicted by final judgment to imprisonment of at least one (I) year for any
crime involving moral turpitude shall be automatically expelled from the Sanggunian;
and

(f) Such other rules as the Sanggunian may adopt.

Section 14, Full Disclosure of Financial and Business Interests of Sangguniang
Panlungsod Members. ~ (a) Every Sangguniang Panlungsod Member shall, upon assumption
of office, make a full disclosure of his business and financial interests. He shalll also disclose
any business, financial, professional relationship, or any relation by affinity or consanguinity
within the fourth civil degree, which he or she may have with any person, firm, or entity
affected by any ordinance or resolution under consideration by the Sanggunian of which he or
she is a member, which relationship may result in a conflict of interest. Such a relationship

shall include:

(1) Ownership of stock or capital, or investment in the entity or firm to which

the ordinance or resolution may apply; and

(2) Contracts or agreements with any person or entity that the ordinance or

resolution under consideration may affect.

23


646
647
648
649

650
651
652
653

654
655
656
657

658
659

661

663

667
668
669
670

671
672
673

In the absence of a specific constitutional or statutory provision applicable to this

situation, “conflict of interest” refers in general to one where it may be reasonably

deduced that a member of the Sanggunian may not act in the public interest due to some
private, pecuniary or other personal considerations that may tend to affect his judgment

to the prejudice of the service or the public.

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

be made in the following manner:

(1) Disclosure shall be made before the member participates in the deliberations
on the ordinance or resolution under consideration: provided, that if the member
did not participate during the deliberations, the disclosure shall be made before

voting on the ordinance or resolution on second and third readings; and

(2) Disclosure shall be made when a member takes a position or makes a
privileged speech on a matter that may affect the business interest, financial

connection, or professional relationship described herein.

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

‘Sangguniang Panlungsod and twice a month for the Sangguniang Barangay.

(b) When public interest so demands, special sessions may be called by the City Mayor

or by a majority of the members of the Sanggunian.

(©) All Sanggunian sessions shall be open to the public unless a closed-door session is
ordered by an affirmative vote of a majority of the members present, there being a
quorum, in the public interest or for reasons of security, decency, or morality. No two

(2) sessions, regular or special, may be held in a single day.

(@) In the case of special sessions of the Sanggunian, a written notice to the members
shall be served personally at the member’s usual place of residence at least twenty-four

(24) hours before the special session is held.

24


674
675
676

677
678

Unless concurred in by a two-thirds (2) vote of the Sanggunian Members present,
there being a quorum, no other matters may be considered at a special session except

those stated in the notice.

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

Section 16. Quorum. - (a) A majority of all the members of the Sanggunian who have been
elected and qualified shall constitute a quorum to transact official business. Should a question
of quorum be raised during a session, the Presiding Officer shall immediately proceed to call

the roll of the members and thereafter announce the results.

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

Malay Boracay, to arrest the absent member and present him at the session.

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

of quorum,

Section 17. Approval of Ordinances. — (a) Every ordinance enacted by the Sangguniang
Panlungsod shall be presented to the City Mayor. If the City Mayor approves the same, he shall
affix his signature on each and every page thereof; otherwise, he shall veto it and return the
same with his objections to the Sanggunian, which may proceed to reconsider the same. The
Sanggunian may override the veto of the City Mayor by a two-thirds (23) vote of all its

members, thereby making the ordinance or resolution effective for all legal intents and

purposes.

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

25


702
703
704

705
706
707
708
709
710
711
712

713
714
7s

n6
ny
8
ng
720

71
22
23
724
5
726
nm

728
ns
730
71
732

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

welfare, stating his reasons therefor in writing.

(b) The City Mayor shall have the power to veto any particular item or items of an
appropriations ordinance, an ordinance or resolution adopting a local development plan
and public investment program, or an ordinance directing the payment of money or
creating liability. In such a case, the veto shall not affect the item or items that are not
objected to. The vetoed item or items shall not take effect unless the Sangguniang
Panlungsod overrides the veto in the manner herein provided; otherwise, the item or
items in the appropriation ordinance of the previous year corresponding to those vetoed,

if any, shall be deemed reenacted.

(©) The City Mayor may veto an ordinance or resolution only once. The Sanggunian
may override the veto of the City Mayor by a two-thirds (2) vote of all its members,
thereby making the ordinance effective even without the approval of the City Mayor.

Section 19. Review of Ordinances or Resolutions by the Sangguniang Panlalawigan. — (a)
Within three (3) days after approval, the secretary to the Sangguniang Panlungsod or
Sangguniang Bayan shall forward to the Sangguniang Panlalawigan for review, copies of
approved ordinances and the resolutions approving the local development plans and public

investment programs formulated by the local development councils.

(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions,
the Sangguniang Panlalawigan shall examine the documents or transmit them to the
provincial attorney, or if there be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial prosecutor shall, within a period of
ten (10) days from receipt of the documents, inform the Sangguniang Panlalawigan in
writing of his comments or recommendations, which may be considered by the

Sangguniang Panlalawigan in making its decision

(©) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is
beyond the power conferred upon the Sangguniang Panlungsod or Sangguniang Bayan
concerned, it shall declare such ordinance or resolution invalid in whole or in part. The
Sangguniang Panlalawigan shall enter its action in the minutes and shall advise the

corresponding city or municipal authorities of the action it has taken.

26


733
734
75

736
737
738
RB9

740
741

742
743
744
745
746
747

748,
749
750
751.

752
753
754
755
756
757

758
759
760
761

(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days
after submission of such an ordinance or resolution, the same shall be presumed

consistent with law and therefore valid.

Section 20. Review of Barangay Ordinances by Sangguniang Panlungsod. — (a) Within ten
(10) days after enactment, the Sangguniang Barangay shall furnish copies of all barangay
ordinances to the Sangguniang Panlungsod for review as to whether the ordinances are

consistent with law and city ordinances.

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

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

the revision called for is effected.

Section 21. Enforcement of Disapproved Ordinances or Resolutions. Any attempt to
enforce any ordinance or any resolution approving the Local Development Plan and Public
Investment Program after the disapproval thereof shall be sufficient ground for the suspension

or dismissal of the official or employee concerned.

Section 22. Effectivity of Ordinances or Resolutions. ~ (a) Unless otherwise stated in the
ordinance or the resolution approving the Local Development Plan and Public Investment
Program, the same shall take effect after ten (10) days from the date a copy thereof is posted in
a bulletin board at the entrance of the city hall of Malay Boracay, and in at least two (2) other
conspicuous places in the City of Malay Boracay not later than five (5) days after approval

thereof.

(b) The Secretary of the Sangguniang Panlungsod shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the City Hall of Malay
Boracay, and in at least two (2) conspicuous places in the City of Malay Boracay not

later than five (5) days after approval thereof.

27


762
763
764

765
766
767
768

769
770

m
772

774
775

776

m7
778

779

780

781
782
783

784

786
787
788

The text of the ordinance or resolution shall be disseminated and posted in Filipino or
English, and the Secretary of the Sangguniang Panlungsod shall record such fact in a
book kept for the purpose, stating the date of approval and posting.

(c) The gist of all ordinances with penal sanctions shall be posted at prominent places
in the City Hall, for a minimum period of three (3) consecutive weeks. Such ordinances
shall also be published in a newspaper of general circulation within the City and on the

City's official website.

ARTICLE VI
DISQUALIFICATION AND SUCCESSION OF ELECTIVE CITY OFFICIALS

Section 23. Disqualifications of Elective Public City Offi
disqualified from running for any elective position in the city:

Is. The following persons are

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

after serving the sentence;
(b) Those removed from office as a result of an administrative case;

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

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

() Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of the Local

Government Code; and
(g) The insane or feeble-minded.

Section 24, Permanent Vacancy in the Office of the City Mayor and City Vice Mayor. If
a permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor concemed
shall become the City Mayor. Ifa permanent vacancy occurs in the Offices of the Mayor or the
City Vice Mayor, the highest ranking Sangguniang Panlungsod Member or, in case of his

28


789

791
792

793

797
798

799
800
801

802

803

805

807

810
811

812
813
814

815
816
817

permanent incapacity, the second highest Sangguniang Panlungsod Member shall become the
City Mayor or City Vice Mayor, as the case may be. Subsequent vacancies in said offices shall
be filled automatically by the other Sanggunian Members according to their ranking as defined
under the Local Government Code of 1991, as amended.

For purposes of this act, a permanent vacancy arises when an elective local official fills a higher
vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily

resigns, or is otherwise permanently incapacitated to discharge the functions of the office.

For purposes of succession as provided in this Act, ranking in the Sanggunian shall be
determined on the basis of the proportion of votes obtained by each winning candidate to the

total number of registered voters in the city in the immediately preceding local election.

Section 25. Permanent Vacancies in the Sangguniang Panlungsod. ~ (a) Permanent
vacancies in the Sangguniang Panlungsod where automatic succession as provided above does

not apply shall be filled by appointment in the following manner:
(1) The Provincial Governor shall make the aforesaid appointment;

(2) Only the nominee of the political party under which the Sanggunian Member
concemed had been elected shall be appointed in the manner herein provided. The
appointee shall come from the same political party as that of the Sanggunian Member
who caused the vacancy and shall serve the unexpired term of the vacant office. In the
appointment herein mentioned, a nomination and a certificate of membership of the
appointee from the highest official of the political party concerned are conditions sine
qua non, and any appointment without such nomination and certification shall be null
and void ab initio and shall be a ground for administrative action against the official

responsible therefor;

(3) In case the permanent vacancy is caused by a Sanggunian Member who does not
belong to any political party, the City Mayor shall, upon recommendation of the
Sangguniang Panlungsod, appoint a qualified person to fill the vacancy; and

(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.

29


818
819
820
821
822
823
824

825
826
827
828

829
830
831
832
833

834
835
836
837
838

Section 26. Temporary Vacancy in the Office of the City Mayor. - (a) When the City Mayor
is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not
limited to, leave of absence, travel abroad, and suspension from office, the City Vice Mayor,
or the highest ranking Sangguniang Panlungsod Member shall automatically exercise the
powers and perform the duties and functions of the city mayor, except the power to appoint,
suspend or dismiss employees which can only be exercised if the period of temporary
incapacity exceeds thirty (30) working days;

() Said temporary incapacity shall terminate upon submission to the Sangguniang
Panlungsod of a written declaration by the City Mayor that he has reported back to
office. In cases where the temporary incapacity is due to legal causes, the City Mayor

shall also submit necessary documents showing that said legal causes no longer exist.

(©) When the City Mayor is travelling within the country but outside his territorial
jurisdiction for a period not exceeding three (3) consecutive days, he may designate in
writing the officer-in-charge of his office. Such authorization shall specify the powers
and functions that the local official concerned shall exercise in the absence of the City

Mayor, except the power to appoint, suspend, or dismiss employees.

(d) In the event, however, that the City Mayor fails or refuses to issue such
authorization, the City Vice Mayor, or the highest ranking Sangguniang Panlungsod
Member, as the case may be, shall have the right to assume the powers, duties and
functions of the said office on the fourth day of absence of the City Mayor, subject to

the limitations provided in subsection (c) hereof; and

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

case may be.

ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY:
QUALIFICATIONS, POWERS, AND DUTIES

30


846
847
848

850
851
852
853

854
855

856
857

858
859

861
862
863
864

865
866
867

869
870

871
872
873

Section 27. The Secretary of the Sangguniang Panlungsod. — (a) There shall be a Secretary
to the Sangguniang Panlungsod who shall be a career official with the rank and salary equal to
a head of department or office and who shall be appointed by the City Vice Mayor.

(b) No person shall be appointed Secretary to the Sangguniang Panlungsod unless he is
a citizen of the Philippines, a resident of the City of Malay Boracay, 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 second-level civil service

eligible or its equivalent.

(c) The Secretary to the Sangguniang Panlungsod shall take charge of the office of the
Secretary to the Sangguniang Panlungsod and shall:

(1) Attend meetings of the Sangguniang Panlungsod and keep a journal of its

proceedings;

(2) Keep the seal of the city and affix the same with his signature to all
ordinances, resolutions, and other official acts of the Sangguniang Panlungsod

and present the same to the Presiding Officer for his signature;

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

amended;

(4) Forward to the Sangguniang Panlalawigan of Aklan copies of duly approved
ordinances, in the manner provided in Sections 56 and 57 of the Local

Government Code of 1991, as amended;

(5) Furnish, upon request of any interested party, certified copies of records of
public character in his custody, upon payment to the city treasurer of such fees

‘as may be prescribed by ordinance;

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

publication thereof,

31


3874
875

876
877
878
879

880
881

882
883
884

891
892

893
394

895
896
897
398
399
900

(7) Keep his office and all non-confidential records therein open to the public

during the usual business hours;

(8) Translate into the dialect used by the majority of the inhabitants all
ordinances and resolutions immediately after their approval and cause the
publication of the same together with the original version in the manner

provided under the Local Government Code of 1991, as amended;

(9) Take custody of the local archives and, where applicable, the local library

and annually account for the same; and

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

that are prescribed by law or ordinance.

Section 28. The City Administrator. — (a) The City Administrator must be a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, a holder of a
college degree preferably in Public Administration, Law, or any other related courses from a
recognized college or university, and a second-level civil service eligible or its equivalent. He
must have acquired experience in management and administration work for at least five (5)
years immediately preceding the date of his appointment.

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

(c) The City Administrator shall take charge of the Office of the City Administrator,
and shall:

(1) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with the management
of administration-related programs and projects which the City Mayor is
empowered to implement and which the Sangguniang Panlungsod is

empowered to provide under the Local Government Code of 1991, as amended;

32


901
902
903

905

907
908
909
910
911
912
913
914
915
916
917
918
919
920
921

922
923
924

925
926

927
928
929
930
931
932

(2) Assist in the coordination of the work of all the officials of the City under
the supervision, direction, and control of the City Mayor, and for this purpose,
may convene the chiefs of offices and other officials of the LGU;

(3) Establish and maintain a sound human resource development program
designed to promote career development and uphold the merit principle in the

local government service;

(4) Conduct a continuing organizational development program with the end in

view of instituting effective administrative reforms;

(5) Be in the frontline of the delivery of administrative support services,
particularly those related to the situations during and in the aftermath of man-

made and natural disasters and calamities;

(6) Recommend to the Sangguniang Panlungsod and advise the City Mayor on
all matters relative to the management and administration of the city; and

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

Section 29. The City Treasurer. — (a) The City Treasurer shall be appointed by the Secretary
of Finance from a list of at least three (3) ranking eligible recommended by the City Mayor,

subject to Civil Service Law, rules, and regulations.

(b) The City Treasurer shall be under the administrative supervision of the City Mayor,

to whom he shall report regularly on the tax collection efforts of the city.

(c) No person shall be appointed Treasurer unless he is a citizen of the Philippines, a
resident of the City of Malay Boracay, of good moral character, a holder of a college
degree preferably in Commerce, Public Administration or Law from a recognized
college or university, a basic competency on local treasury examination passer and a
second level civil service eligible or its equivalent. He must have acquired experience

in treasury or accounting service for at least five (5) years.

33


933
934

935

936
937
938

939

940

942

943
944
945

946

948
949

950
951
952

953
954
955
956
957
958

959
960

(d) The City Treasurer shall receive such compensation, emoluments, and allowances

as may be determined by law.
(e) The City Treasurer shall take charge of the City Treasurer’s Office, and shall:

(1) Advise the City Mayor, the Sangguniang Panlungsod, and other local
government and national officials concerned regarding the disposition of local

government funds and on such other matters relative to public finance;
(2) Take custody and exercise proper management of the funds of the city;

(3) Take charge of the disbursement of all funds of the city and such other funds
the custody of which may be entrusted to him by law or other competent

authority;

(4) Inspect private commercial and industrial establishments within the

jurisdiction of the city in relation to the implementation of tax ordinance

pursuant to the provisions of the Local Government Code of 1991, as amended;
(5) Maintain and update the tax information system of the city; and

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

that are prescribed by law or ordinance.

Section 30. The Assistant City Treasurer. - (a) The Assistant City Treasurer may be
appointed by the Secretary of Finance from a list of at least three (3) ranking eligible
recommended by the City Mayor, subject to Civil Service Law, rules, and regulations.

(b) No person shall be appointed Assistant City Treasurer unless he is a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, a holder
of a college degree preferably in Commerce, Public Administration or Law from a
recognized college or university, a basic competency on local treasury examination
passer, and a second level civil service eligible or its equivalent. He must have acquired

at least five (5) years of experience in Treasury or Accounting.

(c) The Assistant City Treasurer shall assist the City Treasurer and perform such duties
‘as may be assigned by the latter.


961

964

965
966

967
968
969
970
971
972

973
974

975
976

977
978
979
980
981
982
983
984
985
986
987
988
989

(d) The Assistant City Treasurer shall have authority to administer oaths concerning
notices and notifications to those delinquent in the payment of the real property tax and
concerning official matters relating to the accounts of the City Treasurer or otherwise
arising in the office of the City Treasurer and the City Assessor.

(e) The Assistant City Treasurer shall receive such compensation, emoluments, and

allowances as may be determined by law.

Section 31. The City Assessor. — (a) The City Assessor must be a citizen of the Philippines,
a resident of the City of Malay Boracay, of good moral character, a holder of a college degree
preferably in Civil Engineering, Commerce, or any other related course from a recognized
college or university, and a licensed Real Estate Appraiser. He must have acquired experience
in real property assessment work or in any related field for at least five (5) years immediately
preceding the day of his 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 Property Valuation and Assessment
Department, and shall:

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

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

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

(4) Install and maintain a real property identification and accounting system;
(5) Prepare, install, and maintain a system of tax mapping, showing graphically
all properties subject to assessment and gather all data concerning the same;
(6) Conduct frequent physical surveys to verify and determine whether alll real
properties within the city are properly listed in the assessment rolls;

(7) Exercise the functions of appraisal and assessment primarily for taxation

purposes of all real properties in the City;

35


1000
1001
1002
1003
1004
1005
1006

1007
1008
1009
1010
1011
1012

1013
1014

1015
1016

1017
1018

1019
1020

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

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

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

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

(12) Perform such other duties and functions and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance.

Section 32. The Assistant City Assessor. — (a) The Assistant City Assessor must be a citizen
of the Philippines, a resident of the City of Malay Boracay, of good moral character, a holder
of a college degree preferably in Civil Engineering, Commerce, or any related course from a
recognized college or university, and a licensed Real Estate Appraiser. He must have acquired
experience in assessment work or in any related field for at least three (3) years immediately

preceding the date of his appointment.

(b) The Assistant City Assessor shall assist the City Assessor and perform such other

duties as the latter may assign to him.

(c) The Assistant City Assessor shall have the authority to administer oaths on all
declarations of real property for purposes of assessment.

(d) The Assistant City Assessor shall receive such compensation, emoluments, and

allowances as may be determined by law.

Section 33. The City Accountant. — (a) The City Accountant must be a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, and a Certified

36


1021
1022

1023
1024

1025
1026

1027

1028
1029

1030
1031

1032
1033

1034
1035

1036
1037

1038
1039

1040
1041

1042
1043

1044
1045

Public Accountant. He must have acquired experience in the Treasury or Accounting service
for at least five (5) years immediately preceding the date of his appointment.

(b) The City Accountant shall receive such compensation, emoluments, and allowances

as may be determined by law.

(c) The City Accountant shall take charge of the accounting and internal audit services
of the city, and shall:

(1) Install and maintain an internal audit system in the city.

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

(3) Apprise the Sangguniang Panlungsod and other officials on the financial

condition and operations of the City;

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

(5) Review supporting documents before preparation of vouchers to determine

completeness of requirements;

(6) Prepare statements of cash advances, liquidation, 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 disbursement to the subsidiary ledgers and other appropriate

record-keeping instruments;

(9) Maintain individual ledgers for officials and employees of the city pertaining to
payroll and deductions;

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

37


1046
1047

1048
1049

1050
1051
1052

1053
1054
1055
1056
1057
1058

1059
1060

1061

1062
1063

1064
1065

1067

1068
1069

1070
1071

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

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

(13) Perform such other duties and functions and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those that

are prescribed by law or ordinance.

Section 34. The City Budget Officer. — (a) The City Budget Officer must be a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, a holder of a
college degree preferably in Accounting, Economics, Public Administration, or any related
course from a recognized college or university, and a second-level civil service eligible or its
equivalent. He must have acquired experience in government budgeting or in any related field

for at least five (5) years immediately preceding the date of his appointment.

(b) The City Budget Officer shall receive such compensation, emoluments, and

allowances as may be determined by law.
(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 different departments and
offices of the city;

(3) Assist the City Mayor in the preparation of the annual budget and in

presenting the same during the budget hearings;

(4) Study and evaluate budgetary implications of proposed legislation and

submit comments and recommendations thereon;

(5) Submit periodic budgetary reports to the Department of Budget and
Management (DBM);

38


1072
1073

1074
1075

1076
1077

1078
1079
1080

1081
1082
1083
1084
1085
1086
1087

1088
1089

1090
1091

1092
1093

1094
1095

1096
1097

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

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

(8) Coordinate with the City Planning and Development Officer in the

formulation of the development plan of the city; and

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

Section 35. The City Planning and Development Officer. — (a) The City Planning and
Development Officer must be a citizen of the Philippines, a resident of the City of Malay
Boracay, of good moral character, a holder of a college degree preferably in Urban Planning,
Development Studies, Economics, Public Administration, or any related courses from a
recognized college or university, and a licensed Environmental Planner. He must have acquired
experience in development planning or in any related field for at least five (5) years

immediately preceding the date of his appointment.

(b) The City Planning and Development Officer shall receive such compensation,

emoluments, and allowances as may be determined by law.

