Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSEBILLNO, 4472

Introduced by REP. PHILIP A, PICHAY

Explanatory Note

Under the Local Government Code, as amended, a municipality may be converted into a
component city if it has an average annual income of at least Php100,000,000,00 for the last two
consecutive years. The law further imposes either of the two additional requisites: a contiguous
territory of at least 100 square kilometers, or a population of at least 150,000 inhabitants. With
an average annual income of over Php 200,000,000.00 and a land area of 265.80 square
kilometers, the Municipality of Carrascal actually surpasses the requirements of the law on the
said requisites.

Composed of fourteen (14) barangays, Carrascal is one of the thriving municipalities in the
province of Surigao del Sur. It is home to several mining projects which contribute to its robust
growth as a municipality, thereby ensuring the development of the Carrascalnons

In a feasibility study on wind power development in the Philippines conducted for the
Ministry of International Trade and Industry of Japan (MITI), the Philippine National Oil
Company ~ Energy Development Corporation (PNOC-EDC) investigated the prospects of wind
energy in a site approximately 300 meters above sea level in the mining area near Carrascal, The
site is accessible from a highway under construction and further made accessible by exploration
toads constructed by mining companies. The terrain is mostly flat, with minimal vegetation,
causing minimal turbulence to wind flow in the area. With ground measurements yielding wind
speeds of 8-11 mis, this site has good to excellent wind power potential by industry standards.
However, further validation studies of at least one year of wind data gathered from the site are
still needed. It is noteworthy that transmission lines of local cooperatives pass through this wind
power candidate site, making it more attractive for wind and/solar energy development to
alleviate badly needed energy infrastructure to sustain large scale industrialization. Pursuing this
potential to the fullest is crucial to Carrascal’s bid to become the northernmost “city” of
Surigaodel Sur.

In the light of the foregoing, the immediate passage of this bill is Ty sought.
PHIM . PI Wf
I



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Sessi

HOUSE BILL NO.

Introduced by REP, PHILIP A, PICHAY

AN ACT
CONVERTING THE MUNICIPALITY OF CARRASCAL INTO AN INDEPENDENT.
COMPONENT CITY TO BE KNOWN AS THE CITY OF CARRASCAL

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1, Title, ~ This Act shall be known as the Charter of the City of
Carrascal,

SEC. 2. The City of Carrascal. - The Municipality of Carrascal shall be converted
into an independent component city to be known as the City of Carrascal, hereinafter
referred to as the City, which shall comprise of the present territory of the Municipality
of Carrascal, Surigao del Sur, The territorial jurisdiction of the City shall be within the
present metes and bounds of the Municipality of Carrascal.

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 Carrascal and the adjoining local government units: Provided,
‘That the territorial jurisdiction of the disputed area or areas shall remain with the local
government unit, which has existing administrative supervision over said area or areas until the
final resolution of the case,

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


a) To have a continuous succes

b) To sue and be suet

©) To have and use a corporate seal;

4) To acquire, hold and convey real or personal property;

©) To enter into any contract and/or agreement; and

1) To exercise such other powers, prerogatives or authority subject to the limitations
provided in this Act or laws.

n in its corporate name;

SEC. 4. General Powers. ~The City shall have a common seal and may alter the same at
pleasure. It shall exercise the powers to levy taxes; to close and open roads, streets, alleys, parks
or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal
property for the general interests of the City: to expropriate or condemn private property for
public use; to contract and be contracted with; to sue and be sued; to prosecute and defend to
final judgment and execution suits wherein the City is involved or interested in; and to exercise
all the powers as are granted to corporations or as hereinafter conferred.

SEC. $. Liability for Damages. ~ The City and its officials shall not be exempt from
liability for death or injury to persons or damage to property.

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

The city court of the City of Carrascal shall have concurrent jurisdiction with the city or
municipal court of the adjoining municipalities or cities, to try crimes and misdemeanors
committed within said drainage area or within said spaces of one hundred meters (100 m.). ‘The
court first taking cognizance of such an offense shall have jurisdiction to try said cases to the
exclusion of others, The police force of several municipalities and cities concerned shall have
concurrent jurisdiction with the police of the City for the maintenance of good order and the
enforcement of ordinances throughout said zone, area or spaces. 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 concerned, and the fees arising therefrom shall accrue to the treasury of the said city
or municipality concerned and not to the City.

ARTICLE IL
CITY OFFICIALS IN GENERAL

SEC. 7. The Officials of the City of Carrascal.

a) ‘There shall be in the City of Carrascal a city mayor a elty vice mayor, sangguntang
panlungsod members, a seoretary fo the sanaguniang pankungsod, a ity treasures and
assistant city treasures, a city assessor and an assistant city assessor, a city accountant @
cily budget officer, a city planning and development officer, a city engineer, a city hea



officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare
and development officer, a city veterinarian and a city general services officer,
b) In addition thereto, the city mayor may appoint a city environment and natural resources
officer, a city architect, a city information officer, a city cooperatives officer, a city
population officer and a city agrioulturist.
©) There shall be established in the City a city fire station to be headed by a city fire
marshal, a city jail to be headed by a city jail warden and a city schools division to be
headed by a city schools division superintendent,
d) ‘The City of Carrascal may
1. Maintain existing offices not mentioned in subsections (a), (b) and (c) hereof;
2. Create such other offices as may be necessary fo carry out the purposes of the
City; or
3. Consolidate the functions of any office with those of another in the interest of
efficiency and economy.
©) Unless otherwise provided herein, heads of departments and offices shall be appointed by
the city mayor with the concurrence of the majority of all the members of the
sangguniang pantungsod, subject to civil service law, rules and regulations, The
sangguniang panlungsod shall act on the appointment within fifteen (15) days from the
day of its submission, otherwise the same shall be deemed confirmed.

ARTICLE IT
THE CITY MAYOR AND CITY VICE MAYOR

SEC. 8, The City Mayor.

a) ‘The city mayor shall be the chief executive of the City. He shall be elected at large
by the qualified voters of the City. No person shall be eligible for the position of city
mayor unless, at the time of the election, he is at least twenty-one (21) years of age,
an actual resident of the City for at least one year prior to his election and a qualified
voter therein. He shall hold office for three years, unless sooner removed, and shall
receive a minimum monthly compensation corresponding to Salary Grade Thirty (30)
as prescribed under Republic Act No. 6758, otherwise known as the Salary
Standardization Law, and the implementing guidelines issued pursuant thereto

b) ‘The city mayor, as the chief executive of the city government, shall exercise such
powers and perform such duties and functions as provided herein:

©) For efficient, effective and economical governance, the purpose of which is the
general welfare of the city and its inhabitants, the city mayor shal

(i) Exercise those powers expressly granted to him by law, those necessarily
implied therefrom, as well as powers necessary, appropriate or incidental
for the efficient and effective governance of the City, and those which are
essential to the promotion of the general welfare:

(ii) Determine the guidelines of city policies and be responsible to the
sangguniang panlungsod for the program of government;

(iii) 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;



(iy)

w)

(wi)

(vii)

(viii)