(c) The City Planning and Development Officer shall take charge of the City Planning
and Development Department, and shall:

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

(2) Conduct continuing studies, research, and training programs necessary to

evolve plans and programs for implementation;

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

39


1098
1099
1100

1101
1102

1103
1104
1105
1106

1107

1108
1109

1110
BEES
1112

1113
1114
1115
1116

1117
1118

119
1120

1121
1122
1123

1124
1125

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

development plan;

(5) Prepare comprehensive plans and other development planning documents

for the consideration of the local development council;

(6) Analyze the income and expenditure patterns, and formulate and
recommend fiscal plans and policies for consideration of the Finance
Committee of the Sangguniang Panlungsod as provided under the Local

Government Code of 1991, as amended.
(7) Promote people’s participation in development planning within the City;

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

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

Section 36. The City Engineer. — (a) The City Engineer must be a citizen of the Philippines,
aresident of the City of Malay Boracay, of good moral character, and a licensed Civil Engineer.
He must have acquired experience in the practice of his profession for at least five (5) years
immediately preceding the date of his appointment.

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

‘as may be determined by law.

() The City Engineer shall take charge of the City Engineering Public Works
Department, and shall:

(1) Initiate, review, and recommend changes in policies and objectives, plans
and programs, techniques, procedures, and practices in infrastructure

development and public works in general of the city;

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

40


1126
1127
1128

1129
1130

1131
1132
1133

1134
1135
1136
1137

1138
1139

1140
1141

1142
1143
1144
1145
1146

1147
1148
1149
1150
1151

1152
1153
1154

(3) Administer, coordinate, supervise, and control the construction,
maintenance, improvement, and repair of roads, bridges, and other engineering

and public works projects of the city;

(4) Provide engineering services to the city, including investigation and survey,

engineering designs, feasibility studies, and project management; and

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

that are prescribed by law or ordinance.

Section 37. The City Health Officer. — (a) The City Health Officer must be a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, and a licensed
medical practitioner. He must have acquired experience in the practice of his profession for at

least five (5) years immediately preceding the date of his appointment.

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

(©) The City Health Officer shall take charge of the City Health and Sanitation
Department, and shall:

(1) Supervise the personnel and staff of said office, formulate program
implementation guidelines and rules and regulations for the operation of the said
office for the approval of the City Mayor in order to assist him in the efficient,
effective, and economical implementation of a health services program geared

to the implementation of health-related projects and activities;

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

Government Code of 1991, as amended;

(3) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with health programs

and projects which the City Mayor is empowered to implement and which the

41


1155
1156

1157
1158
1159

1160
1161
1162
1163

1164
1165

1166
1167

1168
1169

1170
1171

1172
1173
1174

1175
1176

1177
1178
1179
1180

1181
1182

Sangguniang Panlungsod is empowered to provide under the Local Government
Code of 1991, as amended;

(4) Coordinate with national, regional, and provincial health officials and with
other agencies of the government in the implementation of mitigation policies

and other measures during public health emergencies;

(5) Supervise the delivery of basic health service, all city health centers,
hospitals, and clinics in accordance with city and national health policies and
programs such as those on dental health, maternal health, family planning,

nutrition, immunization, and environmental safety and sanitation;

(6) In addition to the foregoing duties and functions, the City Health Officer
shall:

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

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

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

(iv) Recommend to the Sangguniang Panlungsod, through the Local
Health Board, the passage of such ordinances necessary for the
preservation of public health;

(v) Recommend the prosecution of any violation of sanitary laws,

ordinances, or regulations;

(vi) Direct the sanitary inspection of all business establishments selling
food items or providing lodging accommodations such as hotels, motels,
lodging houses, and pension houses, in accordance with the Sanitation

Code;

(vii) Conduct health information campaigns and render health

intelligence services; and

42


1183
1184

1185
1186

1187
1188
1189

1190
191
1192
1193
1194

1195
1196

1197
1198

1199
1200
1201
1202

1203
1204

1205
1206
1207

1208
1209

(viii) Coordinate with other government agencies and nongovernmental

organizations involved in the promotion and delivery of health services;

(7) Be in the frontline of the delivery of health services, particularly during and

in the aftermath of man-made and natural disasters and calamities; and

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

Section 38. The Assistant City Health Officers. - (a) The two (2) Assistant City Health
Officers, one (1) assigned to the District of Mainland Malay and one (1) assigned to the District
of Boracay Island, must be citizens of the Philippines, residents of the City of Malay Boracay,
of good moral character, duly licensed medical practitioners, and must have engaged in the

practice of medicine for at least three (3) years.

(b) The Assistant City Health Officers shall assist the City Health Officer and perform
such other duties as may be assigned by the latter.

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

Section 39. The City Civil Registrar. — (a) The City Civil Registrar must be a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, a holder of a
college degree from a recognized college or university, a first-grade civil service eligible or its

equivalent, and must have acquired at least five (5) years of experience in civil registry work.

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

(c) The City Civil Registrar shall be responsible for the civil registration program in the
City of Malay Boracay, pursuant to the Civil Registry Law, the Civil Code, and other

pertinent laws, rules, and regulations issued to implement them.

(d) The City Civil Registrar shall take charge of the City Civil Registry Department,

and shall:

43


1210
1211
1212
1213
1214

1215
1216

1217
1218

1219

1220
1221
1222

1223
1224
1225

1226
1227

1228
1229
1230
1231
1232

1233
1234
1235
1236

(1) Develop plans and strategies and, upon approval thereof by the City Mayor,

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

and administration-related programs and projects which the City Mayor is

empowered to implement and which the Sangguniang Panlungsod is

empowered to provide under the Local Government Code of 1991, as amended;

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

shall:

(i) Accept all registrable documents and judicial decrees affecting the

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

(iii) Transcribe and enter immediately upon receipt all registrable
documents and judicial decrees affecting the civil status of persons in

the appropriate civil registry books;

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

law;

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

documents upon payment of the required fees to the city treasurer;

(vi) Receive applications for the issuance of a marriage license and, after
determining that the requirements and supporting certificates and
publication thereof for the prescribed period have been complied with,
issue the license upon payment of the authorized fee to the City

Treasurer; and

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


1237
1238
1239

1240
1241
1242

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(3) Perform such other duties and functions and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance.

Section 40. The Assistant City Civil Registrar. - (a) The Assistant City Civil Registrar must
bea citizen of the Philippines, a resident of the City of Malay Boracay, of good moral character,
a holder of bachelor's degree from a recognized college or university, a first grade civil service
eligible, and must have acquired at least three (3) years experience in civil registry work or any
related field.

(b) The Assistant City Civil Registrar shall assist the City Civil Registrar and perform
such other duties as may be assigned by the latter.

(©) The Assistant City Civil Registrar shall receive such compensation, emoluments,

and allowances as may be determined by law.

Section 41. The City Legal Officer. — (a) The City Legal Officer must be a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, and a member
of the Philippine Bar. He must have practiced his profession for at least five (5) years

immediately preceding the date of his appointment.

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

(©) The City Legal Officer shall receive such compensation, emoluments, and

allowances as may be determined by law.

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

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

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projects related to legal services which the city mayor is empowered to
implement and which the Sangguniang Panlungsod is empowered to provide;

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

party;

(4) When required by the City Mayor or Sangguniang Panlungsod, draft
ordinances, contracts, bonds, leases, and other instruments involving any
interest of the City, and provide comments and recommendations on any

instrument already drawn;

(5) Render his opinion in writing on any question of law when requested to do

so by the-City Mayor or Sangguniang Panlungsod;

(6) Investigate or cause to be investigated any local official or employee for
administrative neglect or misconduct in office, and recommend appropriate
action to the City Mayor or Sangguniang Panlungsod, as the case may be;

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

as the case may be;

(8) When directed by the City Mayor or Sangguniang Panlungsod, initiate and
prosecute, in the interest of the City concemed, any civil action on any bond,

lease, or other contract upon any breach or violation thereof; and

(9) Review and submit recommendations on ordinances approved and execute

orders issued by component units;

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


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(11) Be in the frontline of protecting human rights and prosecuting any violation
thereof, particularly those which occur during and in the aftermath of man-made

or natural disasters and calamities; and

(12) Perform such other duties and functions and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance.

Section 42. The City Veterinarian. — (a) The City Veterinarian must be a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, and a licensed
doctor of veterinary medicine. He must have practiced his profession for at least five (5) years
immediately preceding the date of his appointment.

(b) The City Veterinarian shall receive such compensation, emoluments, and

allowances as may be determined by law.

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

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

facilities relative to veterinary services;

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

‘Sangguniang Panlungsod is empowered to provide;

(3) Advise the City Mayor on all matters pertaining to the slaughter of animals

for human consumption and the regulation of slaughterhouses;
(4) Regulate the keeping of domestic animals;

(5) Regulate and inspect poultry, milk, and dairy products for public

consumption;

(6) Enforce all laws and regulations for the prevention of cruelty to animals;

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(7) Take the necessary measures to eradicate, prevent, or cure all forms of

animal disease;

(8) Be in the frontline of veterinary-related acti
highly contagious and deadly diseases, and in situations resulting in the

’s, such as in the outbreak of

depletion of animals for work and human consumption, particularly those
arising from and in the aftermath of man-made and natural disasters and

calamiti

(9) Recommend to the Sangguniang Panlungsod and advise the City Mayor on
all other matters relative to veterinary services which will increase the number
and improve the 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.

Section 43. The City Social Welfare and Development Officer. ~ (a) The City Social
Welfare and Development Officer must be a citizen of the Philippines, a resident of the City of
Malay Boracay, of good moral character, a duly licensed Social Worker or a holder of a college
degree preferably in Sociology or any other related course from a recognized college or
university, and a second level civil service eligible or its equivalent. He must have acquired
experience in the practice of social work for at least five (5) years immediately preceding the

date of his appointment.

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

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

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

facilities relative to social welfare and development services;

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(2) In addition to the foregoing duties, the City Social Welfare and Development
Officer shall:

(i) Identify the basic needs of the needy, the disadvantaged, and the
impoverished and develop and implement appropriate measures to

alleviate their problems and improve their living conditions;

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

abuse and exploitation;

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

of age;

(iv) Facilitate the implementation of welfare programs for the 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;

(v) Initiate and support a youth welfare program that will enhance the

role of youth in nation-building;

(vi) Coordinate with government agencies and nongovernmental
organizations whose purpose is the promotion and the protection of all
the needy, disadvantaged, underprivileged, or impoverished groups or
individuals, particularly those identified to be vulnerable and high risk

to exploitation, abuse, and neglect;

(3) Be in the frontline of service delivery, particularly those with immediate
relief and assistance during and in the aftermath of man-made and natural

disasters and calamities;

(4) Recommend to the Sangguniang Panlungsod and advise the City Mayor on
all other matters related to social welfare and development services which will

improve the livelihood and living conditions of the City’s inhabitants; and

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

Section 44. The City General Services Officer. — (a) The City General Services Officer must
be a citizen of the Philippines, a resident of the City of Malay Boracay, of good moral character,
a holder of a college degree preferably in Industrial Engineering, Industrial Management,
Public Administration, Business Administration or Management, and/or any related courses
from a recognized college or university, and a second level civil service eligible or its
equivalent. He must have acquired experience in general services, including management of
supply, property, solid waste disposal, and general sanitation for at least five (5) years

immediately preceding the date of his appointment.