(ix)

(x)

(xi)

(sii)

(siti)

(xiv)

(xv)

Present the program of government and propose policies and projects for
the consideration of the sangguniang panlungsod at the opening of the
regular session of the sangguniang panlungsod every calendar year and as
often as may be deemed necessary as the general welfare of the inhabitants
and the needs of the city government may require;

Initiate and propose legislative measures to the sangguniang panlungsod
and as often as may be deemed necessary, provide such information and
data needed or requested by said sanggunian in the performance of its
legislative functions;

Appoint all officials and employees whose appointments are not otherwise
provided for in this Act, as well as those he may be authorized by law to
appoint;

Represent the City in all its business transactions and sign on its behalf all
bonds, contracts and obligations, and such other documents upon authority
of the sangguniang panlungsod or pursuant to law or ordinance;

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

Determine the time, manner and place of payment of salaries or wages of
the officials and employees of the City, in accordance with law or
ordinance
Allocate and assign office space to the City and other officials and
employees who, by law or ordinance, are entitled to such space in the city
hall and other buildings owned or leased by the city government;

Ensure that all executive officials and employees of the City faithfully
discharge their duties and functions as provided by law and this Act, 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 his official duties;

Examine the books, records and other documents of all offices, officials,
agents or employees of the City and, in aid of his exeoutive powers and
authority, require all national officials and employees stationed in or
assigned to the City to make available to him such books, records and
other documents in their custody except those classified by law as
confidential;

Fumish copies of executive orders issued by him to the Office of the
President and the Office of the Secretary of the Interior and Local
Government within seventy-two (72) hours after their issuance;

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

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



)

Ly)

)

known as the

forces in the City in accordance with Republic Act No. 6975, otherwis
Philippine National Police Law; and

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

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

Require each head of an office or department to prepare and submit an estimate of
appropriations for the ensuing calendar year, in accordance with the budget
preparation process enshrined under Republic Act No, 7160, otherwise known as the
Local Government Code of 1991;

Prepare and submit to the sanggunian for approval the executive and supplemental
budgets of the City for the ensuing calendar year in the manner provided for under the
Local Government Code of 1991;

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

m) Issue licenses and permits and suspend or revoke the same for any violation of the

n)

Pp)
cy)
1)

8)

conditions upon which said licenses or permits had been issued, pursuant to law or
ordinance;
Issue permits, without need of approval therefore from any national agency, for the
holding of activities for any charitable or welfare purpose, excluding prohibited
games of chance or shows contrary to law, public policy and public morals;
Require owners of illegally constructed houses, buildings or other structures to obtain
the necessary permit, subject to such fines and penalties as may be imposed by law or
ordinance, ot to make necessary changes in the construction of the same when said
construction violates any law or ordinance, or to order the demolition or removal of
said house, building or structure within the period prescribed by law or ordinance;
Adopt adequate measures to safeguard and conserve land, mineral, forest and other
resources of the City
Provide efficient and effective property and supply management in the City and
protect the funds, credits, rights and other properties of the City; and
Institute or cause to be instituted administrative or judicial proceedings for violation
of ordinances in the collection of taxes, fees or charges, and for the recovery of funds
and property; and cause the City to be defended against all suits to ensure that its
interests, resources and rights shall be adequately protected:

() Ensure the delivery of basic services and the provision of adequate

facilities and, in addition thereto, shall:

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



t) Coordinate the implementation of technical services, including public works and
infrastructure programs, rendered by national offices; and
(Perform such other duties and functions and exercise such other powers,
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
u) During his incumbency, the city mayor shall hold office in the city hall.

SEC. 9. The City Vice Mayor.

(a) There shall be @ city vice mayor who shall be elected in the same manner
as the city mayor and shall at the time of his election, possess the same qualifications as
the city mayor, He shall hold office for three years, unless sooner removed, and shall
receive a monthly compensation corresponding to Salary Grade Twenty-six (26) as
prescribed under the Salary Standardization Law and the implementing guideline
pursuant thereto,

(b) The city vice mayor shall:

(1) Be the 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;

2) Subject to civil service law, rules and regulations, appoint all
officials and employees of the sangguniang panlungsod, except
those whose manner of appointment is specifically provided for
under existing laws;

(3) Assume the office of the city mayor for the unexpired term of the
latter in the event of permanent vacancy;

ise the powers and perform the duties and functions of the city
mayor in cases of temporary vacancy; and

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

(4)

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

SEC. 10. Composition. -

(a) The sangauniang panlungsod, the legislative body of the City, shall be composed of
the city vice mayor as presiding officer, the 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 sectoral representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the
women, 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 and one


4)

)

8)
hy

(xvi) Authorize official trips of city officials and employees outside of the City
for a period not execeding thirty (30) days: Provided, That the trips
abroad or for a longer period may be authorized in accordance with the
Local Government Code of 1991;

(xvii) Call upon any national official or employee stationed in or assigned to the
City to advise him on matters affecting the City and to make
recommendations thereon; coordinate with said officials and employees in
the formulation and 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 his official duties while stationed in or
assigned to the City;

(xviii) Authorize payment for medical care, necessary transportation, subsistence,
hospital or medical fees of city officials and employees who are injured
while in the performance of their official duties and functions, subject to
the availability of funds;

(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

Submit to the provincial governor the following reports: (a) an annual

report containing a summary of all matters pertinent to the management,

administration, and development of the City and all information and data

relative to its political, social and economic conditions, and, (b)

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;

force all laws and ordinances relative to the governance of the City and

in the exercise of its appropriate corporate powers, as well as implement
all approved policies, programs, projects, services and activities of the
City:

Ensure that the acts of the City’s component barangays and of its officials and

employees are within the scope of their prescribed powers, duties and functions;

Call conventions, conferences, seminars or mectings of clective or appointive

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

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

Issue such executive orders for the faithful and appropriate enforcement and

execution of laws and ordinances;

Be entitled to carry the necessary firearms within his territorial jurisdiction;

‘Act as the deputized representative of the National Police Commission, formulate the

peace and order plan of the City and, upon its approval, implement the same; and as

such exercise the general and operational control and supervision over the police

(xxii)



(1) from the other sectors, including the urban poor, indigenous cultural communities and
disabled persons.

(c) ‘The regular members of the sangguniang panlungsod and the sectoral representatives
shall be elected in the manner as may be provided by law, The clective members of the
sangguniang pantungsod shall possess the same qualifications as that of the city mayor and vice
mayor.

SEC. 11. Powers, Duties, Functions and Compensation.
(a) The sangguniang panlungsod, as the legislative body of the City, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the City and its inhabitants
putsuant to Section 16 of the Local Government Code and in the proper exercise of the corporate
powers of the City as provided for under Section 22 of the Local Government Code, and shall
(a) They shall receive such compensations, emoluments, and allowances as may be
determined by law.