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

and allowances as may be determined by law.

(c) The City General Services Officer shall take charge of the City General Services

Department, and shall:

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

services;

(2) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with general services
supportive of the welfare of the inhabitants of the City, which the City Mayor
is empowered to implement and which the Sangguniang Panlungsod is

empowered to provide;

(3) Take custody of and be accountable for all properties, real or personal,
owned by the city, and those granted to it in the form of donation, reparation,

assistance, and counterpart of joint projects;


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

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

or private entities by the local government;

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

(7) Maintain and supervise janitorial, security, landscaping, and other related
services in all local government public buildings and other real property,
whether owned or leased by the City;

(8) Collate and disseminate information regarding prices, shipping, and other

costs of supplies and other items commonly used by the City;

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

(10) Perform all other functions pertaining to supply and property management

and enforce policies on records creation, maintenance, and disposal;

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

(12) Recommend to the Sangguniang Panlungsod and advise the City Mayor on

all other matters relative to general services; and

(13) Perform such other duties and functions and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance.

Section 45, The City Disaster Risks Reduction and Management Officer. — (a) The City
Disaster Risks Reduction Management Officer must be a citizen of the Philippines, a resident

of the City of Malay Boracay, of good moral character, a holder of a college degree preferably

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in Disaster Risk Management, Engineering, Healthcare, and/or any related courses from a
recognized college or university, and a second level civil service eligible or its equivalent, He
must have acquired experience in disaster risk reduction management for at least five (5) years

immediately preceding the date of his appointment.

(6) The City Disaster Risks Reduction Management Officer shall receive such

compensation, emoluments, and allowances as may be determined by law or ordinance.

(c) The City Disaster Risks Reduction Management Officer shall take charge of the
ster Risks Reduction Management Department, and shall:

(1) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, which the City Mayor is empowered to implement and

which the Sangguniang Panlungsod is empowered to provide;

(2) Set the direction, development, implementation, and coordination of disaster
risk management programs within their territorial jurisdiction;

(3) Design, program, and coordinate disaster risk reduction and management
activities consistent with the standards and guidelines of the National Disaster
Risk Reduction and Management Council (NDRRMC);

(4) Facilitate and support risk assessments and contingency planning activities

at the local level;

(5) Consolidate local disaster risk information, which includes natural hazards,

vulnerabilities, and climate change risk, and maintain a local risk map;

(6) Organize and conduct training, orientation, and knowledge management

activities on disaster risk reduction and management at the local level;

(7) Operate a multi-hazard early warning system, link to disaster risk reduction
to provide accurate and timely advice to national or local emergency response
organizations and to the general public, through diverse mass media,
particularly radio, landline communication, and technologies for

communication within rural communities;

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(8) Formulate and implement a comprehensive and integral City Disaster Risk
Reduction and Management Plan (CDRRMP) and City Climate Change Action
Plan (CCCAP) in accordance with the national, regional, and provincial
frameworks and policies on disaster risk reduction, in close coordination with

the Local Development Council (LDC);

(9) Prepare and submit to the Sangguniang Panlungsod through the City
Disaster Risk Reduction and Management Council (CDRRMC) and the Local
LDC the Annual City Disaster Risk Reduction and Management Office
(CDRRMO) Plan and Budget, the proposed programming of the City Disaster
Risk Reduction and Management Fund (CDRRMF), other dedicated disaster
risk reduction and management resources, and other regular funding sources
and budgetary support of the CDRRMO and the Barangay Disaster Risk
Reduction and Management Committees (BDRRMC);

(10) Conduct continuous disaster monitoring and mobilize instrumentalities and
entities of the LGUs, civil society organizations (CSOs), private groups, and
organized volunteers, to utilize their facilities and resources for the protection
and preservation of life and properties during emergencies in accordance with
existing policies and procedures;

(11) Identify, assess, and manage the hazards, vulnerabilities, and risks that may

occur in their locality;

(12) Disseminate information and raise public awareness about those hazards,
vulnerabilities, and risks, their nature, effects, early warning signs, and

countermeasures;
Identify and implement cost-effective risk reduction measures and strategies;

(13) Maintain a database of human resources, equipment, directories, and the
location of critical infrastructures and their capacities, such as hospitals and

evacuation centers;

(14) Develop, strengthen, and operationalize mechanisms for partnership or
networking with the private sector, CSOs, and volunteer groups;


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(15) Take all necessary steps on a continuing basis to maintain, provide or
arrange the provision of or to otherwise make available, suitably-trained and
competent personnel for effective civil defense and disaster risk reduction and

management in its area;

(16) Organize, train, equip, and supervise the local emergency response teams
and the Accredited Community Disaster Volunteers (ACDVs), ensuring that
humanitarian aid workers are equipped with basic skills to assist mothers to
breastfeed.

(17) Respond to and manage the adverse effects of emergencies and carry out
recover activities in the affected area, ensuring that there is an efficient
mechanism for immediate delivery of food, shelter and medical supplies for
women and children, endeavor to create a special place where internally-
displaced mothers and children can find help with breastfeeding, feed and care
for their babies and give support to each other;

(18) Within its area, promote and raise public awareness and compliance with
Republic Act No. 10121, otherwise known as the Philippine Disaster Risk
Reduction and Management Act of 2010, and other relevant legislative

provisions;
(19) Serve as the secretariat and executive arm of the CDRRMC;
(20) Coordinate other disaster risk reduction and management activities;

(21) Establish linkage/network with other LGUs for disaster risk reduction and

emergency response purposes;

(22) Recommend through the CDRRMC the enactment of local ordinances

consistent with the requirements of this Act;

(23) Implement policies, approved plans, and programs of the CDRRMC
consistent with the policies and guidelines laid down in the Philippine Disaster
Risk Reduction and Management Act of 2010;


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(24) Establish a City Disaster Risk Reduction and Management Operations

Center;

(25) Prepare and submit, through the CDRRMC and the LDC, the report on the
utilization of the CDRRMF and other dedicated disaster risk reduction and
‘management resources to the local Commission on Audit (COA) for city-level
and internal audit for municipal and component city-level, copy Operations
Officer of the Department of the Interior and Local Government (DILG);

(26) Act on the other matters that may be authorized by the CDRRMC; and

(27) Perform such other duties and functions and exercise such other powers as
may be prescribed by the Philippine Disaster Risk Reduction and Management
Act of 2010 and those that are prescribed by law or ordinance.

Section 46. The City Public Employment Service Officer. — (a) The City Public Employment
Service Officer must be a citizen of the Philippines, a resident of the City of Malay Boracay,
of good moral character, a holder of a college degree preferably in Business Administration
major in Human Resource Management, Operations Management (OM), Human Resource
Management (HRM), Human Resource Development (HRD) and/or allied fields from a
recognized college or university, and a second level civil service eligible or its equivalent. He
must have acquired experience in human resource management for at least five (5) years
immediately preceding the date of his appointment.

(b) The City Public Employment Service Officer shall receive such compensation,

emoluments, and allowances as may be determined by law or ordinance.

(c) The City Public Employment Service Officer shall take charge of the City Public
Employment Service Office, and shall:

(1) Promote employment programs for city residents in need of jobs;

(2) Provide employment counselling, career guidance, and other such services

to the city's students and out-of-school youth;

(3) Promote industrial peace by mediating in labor management disputes upon

the request of a contending party;

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(4) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, particularly those relating to public employment services
which the City Mayor is empowered to implement and which the Sangguniang
Panlungsod is empowered to provide; and

(5) Perform such other duties and functions and exercise such other powers as
may be prescribed by the Public Employment Service Office Act of 1999, as
amended, and those that are prescribed by law or ordinance.

Section 47. The City Tourism Officer. — (a) The City Tourism Officer must be a citizen of
the Philippines, a resident of the City of Malay Boracay, of good moral character, a holder of
a college degree preferably in Tourism, Tourism Management, Hospitality Management,
and/or any related courses from a recognized college or university, and a second level civil
service eligible or its equivalent. He must have acquired experience in cultural and tourism
services for at least five (5) years immediately preceding the date of his appointment.

(b) The City Tourism Officer shall receive such compensation, emoluments, and

allowances as may be determined by law.
(©) The City Tourism Officer shall take charge of the City Tourism Office, and shall:

(1) Develop plans and strategies and, upon approval thereof by the city mayor,

implement the same, which the city mayor is empowered to implement and

which the Sangguniang Panlungsod is empowered to provide;

(2) Initiate and implement the city government's activities related to culture and

tourism;

(3) Acts on referrals and instructions of the City Mayor on activities pertaining

to culture, tourism, and historical matters; handles projects related to tourism;

(A) Takes charge of the preservation and promotion of the cultural heritage of
the city and of the nation in general by implementing projects related to culture;

(5) Encourages the organization of cultural groups in the City of Malay Boracay
through periodic competitions, exhibitions, and performances, both for public


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benefit and for the discovery, development, and presentation of individual and
group talents;

(6) Formulates plans, programs, and projects related to the commemoration of
historical events in the City of Malay Boracay and other commemorative

activities celebrated in the country;

(7) Formulate programs related to cultural projects and the commemoration of
historical events;

(8) Handle projects related to the promotion of tourism in the city;

(9) Serve as a channel in the establishment and sustenance of sister-city

relations; and

(10) Supervise the registration of tourism-oriented and tourism-related

establishments.

(11) Encourage the LGU to enact local legislation adopting the Department of

Tourism (DOT) accreditation standards for tourism facilities and services;

(12) Ensure a pleasant experience and stay of tourists while at the same time

protecting the interests, welfare, and rights of the Cit

(13) Develop tourist products and destinations that will benefit the City and its

local community;

(14) Pursue the implementation of the national tourism master plans, the
national ecotourism strategy, and the area-specific plans of the national and
LGUs;

(15) Support the LGU in promoting festivals, fiestas, and other tourism-related

activities; and

(16) 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.

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Section 48. The City Youth Development Officer. ~ (a) The Youth Development Officer
shall be not more than 30 years old at the time of his or her appointment; of good moral
character; must have acquired experience in youth development affairs or involvement in youth
or youth serving organizations for at least 3 years and he or she shall be appointed by the City
Mayor, but in no case is he or she be within the fourth civil degree of consanguinity or affinity

of the appointing authority.

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

(c) The City Youth Development Officer is responsible for promoting and protecting
the physical, moral, spiritual, intellectual, and social well-being of Filipino youth,
inculcating in them patriotism and nationalism, and encouraging their involvement in

public and civic affairs.