(c) The sangguniang panlungsod shall:

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

(a) Review all ordinances approved by the sangguniang barangay and executive
orders issued by the punong barangay to determine whether there are within
the scope of the prescribed powers of the sangguniang barangay and of the
punong barangay;

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

(c) Approve ordinances imposing a fine not exceeding Five Thousand Pesos
(5,000.00) or an imprisonment for a period not exceeding one (1) year, or
both, at the discretion of the court, for the violation of a city ordinance;

(d) 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;

(©) Enact ordinances intended to prevent, suppress and impose appropriate
penalties for habitual drunkenness in public places, vagrancy, mendicancy,
prostitution, establishment and maintenance of houses of ill-repute, gambling,
and other prohibited games of chance, fraudulent devices and ways to obtain
money ot property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution and exhibition of obscene or


pornographic materials or publications, and such other activities inimical to

the welfare and morals of the inhabitants of the City;

() 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 and smuggling of logs, smuggling of
natural resources products and of endangered species of flora and fauna,
slash-and-burn farming, and such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes or of ecological imbalance;

(g) Subject to the provisions of the Local Government Code and pertinent laws,
determine the powers and duties of officials and employees of the City;

(h) 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 expenditure necessary for the proper conduct
of programs, projects, services and activities of the city government;

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

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

(k) 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 offivials stationed in or
assigned to the City;

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

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


(2) Generate and maximize the use of resources and revenues for the development plans,

program objectives and priorities of the City, with particular attention to agro-industrial
development and city-wide growth and progress

(a) 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 fo law in order to promote the
general welfare of the City and its inhabitants;

(b) Subject to the provisions of Book Il of the Local Government Code and
applicable laws and upon the majority vote of all members of the
sangguniang panlungsod, enact ordinances levying taxes, fees and charges,
prescribing the rates thereof for general and specific purposes, and granting
tax exemptions, incentives or reliefs;

(c) Subject to the provisions of Book II of the Local Government Code and upon
majority vote of all members of the sangguniang panlungsod, authorize the
city mayor ( negotiate and contract loans and other forms of indebtedness;

(d) Subject to the provisions of Book I of the Local Government Code and
applicable laws and upon the majority vote of all the members of the
sangguniang panlungsod, cnact ordinances authorizing the floating of bonds
or other instruments of indebtedness, for the purpose of raising funds to
finance development projects;

(c) Appropriate funds for the construction and maintenance or the rental of
buildings for the use of the City; and upon the majority vote of all members
of the sangguniang panlungsod, authorize the city mayor to lea:
parties such public buildings held in a proprietary capacity, subject to existing
laws, rules and regulations;

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

() Adopt a comprehensive land use for the Citys

(h) Reclassify land within the jurisdiction of the City, subject to the pertinent
provisions of the Local Government Code;

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



G)_ Subject to national law, process and approve subdivision plans for residential,
commercial, or industrial purposes and other development purposes, and to
collect processing fees and other charges, the proceeds of which shall accrue
entirely to the City: Provided, however, That where approval of a national
agency or office is required, such 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;

(k) Subject to the provisions of Book IT of the Local Government Code, grant the
exclusive privilege of constructing fish corals or fish pens, prawn fry or
kawag-kawag, or fry of any species or fish within the city waters;

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

(m) Grant loans ot provide grants to other local government units or to national,
provincial, and city charitable, benevolent or educational institutions:
Provided, That said institutions are operated and maintained within the City;

(n) Regulate the numbering of residential, commercial and other buildings; and,
(0) Regulate inspections, weighing and measuring articles of commerce.

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

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

(b) 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;

(c) Provide for and set the terms and conditions under which public utilities
owned by the City shall be operated by the city government, and prescribe the
conditions under which the same may be leased (0 private persons or entities,
preferably cooperatives:

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


(e)

wo

(g)

Any law to the contrary notwithstanding, authorize and lices the
establishment, operations, and maintenance of cockpits, and regulate
cockfighting and commercial breeding of gamecocks: Provided, ‘That existing
rights should not be prejudiced

Subject to the guidelines prescribed by the Department of Transportation and
Communications, regulate the operation of tricycles and grant franchises for
the operation thereof within the territorial jurisdiction of the City; and,

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

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

@
(b)

(g)

Declare, prevent, or abate any nuisance:

Require that buildings and the premises thereof and any | and within the City
be kept and maintained in a sanitary condition; impose penalties for any
Violation thereof; or upon failure to comply with said requirement, have the
work done at the expense of the owner, administrator or tenant concerned; or
require the filling up of an land or premises to a grade necessary for proper
sanitation;

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

Regulate the establishment, operation and maintenances of cafes, restaurants,
beethouses, hotels, motels, inns, pension houses, lodging houses, and other
similar establishments, including tourist guides and transports;

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

Regulate the establishment and provide for the inspection of steam boilers or
any heating device in buildings and the storage of inflammable and highly
combustible materials within the Ci

Regulate the establishment, operation, and maintenance of any entertainment
or amusement facilities, including the theatrical performances, circuses,
billiard pools, public dancing schools, public dance halls, sauna baths,



a)

massage parlors, and other places for entertainment, particularly those which
tend to disturb the community or annoy the inhabitants, or require the
suspension ot suppression of the same; or prohibit certain forms of
amusement or entertainment in order to protect the social and moral welfare
of the community; and,

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

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

(b)

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(d)

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Provide for the establishment, maintenance, protection and conservation of
communal forests and watersheds, tree parks, green belts, and other similar
forest development projects;

Establish markets, slaughterhouses or animal corrals and authorize the
operation thereof by the city government and regulate the construction and
operation of private markets, talipapas or other similar buildings and
structures;

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

Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and
other public places and approve the construction, improvement, repair and
maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicles which serve the
public; regulate garages and the operations of conveyances for hire;
designate stands to be occupied by public vehicles when not in wi
regulate the putting up of signs, signpost, awnings and awning posts in the
streets; and provide for the lighting, cleaning and sprinkling of streets and
public places:

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

Subject to existing laws, establish and provide for the maintenance, repair
and operation of an efficient waterworks system to supply water for the
inhabitants and to purify the source of the water supply; regulate the
construction, maintenance, repair and use of hydrants, pumps, cisterns and
reservoirs; protect the purity and quantity of the water supply of the City


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and, for this purpose, extend the coverage of appropriate ordinances over
all tetvitory within the drainage area of said water supply and within one
hundred meters (100m.) of the reservoir, conduit, canal, aqueduct, pumping
station, or watershed used in connection with the water service; and
regulate the consumption, use or wastage of water and fix and collect
charges thereof;

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

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

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 with the approval
of the Department of Education and subject to existing laws on tuition fees
and other school charges in educational institutions supported by the city
government;

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

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

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

Provide for the care of disabled persons, paupers, the aged, the sick,
petsons of unsound mind, abandoned minors, juvenile delinquents, drug
dependents, abused children and youth below eighteen (18) years of age:
and, subject (0 availability of funds, establish and provide for the operation
of centers and facilities for said needy disadvantaged persons:


(n) — Establish and provide for the maintenance and improvement of jails and
detention centers, institufe an a sound jail management program, and
appropriate funds for the subsistence of detainees and convicted prisoners
in the City;

(0) Establish a city council whose purpose is the promotion of culture and the
arts, coordinate with government agencies and non-governmental
organizations and, subject to the availability of funds, appropriate funds for
the support and development of the same; and,

(p) Establish a city council for the elderly which shall formulate policies and
adopt measures beneficial to the elderly and to the community; provide
incentives for non-governmental agencies and entities and, subject to the
availability of funds, appropriate funds to support programs and projects
for the benefit of the elderly,

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

ARTICLE V
PROCESS OF LEGISLATION

SEC. 11. Internal Rules of Procedure . - (a) On the first regular session following the
election of its members and within ninety (90) days thereafter, the sangguniang panlungsod shall
adopt or update its existing rules of procedure.

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

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 women and family, human rights, youth and
sports development, environmental protection, and cooperatives; the general
jurisdiction of each committee; and the election of chairman and members each of

‘The order and calendar of business for each session;

‘The legislative process;

‘The parliamentary procedures which include the conduct of members during

sessions;


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

Such other rules as the sanggunian may adopt.

SEC. 12. Full Disclosure of Financial and Business Interest of Sangguniang Panlungsod

Members.

a full disclosure of his busin
financial, or prof

(a) Every sangguniang pantungsod member shall, upon assumption to office, make
and financial interest. He shall also disclose any business,
ity within the

sional relationship or any relation by affinity or consanguii

fourth civil degree, which he may have with any person, firm or entity affected by any ordinance
or resolution under consideration by the sanggunian of which he is a member, which relationship
may result in conflict of interest, Such relationship shall include:

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Ownership of stock of capital or investment in the entity or firm to which the
ordinance or resolution may apply; and

Contracts or agreements with any person or entity which the ordinance or
resolution under consideration may affect.

In the absence of specific constitutional or statutory provision applicable to this situation,
“conflict of interest” refers in general to one where it may be reasonably deduced that a
member of a sanggunian may not act in the public interest due to some private, pecuniary or
other personal 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:

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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

Disclosure shall he made when a member takes a position or makes a privilege
speech on a matter that may affect the business interest, financial connection, or
professional relationship described herein.


SEC. 13. Session. - (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,

(c)_ All sanggunian sessions shall be open to the public unless a closed-door session is
ordered by the affirmative vote of a majority of the members presents, 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.

(a) 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,

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

(c) The sanggunian shall keep a journal and record of its proceedings which may be
published upon resolution of the sangguniang pantungsod.

SEC. 14, 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 and announce the results

(b) Where there is no quorum, the presiding officer may declare a recess until such time as a
quorum is constituted, or a majority of the members present may 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 to the territorial jurisdiction of the City of Carrascal, 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 the lack of
quorum.


SEC. 15. Approval of Ordinances. ~ (a) Every ordinance enacted by the sangguniang
panlungsod shall be presented to the city mayor. If the mayor approves the same, he shall affix
his signature on cach 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 two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all legal intents and purposes.

(b) ‘The veto shall be communicated by the city mayor to the sanggunian within ten (10)
days; otherwise, the ordinance shall be deemed approved as if he had signed it

SEC. 16, Veto Power of the City Mayor. ~ (a) ‘The city mayor may veto any ordinance
of the sangguniang panlungsod on the ground that it is uifra vires or prejudicial to the public
welfare, stating his reasons therefore in writing,

(b) The city mayor shall have the power to veto any particular item or items of an
appropriations ordinance, an ordinance or resolution adopting a local development plan, any
public investment program, or an ordinance directing the payment of money or creating liability
In such case, the veto shall not affect the item or items which ate not objected to, The vetoed
item or items shall not take effect unless the sangguniang panlungsod overrides the veto in the
manner herein provided: otherwise, the item or items in the appropriations ordinance of the
previous year corresponding to those vetoed, if any, shall be deemed reenacted,

(c) The city mayor may veto an ordinance or resolution only once. ‘The sanggunian may
override the veto of the city mayor by two-thirds(2/3) vote of all its members, thereby making
the ordinance effective even without the approval of the city mayor.

SEC. 17. Review of Barangay Ordinances by the Sangguniang Panlungsod. — (a)
Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang panlungsod for review as to whether the ordinances is
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.

(c) The sanggunian panlungsod finds the barangay ordinances inconsistent with law or
city ordinances, the sangguniang palungsod shall, within thirty (30) days from receipt thereof,
return the same with its comments and recommendations to the sanguniang barangay concerned
for adjustment, amondment, or modification; in which case, the effectivity of the barangay
ordinance is suspended until such time as the revision called for is effected.

SEC. 18. 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.

SEC. 19. 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 Carrascal, and in at least two (2) other
conspicuous places in the City of Carrascal.

(b) The secretary to the sangguniang panlungsod shall cause the posting of an ordinance
or resolution in the bulletin board at the entrance of the city hall of Carrascal and in at least two
(2) conspicuous places in the City of Carrascal not later than five (5) days after approval thereof,

‘The text of the ordinance or resolution shall be disseminated and posted in Filipino or
English and in the language or dialect understood by the majority of the people in the City and
the secretary of the sangguniang panlungsod shall record such fact in a book kept for the
purpose, stating the dates of approval and posting.

(c) The main features of the ordinance or resolution duly enacted or adopted shall, in
addition to being posted, be published once in a local newspaper of general circulation within the
City: Provided, That in the absence thereof, the ordinance or resolution shall be published in any
newspaper of general circulation: Provided, further, That the gist of all ordinances with penal
sanctions shall also be published in a newspaper of general circulation.

ARTICLE VI
DISQUALIFICATION AND SUCCESSION OF ELECTIVE CITY OFFICIALS

SEC. 20, Disquaification for Elective Public City Offictals. — The following persons are
disqualified from running for any elective position in the City:

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

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

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

(@) Those with dual citizenship;

(e) Fugitives from justice in criminal or non-political cases here and abroad;


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

(g) The insane or fecble-minded.

SEC. 21. Permanent Vacancy in the Office of the City Mayor and City Vice-Mayor. ~
(a) Ifa permanent vacancy occurs in the office of the City mayor, the city vice-mayor concemed
shall become the city mayor. If permanent vacancy occurs in the office of the vice-mayor, the
highest ranking sangguniang panlungsod member or, in case of his permanent incapacity, the
second highest ranking sangguniang pantungsod member, shall become the city mayor or city
vice-mayor, as the case may be. Subsequent vacancies in the said offices shall be filled
automatically by the other sanggunian members according to their ranking as defined herein.

(b) A tie between or among the highest ranking sangguniang panlungsod members shall
be resolved by drawing of lots,

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

For purposes of this Act, a permanent vacancy arises when an elective local official fills a
higher vacant office, refuses 10 assume office, fails to qualify, dies, is removed from office,
Voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his
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.