(@) The City Youth Development Officer shall perform the following duties and
responsibilities:

(1) Register and verify youth had youth-serving organizations;

(2) Provide technical assistance to the City Youth Development Council
(CYDC) in the formulation of the Youth Development Plan;

(3) Facilitate the election of the CYDC representatives;

(4) Serve as Secretariat to the CYDC and, as such, shall provide the necessary
administrative, operational, staff, and technical support to the CYDC;

(5) Conduct the mandatory and continuing training of Sangguniang Kabataan
(SK) officials and CYDC members, pursuant to the programs jointly designed
and implemented by the National Youth Commission (NYC) and the DILG;

(© Provide technical, logistical, and other support in the conduct of the
mandatory and continuing training programs, and to such other programs of the
NYC and DILG; and

(7) The City Youth Development Officer shall coordinate with the NYC with
regard to the youth programs within their jurisdiction and perform other

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functions as may be prescribed by the Sangguniang Kabataan Reform Act of

2015, as amended, and those that are prescribed by law or ordinance.

Section 49. The City Cooperatives Development Officer. — (a) The City Cooperatives
Officer must be a citizen of the Philippines, a resident of the City of Malay Boracay, of good
moral character, a holder of a college degree preferably in Business Administration, and/or any
related courses with special training on cooperatives or any related fields from a recognized
college or university, and a second level civil service eligible or its equivalent. He must have

experience for at least five (5) years immediately preceding the date of his appointment.

(b) The City Cooperatives Officer shall receive such compensation, emoluments, and

allowances as may be determined by law or ordinance.

(c) The City Cooperatives Officer shall take charge of the Cooperatives Department,
and shall:

(1) Formulate measures for consideration of the Sangguniang Panlungsod and
provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and 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
cooperative principles and methods in programs and projects which the City
Mayor is empowered to implement and which the Sangguniang Panlungsod is

empowered to provide;

(3) Assist in the organization of cooperatives;

(4) Provide technical and other forms of assistance to existing cooperatives to

enhance their viability as an economic enterprise and social organization;

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

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

rehabilitation;

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

(8) Perform such other duties and functions and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance.

Section 50. The City Persons with Disability Affairs Officer. - (a) The City Persons with
Disability Officer must be a citizen of the Philippines, a resident of the City of Malay Boracay,
of good moral character, a holder of a college degree from a recognized college or university,
and a first-grade civil service eligible or its equivalent. He must be a duly accredited PWD
organization with a track record of at least three (3) years. He must have acquired 5 experience
in position/s involving management and supervision, 1 year of which is relevant to disability
affairs.

(b) The City Persons with Disability Affairs Officer shall receive such compensation,

emoluments, and allowances as may be determined by law.

(©) The City Persons with Disability Affairs Officer shall take charge of the City
Persons with Disability Office, and shall:

(1) Formulate and implement policies, plans, and programs for the promotion of the
welfare of persons with disabilities in coordination with concemed national and

local government agencies;

(2) Coordinate and implement the provision of Republic Act No. 10070, otherwise
known as an Act Establishing Institutional Mechanism to Ensure the

Implementation of Programs and Services for Persons with Disabilities in Every


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Province, C' lity, Batas Pambansa Blg. 344, otherwise known as

the Accessibility Law, and other relevant laws at the local level;

(3) Represent persons with disabilities in meetings of local development councils

and other special bodies;

(4) Recommend and encourage the parti
(NGOs) and People’s Organizations (POs) in the implementation of all disability-

tion of Non-Government Organizations

related laws and policies;

(5) Gather and compile relevant data on persons with disabilities in the City of

Malay Boracay;

(© Disseminate information, including, but not limited to, programs and activities
for persons with disabilities, statistics on persons with disabilities, including
children with disability, and training and employment opportunities for persons
with disabilities;

(7) Submit reports to the City Mayor on the implementation of programs and
services for the promotion of the welfare of persons with disabilities in the City of

Malay Boracay;

(8) Ensure that policies, plans, and programs for the promotion of the welfare of

persons with disabilities are funded by both the national and local governments.

(9) Monitor fundraising activities being conducted for the benefit of persons with

disabilities;

(10) Seek donations in cash or in kind from local or foreign donors to implement an
approved work plan for persons with disabilities, in accordance with existing laws

and regulations;

(11) Perform such other functions as may be necessary for the promotion and

protection of the welfare of persons with disabilities;

(12) Manage and oversee the efficient operations of the Persons with Disabilities
Affairs Office and provide general supervision of its personnel;

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(13) Develop, promote, and monitor the implementation of policies, plans,
programs, and services for the development of persons with disabilities in

coordination with national and local government agencies;

(14) Ensure representation of persons with disabilities in the local development

councils and other special bodies;

(15) Build the capacity of non-government organizations and people’s
organizations to participate in the implementation of all disability related laws and

policies;

(16) Establish coordination with the province, city, or municipality, as the case may
be, and ensure the inclusion of disability concerns in all local government programs

and services;

(17) Network with local, national, and international organizations and establish
partnerships on disability programs and resource mobilizations;

(18) Develop and submit to the concerned City Mayor an Annual Work and

Financial Plan;

(19) Design and implement yearly work programs and projects in accordance with
Republic Act No. 7277, otherwise known as the Magna Carta for Disabled Persons,
the Accessibility Law, and the United Nations Convention on the Rights of Persons
with Disabilities;

(20) Advocate for equal opportunity and accessibility of persons with disabilities
(PWDs) in the programs for education, employment, health, socio-cultural, and
sports development;

(21) Propose measures for the welfare of the PWDs as approved by the Sangguniang
Panlungsod;

(22) Maintain and regularly update the list of PWDs and issue individual PWD
identification cards;

(23) Organize the identified PWDs in every barangay and federate them in the City;

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(24) Serve as a consultative and advisory body in the issuance of building and

occupancy permits relative to the effective implementation of the Accessibility

Law; and

(25) Monitor and report to the Department of Justice all incidents that violate the
Magna Carta for Disabled Persons, the Accessibility Law, the Act Establishing
Institutional Mechanism to Ensure the Implementation of Programs and Services
for Persons with Disabilities in Every Province, City, and Municipality, and
Republic Act No. 10754, otherwise known as an Act Expanding the Benefits and
Privileges of Persons with Disabilities, and other laws relating to the rights and

welfare of persons with disabilities.

(26) Perform such other duties and functions and exercise such other powers as may
be prescribed by the Magna Carta for Disabled Persons, as amended, and those that

are prescribed by law or ordinance.

Section 51. The City Office of the Senior Citizen Affairs (OSCA) Head. — (a) The City
OSCA Head must be a citizen of the Philippines, a resident of the City of Malay Boracay, of
good moral character, able to read and write, and at least a high school graduate. He must be
physically and mentally capable of performing the tasks of OSCA Head, a bona fide member
of a duly registered senior citizen’s organization that has a track record of at least three

consecutive years.

(b) The City OSCA Head shall receive such compensation, emoluments, and

allowances as may be determined by law.

(©) The City OSCA Head shall take charge of the Office of the Senior Citizens Affairs,

and shall:

(1) In consultation with the City Social Work and Development Officer and duly
registered senior citizen organizations, to plan, develop, implement, consolidate,
and monitor yearly work programs in pursuance of the objectives of the Senior

Citizens Act of 1992, as amended, and its Rules;

(2) To draw up a list of available and required services which can be provided by

the registered federations and associations of senior citizens;


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(3) To maintain and regularly update on a quarterly basis the list of senior citizens
and to issue national uniform individual identification cards and purchase booklets,

free of charge, which shall be valid anywhere in the country;

(4) To serve as a general information and liaison center for the needs of the senior

citizens;

(5) To monitor compliance with the provisions of the Senior Citizens Act of 1992,
as amended, and its Rules, particularly the grant of special discounts and privileges

to senior citizens;

(6) To report to the Mayor, any person, natural or judicial; establishments, business,
entity, institution, or agency found violating any provision of the Senior Citizens

Act of 1992, as amended, and its Rules;

(7) To facilitate the creation of a city or municipality coordinating and monitoring
board consisting of the City OSCA Head, the City Social Work and Development
Officer, and the presidents of concemed, duly registered senior citizens
organizations, to deliberate and act on the complaints;

(8) To assist senior citizens in filling complaints or charges against any person,
natural or judicial; establishment, institution, or agency refusing to comply with the
privileges under the Senior Citizens Act of 1992, as amended, before the
Department of Justice (DOJ), the Provincial Prosecutor's Office, the regional or the
municipal trial court, the municipal trial court in cities, or the municipal circuit trial

court;

(9) To assist and coordinate with the concemed person, natural or judicial,
establishment, institution, or agency in investigating fraudulent practices and

abuses of the discounts and privileges exclusively granted to senior citizens; and

(10) To establish linkages and work together with the accredited NGOs, people's

organizations, and the barangays in their respective areas.

(11) Perform such other duties and functions and exercise such other powers as may
be prescribed by the Senior Citizens Act of 1992, as amended, and those that are

prescribed by law or ordinance.

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Section 52. The City Agricultural and Biosystems Engineer. — (a) The City Agricultural and
Biosystems Engineer must be a citizen of the Philippines, a resident of the City of Malay
Boracay, of good moral character, and a duly licensed Agricultural and Biosystems Engineer.
He must have acquired experience preferably in Agricultural and Biosystems Engineering and
in any related field, and practiced his profession for at least five (5) years immediately
preceding the date of his appointment.

(b) The City Agricultural and Biosystems Engineer shall receive such compensation,

emoluments, and allowances as may be determined by law.

(c) The City Agricultural and Biosystems Engineer shall take charge of the City Office
of Agricultural and Biosystems Engineer, and shall exercise the following:

(1) Preparation of engineering designs, plans, specifications, project studies,
feasibility studies and estimates of irrigation and drainage, soil and water
conservation and management systems and facilities, agrometeorological
systems, agricultural and biosystems power, and machinery, agricultural and
biosystems buildings and structures, renewable/bio-energy systems and farm
electrification, agricultural and bio-processing and post harvest facilities and
system, agricultural and biological waste utilization and management,
agricultural and bio-information system, agricultural and biosystems resource
conservation and management, and agricultural and bio-automation and
instrumentation system;

(2) Supervi

of irrigation and drainage, soil and water conservation and management systems

n or management on the construction, operation, and maintenance

and facilities, agrometeorological systems, agricultural and biosystems power
and machinery, agricultural and biosystems buildings and_ structures,
renewable/bio-energy systems and farm electrification, agricultural and bio-
processing and post harvest facilities and system, agricultural and biological
waste utilization and management, agricultural and bio-information system,
agricultural and biosystems resource conservation and management, and

agricultural and bio-automation and instrumentation system;


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(3) Valuation, appraisal, investigation, inspection, monitoring, and technical
audit on agricultural and biosystems machinery and equipment, structures and

facilities, and agricultural and biosystems engineering projects;

(4) Program/Project development and management, planning, evaluation, and

consultancy services on agricultural and biosystems engineering undertakings;

(5) Conduct of research and development, training, and extension on

agricultural and biosystems engineering;

(6) Testing, evaluation, and inspection of agricultural and biosystems
machinery, and other related agricultural and biosystems engineering facilities,

equipment, and projects;

(7) Teaching and/or conducting of lectures on agricultural and biosystems

engineering subjects in institutions of learning in the Philippines;

(8) Preparation and evaluation of farm development plans, farm suitability
maps, and land use maps/reports for agricultural, livestock and poultry, fishery,
aquaculture, and forest production and processing;

(9) Training and supervision of agri-fishery machinery technicians and
operators of agri-fishery machinery service centers/pools, and agricultural and
biosystems engineering technicians and operators in agricultural and biosystems
plants, establishments, facilities, and projects;

(10) Participation in the preparation of environmental studies for agricultural,
fisheries, agro-industrial, and biosystems projects and their monitoring under

the Environmental Impact Assessment (EIA) system; and

(11) Perform such other duties and functions and exercise such other powers as
provided for under Republic Act No. 10601, otherwise known as the
Agricultural and Fisheries Mechanization Law of 2013, and those that are

prescribed by law or ordinance.

Section 53. The City Agriculturist. ~ (a) The City Agriculturist must be a citizen of the
Philippines, a resident of the City of Malay Boracay, of good moral character, a holder of a

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college degree preferably in Agriculture or any related courses from a recognized college or
university, and a licensed agriculturist. He must have practiced his profession in agriculture or
acquired experience in a related field for at least five (5) years immediately preceding the date

of his appointment.

(b) The City Agriculturist shall receive such compensation, emoluments, and

allowances as may be determined by law.

(c) The City Agriculturist shall take charge of the agricultural services department, and
shall:

(1) Formulate measures for the approval of the Sangguniang Pantungsod and
provide technical assistance and support to the city mayor in carrying out said
measures to ensure the delivery of basic services and provision of adequate

facilities relative to agricultural services;

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

(3) In addition to the foregoing duties and functions, the City Agriculturist shall:

(i) Ensure that maximum assistance and access to resources in the
production, processing, and marketing of agricultural and aquacultural,
and marine products are extended to farmers, fishermen, and local

entrepreneurs;

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

matters which will maximize productivit

(iii) Assist the City Mayor in the establishment and extension of

demonstration farms on aquaculture and marine products;

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(iv) Enforce rules and regulations relating to agriculture and

aquaculture; and

(v) Coordinate with government agencies and nongovernmental
organizations that promote agricultural productivity through applied
technology compatible with environmental integrity.

(4) Be in the frontline of the delivery of basic agricultural services and provide
technical advice to farmers and fisherfolk in the adoption of critical climate
adaptation and disaster mitigation practices and techniques, and ensure the
availability of staple food such as rice, com, and produce especially in
preparation for an impending natural calamity, and in the aftermath of man-
made or natural disasters;

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

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

Section 54, The City Population Officer. — (a) The City Population Officer must be a citizen
of the Philippines, a resident of the City of Malay Boracay, of good moral character, a holder
of a college degree preferably in Population Management, Public Administration and/or any
related courses with specialized training in Population Development from a recognized college
or university, and a second level civil service eligible or its equivalent. He must have
experience in the implementation of programs on population development or responsible

parenthood for at least five (5) years immediately preceding the date of his appointment.

(b) The City Population Officer shall receive such compensation, emoluments, and

allowances as may be determined by law or ordinance.

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


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

providing access to said services and facilities;

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

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

(4) Establish and maintain an updated data bank for program operations,
development planning, and an educational program to ensure the people's

participation in and understanding of population development;

(5) Implement appropriate training programs that are consistent with the
traditions and cultural heritage of the City's inhabitants; and

(6) Perform such other duties and functions and exercise such other powers as
provided under-the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance.

Section 55. The City Environment and Natural Resources Officer. — (a) The City
Environment and Natural Resources Officer must be a citizen of the Philippines, a resident of
the City of Malay Boracay, of good moral character, a holder of a college degree preferably in
Environmental Science, Environmental Management, Environmental Planning, Forestry,
Agriculture and/or any related courses from a recognized college or university, and a second
level civil service eligible or its equivalent. He must have acquired experience in environment
and natural resources management, conservation, and utilization work for at least five (5) years

immediately preceding the date of his appointment.

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(b) The City Environment and Natural Resources Officer shall receive such

compensation, emoluments, and allowances as may be determined by law.

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

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

relative to environment and natural resources services;

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

(3) Manage and maintain seed banks and produce seedlings for forests and tree
parks;

(4) Provide extension services to beneficiaries of forest development projects
and render assistance for natural resources-related conservation and utilization

activities consistent with ecological balance;

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

(6) Be in the frontline of the delivery of services concerning the environment
and natural resources, particularly in the renewal and rehabilitation of the
environment during and in the aftermath of man-made and natural disasters and

calamities;

(7) Enforce all laws, regulations and policies pertinent to environmental

management and pollution control;

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(8) Design and maintain a waste collection and disposal system conforming to
the requirements of Local Government Code of 1991; Republic Act No. 8749,
otherwise known as the Philippine Clean Air Act of 1999; and Republic Act
No. 9003, otherwise known as the Ecological Solid Waste Management Act of
2000;

(9) Implement a civic consciousness program in support of its environmental

and waste management programs;

(10) Initiate the formulation and implementation of a comprehensive and
integrated Solid and Liquid Waste Management and Monitoring Plan
(SLWMMP) for the City in accordance with the parameters of sustainable urban
development and management set for the City and all related national and local

environmental laws, standards, and issuances;

(11) Develop and recommend specific policies, guidelines, plans and programs,
practices, techniques, and measures to implement components or details of the

solid and liquid waste management plan;

(12) Institutionalize generation of renewable energy from waste through waste-
to-energy and other technologies as may be consistent with the Ecological Solid
Waste Management Act of 2000; Republic Act No. 9513, otherwise known as
the Renewable Energy Act of 2008, and other applicable laws;

(13) Enforce regulatory measures to manage solid and liquid wastes properly as

provided in national and local legal issuances;

(14) Source out assistance in all forms from international, national, and local
partners to ensure the excellent management of the SLWMMP and its

components, subject to the approval and guidelines set by the city government;

(15) Operate and maintain facilities and equipment related to the components
of the SLWMMP;

(16) Review sewerage plans, if any, for the issuance of building permits and

endorse the application if the result of the review is favorable;

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(17) Establish operational linkages with other local and national agencies

concerned with environmental protection and waste management;

(18) Recommend to the Sangguniang Panlungsod and advise the City Mayor on
all matters relative to the protection, conservation, and maximum utilization,
application of appropriate technology, and other matters related to the

environment and natural resources

(19) Partnership with community organizations and private organizations to
strengthen all means of support for a sustainable forest management of
watershed reserve areas, including those areas located in protected areas and
critical watersheds in coordination with DENR;

(20) Ensure the protection and regulation of easements in major rivers and
bodies of water that are required by law in coordination with the Zoning
Administrator;

(21) Prevention of forest fire, illegal cutting, and kaingin practices;
(22) Apprehension of violators of forest laws, rules, and regulations; and

(23) Perform such other duties and functions and exercise such other powers as
provided under-the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance.

Section 56. The City Human Resource Management Officer. - (a) The City Human
Resource Officer must be a citizen of the Philippines, a resident of the City of Malay Boracay,
of good moral character, a holder of a college degree preferably in Business Administration
major in Human Resource Management, Human Resource Development, and/or any related
courses from a recognized college or university, and a second level civil service eligible or its
equivalent. He must have acquired experience in Human Resource Management for at least

five (5) years immediately preceding the date of his appointment.

(b) The City Human Resource Management Officer shall receive compensation,

emoluments, and allowances as may be determined by law.

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

(1) Develop a human resource management plan aimed at improving the
productivity and professional growth of the City Government's employees, and
recommend the same to the City Mayor, and if warranted, to the Sangguniang

Panlungsod for approval and implementation;

(2) Ensure that the recruitment, selection, and placement are based on merit and

fitness;

(3) Design, develop, coordinate, implement, deliver, and evaluate training
programs that support organization objectives that are aligned with the

organization's strategic plans;

(4) Develop and implement heads and staff development programs that support

the organization's succession plans;

(5) Ensure the implementation of a Strategic Performance Management System
that includes individual Performance Contracts, ensures results-based
performance, and the provision of rewards and recognition for outstanding

performance and loyalty in the service; and

(6) Exercise such other powers and perform such other duties and functions as

may be prescribed by law or ordinance.

Section 57. The City Zoning Administrator. — (a) The City Zoning Administrator must be a
citizen of the Philippines, a resident of the City of Malay Boracay, of good moral character, a
holder of a college degree preferably in Civil Engineering, Environmental Planning, Urban
Planning, Law, and/or any related courses in a recognized college or university, and a licensed
Environmental Planner. He must have acquired experience in zoning administration for at least

five (5) years and in-depth knowledge of Philippine laws immediately preceding the date of his

appointment.

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

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2048 (©) The City Zoning Administrator shall take charge of the Zoning Regulation and
2049 Administration Office, and shall:

2050 (1) Act on all applications for all zoning-related certifications and clearances;
2051 (2) Issue Locational Clearances or Certificates of Zoning Compliance for
2052 projects conforming to the zoning regulations and complying with the required
2053 documents;

2054 (3) Issue Denial Decisions for Locational Clearances or Certificates of Zoning
2055 Compliance applications that are non-compliant to any provision of the Zoning
2056 Ordinance or other existing city ordinances;

2057 (4) Issue Certificates of Land Classification for requesting land owners and
2058 concerned stakeholders;

2059 (5) Issue the needed Order of Payment for the zoning fees that the applicant
2060 should be paying;

2061 (6) Monitor ongoing/existing projects and act on violations and non-compliance
2062 with the zoning ordinance;

2063 (7) Conduct site inspections and monitoring visits to on-going/existing projects
2064 within the municipality and when warranted, issue Notices of Violation and
2065 show cause order to owners, developers, or managers of projects that are
2066 violating the zoning ordinance, pursuant to Section 3 of Executive Order No.
2067 72, Series of 1993, otherwise known as the Local Government Code
2068 Implementation Guidelines on the Preparation of Comprehensive Land Use
2069 Plans, and Section 2 of Executive Order No. 71, Series of 1993, otherwise
2070 known as the Devolution of Powers to Cities and Municipalities in the Approval
2071 of Subdivision Plans, and, when necessary, refer subsequent actions thereon to
2072 the Department of Human Settlements and Urban Development (DHSUD).
2073 (8) Call and coordinate with the Philippine National Police (PNP) for the
2074 enforcement of orders and processes pertinent to the implementation of this
2075 ordinance, if necessary;

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(9) Coordinate with the City Legal Officer for other legal actions/remedies
relative to the foregoing;

(10) Impose the appropriate fines/penalties for violation of the provisions of the

Zoning Ordinance;

(11) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, which the City Mayor is empowered to implement and

which the Sangguniang Panlungsod is empowered to provide; and

(12) Perform such other duties and functions and exercise such other powers as

may be prescribed by law or ordinance.