SEC. 22, Permanent Vacancies in the Sanggunian. ~ 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 President, through the Executive Secretary, shall make the aforesaid appointment;

(2) Only the nominee of the political party under which the sanggunian member
concermed 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 concemed are conditions sine
{qua non, and any appointment without such nomination and certification shall be null and


void ab anitio and shall be ground for administrative action against the official
responsible thereof;

(3) Incase 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 vacaney; 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 concemed,

SEC. 23. Temporary Vacancy in the Office of the City Mayor. - (a) When the city
mayor is temporatily incapacitated to perform his duties for physical of legal reasons such as, but
not limited to leave of absence, travel abroad, and suspension from office, the city vice-mayor, or
the highest ranking sangguniang panlungsod member, shall automatically exercise the powers
and perform the duties and functions of the city mayor, except the power to appoint, suspend, or
dismiss employees which can only be exercised if the period of temporary incapacity exceeds
thirty (30) working days.

(b) Said temporary incapacity shall terminate upon submission to the sangguniang,
panlungsod of a written declaration by the city mayor that he has reported back to office. In
cases where the temporary incapacity is duc to legal causes, the city mayor shall also submit
necessary documents showing that said legal causes no longer exist.

(c) When the city mayor is traveling 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.

(4) In the event, however, that the city mayor fails or refuses to issue such
authorization, the city vice-mayor or the highest ranking sangguniang pantungsod member, as
the case may be, shall have the right to assume the powers, duties and functions of the said office
in the fourth day of absence of the city mayor, subject to the limitations provided in subsection
(c) hereof.

(e) Except as provided above, the city mayor shall in no case authorize any local official to
assume the powers, duties, and functions of the office, other than the city vice-mayor, or the
highest ranking member of the sangguniang panlungsod, as the case may be.


ARTICLE VIE
CITY OFFICERS IN GENERAL

SEC. 24, City Offices. - (a) There shall be established in the city government of the
City of Carrascal the following offices for its elective officials:

(1) The Office of the City Mayor;

(2) The Office of the City Vice Mayor;

(3) The Offfice of the Members of the Sangguniang Panlungsod;

(b) The City shall likewise establish the following offices:

(1) Finance Department. To be composed of the Office of the City Treasurer and

Assistant City T
the Office of the

‘ity Accountant, and the Office of the City Budget Officer;

(2) Health Department

wer, the Office of the City Assessor and the Assistant City Assessor,

Yo be composed of the Office of the City Health Officer, the

Office of the City Veterinarian, and the Office of the City Environemnt and Natural

Resources Officer;

(3) Legal Department, To be composed of the Office of the City Legal Officer;

(4) General Services Department, To be composed of the Office of the City General

Services, Office of the City Civil Registrar, Office of the C
the City Social Welfare and Development Officer, Office of the
Office of the
Office of the Seoretary of the Sanggunian;

Administrator, Office of
y Information Officer,
ity Population Officer, Office of the City Cooperatives Officer, and the

(5) Planning Department. To be composed of the Office of the City Engineer, Office of

the City Architect, and the Office of the City Planning and Development Coordinator.

(©) The city mayor, as the chief executive of the City,

shall have the power to designate

the heads of the aforementioned departments, subject to the approval of the members of the

sangguniang pankingsod.

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

SEC, 28. The Secretary to the Sangguniang Panlungsod. - (a) There shall be a
secretary to the sangguniang paniungsod with the rank and salary equal to a head of department

or office, who shall be appointed by the city mayor,


(b)

No person shall be appointed scoretary to the sangguniang panlungsod unless he is a

citizen of the Philippines, a resident of the City of Carrascal, of good moral character, a holder of
a college degree preferably in law, commerce or public administration from a recognized college
or university, and a first grade civil service eligible or its equivalent,

(c)

‘The term of the secretary to the sangguniang panlungsod is coterminous with that of

the appointing authority.

(dd)

‘The secretary to the sangguniang pantungsod shall take charge of the Office of the

sangguniang pantungsod and shall:

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‘Attend meetings of the sangguniang panlungsod and keep a joumal of its
proceedings;

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;

Forward to the city mayor, for approval, copies of ordinances enacxted by the
sangguniang panlungsod and duly certified by the presiding officer;

Fumish, upon request of any interest party, certified copioes of records of public
character in his custody upon payment to the city treasurer of such fees as may be
prescribed by ordinance;

Record in a book for the purpose all ordinances and resolutions cnacted or adopted
by the sangguniang panlungsod, with the dates of passage and publication thereof,

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

‘Translate into the dialect used by the majority of inhabitants all ordinances and
resolutions immediately afler their approval, annd cause the publication of the same
together with the original version in the manner provided for under the Local
Government Code,

y and

Take custody of the local archives and, where, applicable, the local libra
annually account for the same; and,

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


SEC. 26. The City Treasurer. - (a) The city treasurer shall be appointed by the
Seoretary of Finance from a list of at least three ranking eligible recommendees of the city
mayor, subject to civil service law, rules and regulations,

(b) The city treasurer shall be under the administration and supervision of the city
(o whom he shall report regularly on the tax collection efforts of the City.

mayor,

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

(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 Treasury Office and shall:
(1) Advise the city mayor, sangguniang panlungsod and other local government and
national officials concerned regarding, disposition of local government funds and such

other matters relative to public finance;

(2) Take custody and exercise proper management of 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 ordinances, pursuant to the provisions of
the Local Government Code;

(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 Republic Act No. 7160, otherwise known as the Local Government Code, and
those that are prescribed by law or ordinance.

SEC. 27. The Assistant City Treasurer. - (a) ‘The assistant city treasurer may be
appointed by the Secretary of Finance from a list of at least three (3) ranking eligible
recommendees of the city mayor, subject to civil service laws, 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 Carrascal, of good moral character, a holder of a college
degree preferably in commerce, public administration, or law from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired at
least five (5) years experience in treasury or accounting.



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

(d) The assistant city treasurer shall assit the city treasurer and perform such other duties
as the latter may assign him, He shall have authority to administer oaths concerning notices and
notifications to those delinquent in the payment of the real property tax and concerning offical
matters relationg to the accounts of the city treasurer otherwise arising fropm the offices of the
city tresurer and the city assessor.

SEC. 28, The City Assessor. - (a) The city assessor must be a citizen of the Philippines,
a resident of the City of Carrascal, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce, or any other related course from a
recognized college or university, and a first grade civil service eligible or its equivalent. He must
have acquired experience in real property assessment work or in any related field for at least 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 Assessor's Office 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 all real properties
within the City are properly listed in the assessment rolls;

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

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



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

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

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

(10) Submit every semester a report of all assessments, as well as cancellations and
modifications of assessments, to the city mayor and the sangguniang pantungsod; and,

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

SEC. 29.The Assistant City Assessor, - (a) The assistant city assessor must be a citizen
of the Philippines, a resident of the City of Carrascal, of good moral character, a holder of a
college degree preferably in civil or mechanical engineering, commerce, or any related course
from a recognized college or university, and a first grade civil service eligible or its equivalent.
He must have acquired experience in assessment or in any related field for at least three (3) years
immediately preceding the day of his appointment.

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

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

SEC. 30. The City Accountant.

(a)The city accountant must be a citizen of the Philippines, a resident of the City of
Carrascal, of good moral character and a certified public accountant, He must have
acquired experience in the treasury or accounting service for at least five years
immediately preceding the date of his appointment.