Section 58. The City Business Permit and Licensing Officer. — (a) The City Business
Processing and Licensing Officer must be a citizen of the Philippines, a resident of the City of
Malay Boracay, of good moral character, a holder of a college degree preferably in Business
Administration, Business Management, Accounting, and/or any related courses from a
recognized college or university, and a second level civil service eligible or its equivalent. He
must have acquired experience in business processing and licensing for at least five (5) years
immediately preceding the date of his appointment.

(b) The City Business Processing and Licensing Officer shall receive compensation,

emoluments, and allowances as may be determined by law.

(c) The City Business Processing and Licensing Officer shall take charge of the City
Business Processing and Licensing Department, and shall:

(1) Provide effective systems, procedures, and practices in the issuance and
renewal of business permits. It regulates the nature and/or operations of various

business activities within the City of Malay Boracay;
(2) Issued Mayor's permits to businesses located in the City of Malay, Boracay;

(3) Provide an effective system of conducting inspections and verifications of

all business establishments;

(4) Monitor and enforce existing laws, ordinances, policies, rules, and

regulations in the operation of businesses and occupations in the city;

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(5) Undertake an intensive campaign against illegal business operations;
(6) Provide data and facts to the business sector and the public in general;

(7) File cases with the City Prosecutor's Office and/or appropriate courts for

violation of tax laws and ordinances;

(8) Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, which the city mayor is empowered to implement and

which the Sangguniang Panlungsod is empowered to provide; and

(9) Perform such other duties and functions and exercise such other powers as

may be prescribed by law or ordinance.

Section 59. The City Economic Enterprise and Development Officer. — (a) The City
Economic Enterprise Development Officer must be a citizen of the Philippines, a resident of
the City of Malay Boracay, of good moral character, a holder of a college degree preferably in
Economics, Business Administration, and/or any related courses from a recognized college or
university, and a second-level civil service eligible or its equivalent. He must have acquired
experience in economic enterprise development services for at least five (5) years immediately
preceding the date of his appointment.

(b) The City Economic Enterprise Development Officer shall receive compensation,

emoluments, and allowances as may be determined by law.

(c) The City Economic Enterprise Development Officer shall take charge of the City
Economic Enterprise and Development Department, and shall exercise the following

powers and functions:

(1) Exercise coordinate managerial control over the operations of various

economic enterprise units as well as their support services units;

(2) Advise the City Mayor, the City Market Committee, and other special bodies
that may thereafter be legally constituted, on all matters involving economic

enterprises and development;

(3) Develop policies and formulate rules and regulations, standards, and

procedures to improve and enhance revenue generation based on sound

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financial concepts and principles for adequate delivery of services, subject to
the approval of the Sangguniang Panlungsod;

(4) Prepare the annual budget of each Economic Enterprise and the Department

as a whole;

(5) Exercise management and supervision over all units and personnel under the

City Economic Enterprise Office; and

(6) Exercise such other powers and perform such other duties and functions as

may be prescribed by law or ordinance, incidental and necessary to this position.

Section 60. The City Transportation Regulation Officer. - (a) The City Chief
Transportation Regulation Officer must be a citizen of the Philippines, a resident of the City of
Malay Boracay, of good moral character, a holder of a college degree preferably in Urban
Planning, Transport Planning, Engineering, and/or any related courses from a recognized
college or university, and a second level civil service eligible or its equivalent. He must have
acquired experience in transportation planning and regulation for at least five (5) years
immediately preceding the date of his appointment.

(&) The City Transportation Regulation Officer shall receive compensation,
emoluments, and allowances as may be determined by law.

(c) The City Transportation Regulation Officer shall take charge of the City
‘Transportation Regulation Department, and shall:

(1) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, which the City Mayor is empowered to implement and

which the Sangguniang Panlungsod is empowered to provide;
(2) Implement the provision of the City Traffic Code;
(3) Monitors and manages transportation activities and operations;

(4) Handle and direct the deployment of transportation units while adhering to

legal requirements and safety regulations;

(5) Arranging schedules, overseeing vehicle movements, and setting routes;

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

may be prescribed by law or ordinance.

Section 61. The College Administrator. — (a) The City College Administrator must be

a citizen of the Philippines, a resident of the City of Malay Boracay, of good moral character,
aholder of a doctorate degree preferably in Educational Management, and a second-level civil
service eligible or its equivalent. He must have acquired experience in administering any
accredited tertiary educational institution in the Philippines for at least five (5) years
immediately preceding the date of his appointment.

(b) The City College Administrator shall receive compensation, emoluments, and

allowances as may be determined by law.

(c) The City College Administrator shall take charge of the Malay City College, and
shall:

(1) He/ She shall, on behalf of the Board of ‘Trustees, have general supervision

over all academic, administrative, and financial operations of the college;

(2) Promulgate and enforce general policies affecting the college and shall take
action which, in his judgment, is necessary for the protection of life, right,

property, and general welfare of the college;

(3) Recommend to the Board the appointment of a qualified person to fill all
vacancies and new positions; may designate officials to perform functions in a
concurrent capacity without additional compensation, and may request job

orders;

(4) Institute disciplinary actions against any personnel, or faculty for culpable

violation of Civil Service Laws and School Policies, and against any student of
the college whose action adversely affects the general interest and good name

of the college, subject to the due process and approval of the Board of Trustees;

(5) Decide appeals in controversies involving ranking officials, faculty, and
personnel of the college when the penalty imposed exceeds thirty (30) days;

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(6) Grant or deny sabbatical leaves and leaves of absence without pay and/ or
extension of such leaves, as well as extension of fellowship or any form of
scholarship for a period not exceeding one academic semester, if the budget
permits and for a reason that may be deemed satisfactory, subject to appeal to
the Board of Trustees;

(7) Grant permission for use of the building and premises of the college for
academe, professional, scientific, and technology conventions, and other related

non-academic activities with a fee fixed by the board;

(8) Sign and execute all contracts, deeds, and instruments for the college, subject
to the approval of the Board;

(9) Cause the preparation of the annual budget of the college and submit the
same for review, consideration, and approval of the Board of Trustees;

(10) Cause the preparation of the annual year-end report for the current year;

(11) Perform such other powers as elsewhere provided in this charter as may be
specifically authorized by the Board of Trustees and such other powers usually
pertaining to the office of the College Administrator. He/she may delegate in

writing any of his specific functions to any office;

(12) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide; and

(13) Perform such other duties and functions and exercise such other powers as

may be prescribed by law or ordinance.

Section 62. The City Building and Architecture Officer. - (a) The City Building and
Architecture Officer shall be appointed by the Secretary of the Department of Public Works
and Highways (DPWH) from a list of at least three (3) ranking eligible recommendees of the

City Mayor, subject to civil service law, rules, and regulations.

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(b) The City Building and Architecture Officer shall be under the administrative
supervision of the City Mayor, to whom the City Building and Architecture Officer
shall report regularly;

(©) The City Building and Architecture Officer must be a citizen of the Philippines, a
resident of the City of Malay Boracay, of good moral character, a licensed architect or
civil engineer, a member of good standing of a duly accredited organization of his
profession and have practiced his profession for at least five (5) years with diversified
and professional experience in building design and construction, and attended and
successfully completed a seminar workshop on Presidential Decree No. 1096,

otherwise known as the National Building Code, conducted by the DPWH.

(d) The City Building and Architecture Officer shall receive compensation,

emoluments, and allowances as may be determined by law.

(e) The City Building and Architecture Officer shall take charge of the City Building
and Architecture Office, independent of the City Engineering Office, and shall:

(1) Be primarily responsible for the enforcement of the provisions of the
National Building Code and its implementing rules and regulations, as well as
circulars, memoranda, opinions, and decisions/orders issued pursuant thereto.
His actions shall always be guided by appropriate orders/directives from the
Secretary of the DPWH;

(2) Have overall administrative control and/or supervision over all works

pertinent to buildings/structures in his area of responsibility and shall be
charged with the processing of all permit applications and certificates, as well

as the issuance of the same;

(3) Ensure that all changes, modifications, and alterations in the design plans
during the construction phase shall not start until the modified design plan has
been evaluated and the necessary amendatory permit issued.

(4) Undertake annual inspections of all buildings/structures and keep an up-to-

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(5) Keep a permanent record and accurate account of all fees and other charges
fixed and authorized to be collected and received under Presidential Decree No.
1096, otherwise known as the National Building Code; and

(6) Perform other duties and functions, and exercise such other powers as
provided under the National Building Code, as amended, and those that are
prescribed by law or ordinance, or as may thereafter be delegated to him from

time to time.

Section 63. The City Sports Development Officer. — (a) The City Sports Development
Officer must be a citizen of the Philippines, a resident of the City of Malay Boracay, of good
moral character, a holder of a college degree preferably in Physical Education, Sports Sciences,
Sports Development, and/or any related courses from a recognized college or university, and a
second level civil service eligible or its equivalent. He must have acquired experience in Sports
Development or in any related field for at least five (5) years immediately preceding the date

of his appointment.

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

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

(1) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with youth and sports
programs and projects which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide;

(2) Plan and formulate a blueprint of a well-synchronized, year-round calendar
of sports and games activities, competitions, and events, as well as physical

fitness activities;

(3) Organize sports and games-related projects and programs, including
coaching and training, thereby assisting in the identification, recruitment, and
training of gifted, promising, and talented athletes in the City, discovering

talents at the grassroots level;

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(4) Oversee and ensure implementation of the physical fitness and sports
program and activities of the City;

(5) Formulate rules and regulations governing all sports of competitions;

(6) Formulate safety and security plans prior to the conduct of
competitions/events in coordination with the PNP, Coast Guard, CDRRMO,

and other concerned offices;

(7) Require all sports coordinators to undergo training in First Aid and safety

precautions;
(8) Conduct debriefing meetings after every event or activity.

(9) Allocate funds for the implementation of all related sports and games events

and activities;

(10) Perform other duties as may be directed by the City Mayor or the

Sangguniang Panlungsod; and

(11) Perform such other duties and functions and exercise such other powers as

may be prescribed by law or ordinance.

Section 64. The City Information Officer. - (a) The City Information Officer must be a
citizen of the Philippines, a resident of the City of Malay Boracay, of good moral character, a
holder of bachelor's degree preferably in journalism, mass communications, or any related
course from a recognized college or university, a first grade civil service eligible or its
equivalent and must have acquired at least three (3) years experience in writing articles and

research papers, or writing for print, television, or broadcast media,

(b) The City Information Officer shall receive such compensation, emoluments, and

allowances as may be determined by law.

(c) The term of the City Information Officer shall be coterminous with that of the
appointing authority;

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

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(1) Formulate measures for the consideration of the Sangguniang Panlungsod

and provide technical assistance and support to the City Mayor in providing the
appropriate information and research data required for the delivery of basic
services and provision of adequate facilities so that the public becomes aware

of said services and may fully avail of the same;

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

empowered to provide;

(3) Provide relevant, adequate, and timely information to the City and its

residents;

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

(5) Maintain effective liaison with the various sectors of the community on
matters and issues that affect the livelihood and the quality of life of the City's
inhabitants and encourage support for programs of the local and National
Government;

(6) Be in the frontline in providing information during and in the aftermath of
man-made and natural calamities and disasters or calamities, with special
attention to the victims thereof, to help minimize injuries and casualties during

and after the emergency, and to accelerate relief and rehabilitation;

(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on
all matters relative to public information and research data as it relates to the

total socioeconomic development of the City; and

(8) Perform such other duties and functions, and exercise such other powers as
provided under the Local Government Code of 1991, as amended, and those

that are prescribed by law or ordinance.