(byThe city accountant shall receive such compensation, emoluments and allowances as
may be determined by law.

(c)The city accountant shall take charge of both the office of the accounting and internal
audit services, and shall:

(U)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 to which expenditures and
obligations may be properly charged;

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

(6Prepare statements of cash advances, liquidations, salaries, allowances,
reimbursements and remittances pertaining to the

(DPrepare statements of journal vouchers and liquidations of the same and other
adjustments related thereto;

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

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

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

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

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

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

SEC. 31. The City Budget Officer. -

(a)The city budget officer must be a citizen of the Philippines, a resident of the City of
al, 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 first grade civil service eligible or its equivalent. He must have acquired
exporience in government budgeting or in any related field for at least five years
immediately preceding the date of his appointment.

(bythe city budget officer shall take charge of the city budget department, and shall:


()Prepare forms, orders and circulars embodying instructions on budgetary and
appropriation matters for the signature of the city mayor;

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

(3)Assist the city mayor in the preparation of the budget and during budget
hearings;

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

(5)Submit periodic budgetary reports to the DBM;

(6)Coordinate with the city treasurer, the city accountant and the city planning.
and development officer for the purpose of budgeting;

(7)Assist the sangguniang panlungsod in reviewing the approved budgets of
component units and 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 for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or ordinance.

SEC 32. The City Planning and Development Officer.

(a)Phe city planning and development officer must be a citizen of the Philippines, a
resident of the City of Carrascal, of good moral character, a holder of a college degree
preferably in urban planning, development studies, economics, public administrati

any related course from a recognized college or university, and a first grade ci

il service

eligible or its equivalent, He must have acquired experience in development planning or

in any related field for at least five years,

(bythe city planning and development officer shall receive such compensation,
emoluments and allowances as may be determined by law.

(o)The city planning and development officer shall take charge of the city planning and

development coordinating office, and shall:

(1)Formulate integrated economic, social, physical and other development plans

and policies for consideration of the City;

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


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

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

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

(6)Analyze the income and expenditure patterns and formulate and recommend
fiscal plans and policies for consideration of the finance committee of the
sangguniang pantungsod;

(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 for under Republic Act No, 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or ordinance,

SEC. 33. The City Engineer

(a)The city engineer must be a citizen of the Philippines, a resident of the City of
Carrascal, of good moral character and a licensed civil engincer. He must have acquired
experience in the practice of his profession for at least five years immediately preceding
the date of his appointment.

(bYThe city engineer shall receive such compensation, emoluments and allowances as
may be determined by law.

(c)The city engineer shall take charge of the city engineering office, and shall:

(A)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, publie works and other engineering
matters;

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

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


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

SEC. 34. The City Health Officer

(a)The city health officer must be a citizen of the Philippines, a resident of the City of
Carrascal, of good moral character, and a licensed medical practitioner. He must have
acquired experience in the practice of his profession for at least five 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.

(c)The city health officer shall take charge of the office of the city health services, and

shall:

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

(2)Formulate measures for the consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out
activities to ensure the delivery of basic services and the provision of adequate
facilities relative to health services as provided for under SEC. 17 of the Local
Government Code;

(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
sangguniang pantungsod is empowered to provide for under the Local
Government Code;

(4)In addition to the foregoing duties and functions, the city health officer shall

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

(i) Advise the city mayor and the sangguniang panlungsod on matters
pertaining to health;

(ii)Execute and onforve 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 as he may deem necessary for the
preservation of public health;

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

(viyDirect the sanitary inspection of all business establishments selling
food items or providing accommodation such as hotels, motels, lodging
houses, pension houses and the like, in accordance with the Sanitation
Code;

(viiyConduct health information campaigns and render health intelligence
services;

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

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

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

SEC. 35. The City Civil Registrar.

(a)The city civil registrar must be a citizen of the Philippines, a resident of the City of
Carrascal, 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
have acquired experience in civil registry work for at least five years immediately
preceding the date of his appointment.

(bYThe 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 Carrascal, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws,
rules and regulations issued to implement them.

(a)The city civil registrar
shall:

hall take charge of the office of the city civil registry, and

(1)Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with the management
and administration-related programs and projects which the city mayor is


empowered to implement and which the sangguniang panlungsod is empowered
to provide for under the Local Government Code;

(2)in addition to the foregoing duties and functions, the city civil registrar shall:

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

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

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

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

(e)Issue certified transcripts or copies of any certificate or registered
documents upon payment of the required fees to the treasurer,

(OReceive 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 treasurer; and

(g)Coordinate with the National Statistics Office in conducting,
educational campaigns for vital registration and assist in the preparation of
demographic and other statistics for the City of Carrascal.

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

SEC. 36, The City Administrator.

(a)The city administrator must be a citizen of the Philippines, a resident of the City of
Carrascal, of good moral character, a holder of a college degree preferably in public
administration, law ot any other related course from a recognized college or university,
and a first grade civil service eligible or its equivalent. He must have acquired experience
in management and administrative work for at least five years immediately preceding the
date of his appointment,

(b)The term of the city administrator is coterminous with that of his appointing authority.

(0) he city administrator shall receive such compensation, emoluments and allowances
as may be determined by law.


(d)The city administrator shall take charge of the city administrator's office, and shall:

(1)Develop plans and strategies and upon approval thereof by the city mayor,
implement the same particularly those which have to do with the management and
administration-related programs and projects which the city mayor is empowered
to implement and which the sangguniang panlungsod is empowered to provide for
under the Local Government Code;

(2)In addition to the foregoing duties and functions, the city administrator shall;
(i) 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
ose, he may convene the chiefs of offices and other officials of the

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

Gii)Conduct a continuing organizational development of the City with the
end in view of instituting effective administrative reforms;

(3)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;

(4)Recommend to the sangguniang panhingsod and advise the city mayor on all
matters relative to the management and administration of the City

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

SEC. 37. The City Legal Officer,

(a)The city legal officer must be a citizen of the Philippines, a resident of the City of
Carrascal, of good moral character, and a member of the Philippine Bar. He must have
practiced his profession for at least five years immediately preceding the date of his
appointment. The term of the city legal officer shall be coterminous with that of the
appointing authority.

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

(c)The city tegal officer, the chief legal counsel of the City, shall take charge of the office
of the city legal service, and shall:


(1)Formulate measures for the consideration of the sangguniang panlungsod and
provide legal assistance and support to the city mayor in carrying out the delivery
of basic services and the provision of adequate facilities;

(2)Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with the programs and
projects related to legal services which the city mayor is empowered to implement
and which the sangguniang panlungsod is empowered to provide:

(3)In addition to the foregoing duties and functions, the city legal officer shall

(i)Represent the City in all civil actions and special proceedings wherein
the City or any of its official, in his official capacity, is a party: Provided,
‘That in actions or proceedings where the city 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;

(ii) When required by the city mayor or sangguniang pankingsod, draft
ordinances, contracts, bonds, leases and other instruments, involving any
interest of the City and provide comments and recommendations on any
instrument already drawn;

(iiiRender his opinion in writing on any question of law when requested
to do so by the city mayor or sangguniang panlungsod;

(ivJInvestigate or cause to be investigated any city 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;

(v)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,

(vi) When directed by the city mayor of sangguniang panlungsod, initiate
and prosecute in the interest of the City of Carrascal, any civil action on
any bond, lease or other contract upon any breach or violation thereof; and

(vii)Review and submit recommendations on ordinances approved and
executive orders issued by component barangays;

(4)Recommend measures to the sangguniang panlungsod and advise the city
mayor on all matters related to upholding the rule of law;


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

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

SEC. 38. The City Social Welfare and Development Officer.

(a)The city social welfare and development officer must be a citizen of the Philippines, a
resident of the City of Carrascal, 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 first grade civil service eligible or its equivalent.
He must have acquired experience in the practice of social work for at least five years
immediately preceding the date of his appointment.

(byThe city social welfare and development officer shall receive such compensation,
emoluments and allowances as may be determined by law.

(o)The city social welfare and development officer shall take charge of the office of the
social welfare and development, and shall:

(1)Formulate measures for the approval of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out

measures to ensure delivery of basic services and the provision of adequate
facilities relative to social welfare and development servis

(2)Develop plans and strategies and upon approval thereof by the city mayor,
implement the same particularly those which have to do with social welfare
programs and projects which the city mayor is empowered to implement and
which the sangguniang panlungsod is empowered to provide;

(3)In addition to the foregoing duties and functions, the city social welfare and
development officer shall:

(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;

(ii) Assist the city mayor in implementing the barangay level program for
the total development and protection of children up to six years of age;



(iv)Facilitate the implementation of welfare programs for the differently-
abled, elderly, and victims of drug addiction, the rehabilitation of
prisoners and parolees, the prevention of juvenile delinquency and such
other activities which would climinate or minimize the ill-effects of
poverty;

(v)Initiate and support youth welfare programs that will enhance the role
of the youth in nation-building; and

(vi)Coordinate with government agencies and nongovernmental
organizations which have for their purpose the promotion and protection
of all needy, disadvantaged, underprivileged or impoverished groups or
individuals, particularly those identified to be vulnerable and high-risk to
exploitation, abuse and neglect;

(4)Be in the frontline of the delivery of services particularly those which have to
do with immediate relief and assistance during and in the aftermath of man-made
and natural disasters and calamities;

(5)Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters related to social welfare and development services which will
improve the livelihood and living conditions of the inhabitants; and

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

SEC. 39. The City Veterinarian,

(a)The city veterinarian must be a citizen of the Philippines, a resident of the City of
Carrascal, of good moral character and a licensed doctor of veterinary medicine. He must
have practiced his profession for at least three 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 office of veterinary services, and shall:

(1)Formulate measures for the consideration of the sangguniang pantungsod and
provide techni istance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and the provision of adequate
facilities;

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



(3)In addition to the foregoing duties and functions, the city veterinarian shall:

(a)Advise the city mayor on all matters pertaining to the slaughter of
animals for human consumption and the regulation of slaughter houses:

(b)Regulate the keeping of domestic animals;

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

(Enforce all laws and regulations for the prevention of cruelty to
and

(e)Take the neccesary measures to eradicate, prevent or cure all forms of
animal diseases;

(4)Be in the frontline of the veterinary-related activities, such as the outbreak of
highly-contagious and deadly diseases, and in situations resulting in the depletion
of animals for work and human consumption, particularly those arising from and
in the aftermath of man-made and natural disasters and calamities;

(5)Recommend to the sangguniang pantungsod 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

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

SEC. 40. The City General Services Officer.

(a)The city general services officer must be a citizen of the Philippines, a resident of the
City of Carrascal, of good moral character, a holder of a college degree in public
administration, business administration and management from a recognized college or
university, and a first grade 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 three 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.

1 services, and

(©The city general services officer shall take charge of the office on gener
shall.

(1)Formulate measures for the consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out


measures to ensure the delivery of basic services and the provision of adequate
facilities which require general services expertise 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)In addition to the foregoing duties and functions, the city general services
officer shall:

(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;

(ii) With the approval of the city mayor, assign building or landspace to
city officials and other public officials who by law, are entitled to such
space;

(ii)Recommend to the city mayor the reasonable rental rates for city
properties, whether real or personal, which will be leased to public or
private entities by the city government;

(ivRecommens to the city mayor reasonable rental rates of private
properties which may be leased for the official use of the city government;

()Maintain and supervise janitorial, security, government public
buildings and other real property, whether owned or leased by the city
government;

(vi)Collate and disseminate information regarding prices, shipping and
other costs of supplies and other items commonly used by the cit
government;

(viiyPerform archival and record management with respect to records of
offices and departments of the city government; and

(viii)Perform all other functions pertaining to supply and property
management and enforce policies on records creation, maintenance and
disposal:

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


(5)Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters relative to general services; and

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

SEC. 41. The City Environment and Natural Resources Officer.

(a)The city environment and natural resources officer must be a citizen of the Philippines,
a resident of the City of Carrascal, of good moral character, a holder of a college degree
preferably in environment, forestry, agriculture or any other related course from a
recognized college or university, and a first grade civil service cligible or its equivalent,
He must have acquired experience in the environment and natural resources management,
conservation and utilization work for at least five years immediately preceding the date of
his appointment.

(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
environment service department, and shall:

()Formulate measures for the consideration of the sangguniang panlungsod and
provide assistance and support to the city mayor in carrying out measures to
ensure the delivery of basic services and the provision of adequate facilities
relative to environment and natural resources services as provided for under SEC.
17 of the Local Government Code;

(2)Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with the environment
and natural resources programs and projects which the city mayor is empowered
to implement and which the sangguniang panlungsod is empowered to provide;

(3)In addition to the foregoing duties and functions, the city environment and
natural resources officer shall;

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

(ii)Provide extention services to the beneficiaries of forest development
projects and technical, financial and infrastructure assistance;

)Manage and maintain seedbanks and produce seedlings for forests and
tree parks;



(iv)Render assistance for natural resources-related conservation and
utilization activities consistent with ecological balance;

(v)Promote the small-soale mining and utilization of mineral resources
particularly mining of gold; and

(vi)Coordinate with government agencies and nonAgovernmental
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;

(4)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;

(5)Recommend measures to the sangguniang panlungsod and advise the city
mayor on all mattors relative to the protection, conservation, maximum
utilization, application of appropriate technology and other matters related to the
environment and natural resources; and

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

SEC. 42, The City Architect,

(a)The city architect must be a citizen of the Philippines, a resident of the City of
Carrascal, of good moral character, and a duly licensed architect. He must have practiced
his profession for at least five years immediately preceding the date of his appointment.