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

Section 65. The City Fire Station Service. - (a) There shall be established in the City at least
one (1) fire station with adequate personnel, firefighting facilities, and equipment, subject to
the standards, rules, and regulations that may be promulgated by the DILG. The City shall

provide the necessary land or site for the station.

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

Professionalization Act of 2004.

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

citizenry.

Section 66. The City Jail Service. — (a) There shall be established and maintained in the city
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
violent mentally ill person who endangers himself or the safety of others, duly certified as such
by the proper Medical Health Officer, pending the transfer to a mental institution.

(b) The city jail service shall be headed by a City Jail Warden whose qualifications shall
be as those provided for under Republic Act No. 9263, as amended, otherwise known
as the Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004. One shall assist in the immediate rehabilitation of
individuals or detention of prisoners. Great care must be exercised so that the human
rights of these prisoners are respected and protected, and their spiritual and physical
well-being are properly and promptly attended to.

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Section 67. The City Schools Division. - (a) There shall be established and maintained by the
DepED a city school division of the City of Malay Boracay, headed by a City Schools Division
‘Superintendent.

(b) The City Schools Division shall be headed by a City Schools Division
‘Superintendent who must possess the necessary qualifications required by the DepED.

Section 68. The City Prosecution Service. - (a) There shall be established in the city a City
Prosecution Service to be headed by a City Prosecutor and such number of Assistant City
Prosecutors, as may be necessary, who shall be organizationally part of the Department of
Justice (DOJ), and under the supervision and control of the Secretary of Justice and whose
qualifications, manner of appointment, rank, salary and benefits shall be governed by existing

laws covering prosecutors in the DOJ.

(b) The City Prosecutor shall handle the criminal prosecution in the Municipal Trial
Courts in the city as well as in the Regional Trial Courts for criminal cases originating
in the territory of the city, and shall render to or for the city such services as are required

by law, ordinance, or regulation of the DOJ.

(©) The Secretary of Justice shall always ensure the adequacy and the quality of
prosecution service in the city and for this purpose, shall, in the absence or lack or
insufficiency in number of Assistant City Prosecutors as provided hereinabove,
designate from among the Assistant Provincial Prosecutors a sufficient number to
perform and discharge the functions of the city prosecution service as provided

hereinabove.

ARTICLE IX
THE CITY REGISTRY OF DEEDS

Section 69. The City Registry of Deeds Office. - There shall be established in the City a
Registry of Deeds Office, subject to the standards, rules, and regulations as may be
promulgated by the DOJ, which shall discharge its duties under the general supervision of the
Administrator of the Land Registration Authority and the Secretary of the DOJ.

Section 70. The City Register of Deeds. - (a) The City Register of Deeds shall be the head of
the City Registry of Deeds Office. He must be a citizen of the Philippines, of good moral

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character, a member of the Integrated Bar, and must have practiced his profession for at least
five (5) years immediately preceding the date of his appointment.

(b) The City Register of Deeds shall receive such compensation, emoluments, and

allowances as may be determined by law.

(c) The City Register of Deeds shall take charge of the City Registry of Deeds Office
and shall perform such duties and functions and exercise such other powers as provided

by law.

ARTICLE X
RECLAMATION OF FORESHORE LANDS AND OWNERSHIP OF WATERWORK
SYSTEM, WATER SPRINGS, OR WATER SOURCES

Section 71. Reclamation of Foreshore Lands. The City alone shall have the authority to
reclaim foreshore lands, including submerged lands within its jurisdiction in accordance with
the provisions of Republic Act No. 1899: Provided, however, that should the city desire to
reclaim the said foreshore lands and submerged lands through third parties, the contracts
relating thereto shall become effective only when the said contracts shall have been approved
by the Sangguniang Panlungsod and the City Mayor.

Section 72. Ownership of Waterworks System, Water Springs or Water Sources, Roads,
Streets, etc. Notwithstanding the provision of Republic Act No. 1383 and other existing laws,
all existing waterworks belonging to the national government, water springs, and water sources
shall be owned by the City of Malay Boracay, and all revenues therefrom shall accrue to the
general fund of the city. All existing municipal, provincial and national roads, streets, bridges,
docks, piers, wharves, machineries, equipment and other public works improvements shall be
owned by the City of Malay Boracay except those that are pre-owned by the Provincial
Government, Philippine Ports Authority, Tourism Infrastructure and Enterprise Zone
Authority and other National Government Agencies unless turned-over to the City

Government of Malay.”

ARTICLE XI
TRANSITORY AND FINAL PROVISIONS


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Section 73. Municipal Ordinances Existing Ordinances at the Time of the Approval of
this Act. All municipal ordinances of the Municipality of Malay existing at the time of the
approval of this Act shall continue to be in force within the City of Malay Boracay until the
Sangguniang Panlungsod shall, by ordinance, provide otherwise.

Section 74. Fiscal Management. The City of Malay Boracay, after the effectivity of this Act,
shall implement the prescribed share in the General Funds every fiscal year and the succeeding
years in this manner:

(a) The Personal Services shall adhere to the prescribed limit specified in Section 325
(a) of the Local Government Code of 1991, as amended.

(b) The Local Development Projects shall adhere to the prescribed share stated in

Section 287 of the Local Government Code of 1991, as amended.

(c) The Disaster Risk Reduction and Management Fund shall adhere to the prescribed
share stated in Section 324 (d) of the Local Government Code of 1991, as amended,
and the Philippine Disaster Risk Reduction and Management Act of 2010.

(d) The Gender and Development programs and projects shall adhere to the prescribed
share stated in Republic Act No. 9710, otherwise known as the Magna Carta of Women.

(d) The programs and projects for Solid and Liquid Waste Management (SLWM) and
Environmental Management and Protection allocation shall not exceed 15% of the total
budget of each year;

(e) The City Government of Malay Boracay shall allocate at least 1% of the total budget

of each year for Research and Development programs and projects;
(f) The Other Statutory Appropriations shall be at least 1.5% of the total budget; and

(g) The Other Maintenance and Operating Expenses allocation other than that of GAD,
DRRM, SLWM, and Environmental Management Protection, Statutory Obligations,
and Other Capital Outlays shall not exceed 24% of the total budget.

(h) The entire operation of the Health Services, including their personal services, shall

not be below 5% of the total budget of cach fiscal year.

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(i) The entire operation of the Social Services, including their personal services, shall
not be below 3% of the total budget of each fiscal year.

(i) The City of Malay Boracay shall share at least 1% of the City Income realized in the
next preceding year of the proposed budget year to the component barangays to be
known as City Income Allotment (CIA). The CIA will be automatically downloaded to
the respective component barangays. In the first two (2) years after the effectivity of
this Act, the CIA shall be based on the income realized in the next preceding year where
the LGU was a municipality. The CIA will be utilized by the component barangays in
the following manner: a) 50% of the CIA shall be allocated to development projects in
the barangay concerned; b) the other 50% shall form part of their respective general
funds. A menu of development projects will be provided by the City Planning and
Development Office to ensure the projects are aligned with the City’s Development
Plan.

Section 75. Land Banking Program. The City of Malay Boracay, after the effectivity of this
Act, shall implement a land banking program within the City limits to be fulfilled for a period
of 50 years until it reaches 500 hectares. This land will be a multipurpose spaces to house all

the City Government facilities to serve the public such as but not limited to health, social,
educational, public dwelling, recreational spaces, green spaces, public spaces, pedestrian
spaces, public easement, cemetery, the city’s economic enterprises, business districts,
information technology parks, road right of way and other spaces deem necessary for city’s
growth while sustaining the community livable for generations. To achieve the goal of this
program, the City Government shall allocate not less than 5% of the total budget in the current
and succeeding years. If the 500 hectares are not attained within 50 years, the prescribed
allocation shall continue to be appropriated until the required land is realized. However, if the
required land is fulfilled sooner than 50 years, the prescribed allocation will no longer be
imposed, except when the city government necessitates further land acquisition projects. The
prescribed allocation is attributable to other funding sources of the general fund.

Section 76. Tax Moratorium. Upon the effectivity of this Act, the City of Malay Boracay
shall maintain a tax moratorium for five (5) years, wherein no increase in the rates of taxes

shall be imposed. Furthermore, it shall abide by the provisions of the Local Government Code

of 1991, as amended, which limit the authority of local government units in adjusting tax rates,



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which shall not be oftener than once every five (5) years, but in no case shall such adjustment
exceed ten percent (10%) of the rates fixed under the Code.

77. Plebiscite. The City of Malay Boracay shall acquire corporate existence upon the
ratification of its creation by a majority of the votes cast by the qualified voters in a plebiscite
to be conducted in the present Municipality of Malay within sixty (60) days from the approval
of this Act.

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

Section 78. Holdover Authority of the Officials of the Municipality of Malay. The present
elective officials of the Municipality of Malay shall continue to exercise their powers and
functions until such time that a new election is held and the duly-elected officials shall have
already qualified and assumed their offices. The appointive officials and employees of the city
shall likewise continue exercising their functions and duties, and they shall be automatically

absorbed by the City Government of Malay Boracay.

Section 79. Succession Clause. The City of Malay Boracay shall succeed to all the assets,
properties, liabilities, and obligations of the Municipality of Malay.

Section 80. Election of Provincial Governor and Sangguniang Panlalawigan Members of
the Province of Aklan, - The qualified voters of the City of Malay Boracay shall be qualified
to vote and run for any elective position in the elections for Provincial Governor, Provincial
Vice Governor, Sangguniang Panlalawigan members, and other elective offices of the Province

of Aklan.

Section 81. Jurisdiction of the Province of Aklan, - The City of Malay Boracay shall, unless

otherwise provided by law, continue to be under the jurisdiction of the Province of Aklan.

Section 82. Legislative District. Until otherwise provided by law, the City of Malay Boracay
shall continue to be a part of the Second Congressional District of the Province of Aklan.

Section 83. Applical of Laws. The Local Government Code of 1991, as amended, other

laws pertaining to the Province of Aklan, and such laws as are applicable to cities shall govern

the City of Malay Boracay insofar as they are not inconsistent with the provisions of this Act.

89


2496
2497

2498
2499
2500
2501

2502
2503

Provided, however, that the land requirement prescribed under Republic Act No. 11683 shall
not apply to the City of Malay Boracay.

Section 84. Separabi

‘Charter shall be held unconstitutional, invalid or inconsistent with the Local Government Code

Clause. If, for any reason or reasons, any part or pro

of 1991, as amended, the other parts or provisions hereof which are not affected thereby shall

continue to be in full force and effect.

Section 85. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication

in the Official Gazette or in a newspaper of general circulation.

Approved,