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

(o)The city architect shall take charge of the office on the architectural planning and
design, and shall

(1)Formulate measures for the consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and the provision of adequate
facilities relative to architectural planning and design;

(2)Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with architectural
planning and design programs and projects which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide for
under the Local Government Cod

(3)in addition to the foregoing duties and functions, the city architect shall:


(Prepare and recommend for consideration of the sangguniang
panlungsod the architectural plans and designs for the City or a part
thereof, including the renewal of slums and blighted areas, land
reclamation activities, the greening of land, and appropriate planning of
marine and foreshore areas;

(ii)Review and recommend for appropriate action of the sangguniang
panlungsod or city mayor the architectural plans and design submitted by
‘government and nongovernment entities or individuals, particularly those
undeveloped, underdeveloped and poorly-designed areas; and

(iii)Coordinate with government and nongovernment entities and
individuals involved in the aesthetics and the maximum utilization of land
and water within the jurisdiction of the City, compatible with
environmental integrity and ecological balance;

(4)Be in the frontline of the delivery of services involving architectural planning
and design, particularly those related to the redesigning of spatial distribution of
basic facilities and physical structures during and in the aftermath of mana¢"
made and natural disasters and calamities:

(5)Recommend to the sangguniang panfungsod and advise the city mayor on all
matters relative to the architectural planning and design as it relates to the total
socioeconomic development of the City; and

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

Ss]

43. The City Information Officer.

(a) he city information officer must be a cilizen of the Philippines, a resident of the City
of Carrascal, of good moral character, a holder of a college degree preferably in
journalism, mass communication or any related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have
experience in writing articles and research papers, or writing for print, television,
broadcast or other forms of mass broadcast media for at least five years immediately
preceding the date of his appointment.

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

(c)The city information officer shall take charge of the city information and community
relations department, and shall:

(1)Formulate measures for the consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in providing the
information and research data required for the delivery of basic services and the


provision of adequate facilities so that the public becomes aware of said services
and may fully avail of the same;

(2)Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with public information
and research data to support programs and projects which the city mayor is
‘empowered to implement and which the sangguniang panlungsod is empowered
to provide;

(3)In addition to the foregoing duties and functions, the city information officer
shall:

(i)Provide relevant, adequate and timely information to the City and its
residents;

(ji)Furnish information and data on the City to government agencies or
offices as may be required by law or ordinance andl nongovernmental
organizations to be furnished to said agencies and organizations; and

Gii)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
inhabitants and encourage support for programs of the local and national
governme!

(4)Be in the frontline in providing information during and in the aftermath of
man-made and natural disasters and 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;

(5)Recommend to the sangguniang pantungsod 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

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

SEC. 44, The City Cooperatives Officer.

(a)The city cooperatives officer must be a citizen of the Philippines, a resident of the City
of Carrascal, of good moral character, a holder of a college degree preferably in business
administration with special training on cooperatives or any related course from a
recognized college or university, and a first grade civil service eligible or its equivalent.
He must have experience in cooperatives organization and management for at least five
ars immediately preceding the date of his appointment.

(byPhe city cooperatives officer shall receive such compensation, emoluments and
allowances as may be determined by law.


(c)The city cooperatives officer shall take charge of the office for the development of
cooperatives, and shall:

()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 the provision of facilities
through the development of cooperatives and in providing access to such services
and facilities;

(2)Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with the integration of
cooperative principles and methods in programs which the city mayor is
‘empowered to implement and which the sangguniang panungsod is empowered
to provide;

(3)In addition to the foregoing duties and functions, the city cooperatives officer
shall:

(i) Assist in the organization of cooperatives;

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

(iii) 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 activities;

(4)Be in the frontline of cooperative organization, rehabilitation or viabilit
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;

(5)Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters relative (o cooperatives development and viability enhancement
which will improve the livelihood and the quality of life of the inhabitants; and

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

SEC. 45. The City Population Officer.

(a)The city population officer must be a citizen of the Philippines, a resident of the City
of Carrascal, of good moral character, a holder of a college degree preferably with
specialized training in population development from a recognized college or university,
and a first grade 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 years immediately preceding the date of his appointment.

(byThe city population officer shall receive such compensation, emoluments and
allowances as may be determined by law.

(c)he city population officer shall take charge of the office of the population
development, and shall:

(1)Formulate measures for the consideration of the sangguniang panlungsod and
provide technical assistance and support fo the city mayor in carrying out

1s to ensure the delivery of basic services and the provision of adequate
ies relative to the integration of population development principles and in
providing aocess 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)In addition to the foregoing duties and functions, the city population officer
shall:

(Assist the city mayor in the implementation of the constitutional
provisions relative to population development and the promotion of
responsible parenthood;

Gi)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; and

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

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

SEC. 46. The City Agriculturist.

(a)The city agriculturist must be a citizen of the Philippines, a resident of the City of
Carrascal, of good moral character, a holder of a college degree preferably in agriculture
or any other related course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have practiced his profession in agriculture or
acquired the experience in a related field for at least five 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.

(o)The city agriculturist shall take charge of the office for the agricultural services, and

shall:

(1)Formulate measures for the approval of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and the provision of adequate
facilities relative to agricultural services;

(2)Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with 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:

(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;

()Conduct or cause to be conducted location-specific agricultural
researches and assist in making available the appropriate technology

arising out of and disseminating information on basic research on crops,
prevention and control of plant diseases and pests, and other agricultural
matters which will maximize productivity;

(ii) Assist the city mayor in the establishment and the extension services
of demonstration farms or aquaculture and marine products;

(iv)Enforee rules and regulations relating to agriculture and aquaculture;
and

(v)Coordinate with government agencies and nongovernmental
organizations which promote agricultural productivity through appropriate
technology compatible with environmental integrity;

(4)Be in the frontline of the delivery of basic agricultural services, particularly

those needed for the survival of the inhabitants during and in the aflermath of
man-made and natural disasters and calamities;

(5)Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters related to agriculture and aquaculture which will improve the
livelihood and living conditions of the inhabitants; and


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

ARTICLE VIL
‘THE CITY FIRE STATION SERVICE, THE CITY JALIL SERVICE, THE CITY
SCHOOLS DIVISION AND THE CIT ECUTION SERVICE

SEC. 47. The City Fire Station Service.

(a)There shall be established in the City at least one fire station with adequate personnel,
fire fighting 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 of the
station,

(b)The city fire station shall be responsible for the provision of various emergency
services such as the rescue and evacuation of injured people at fire-related incidents and,
in general, all fire prevention and suppression measures to secure the safety of life and
property of the citizenry.

SEC. 48. The City Jail Service.

(a)There shall be established and maintained in the City a secured, clean, adequately
equipped and sanitary jail 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 who must be a holder of a
college degree in psychology, psychiatry, sociology, nursing, social work or criminology
who shall assist in the immediate rehabilitation of individuals or detention of prisoners.
Great care must be exercised so that human rights of these prisoners are respected and
protected, and their spiritual and physical well-being are properly and promptly attended
to, Likewise, the City shall ensure that proper separate detention centers for juveniles and
women are provided for.

SEC. 49. The City Schools Division.

‘here shall be established and maintained by the DepEd a city schools division of the
cal whose area of jurisdiction will cover all the school districts within the

ity.

(b)The city schools division shall be headed by a city schools division superintendent
who must possess the necessary qualifications required by the DepEd.



SEC. 50. The City Prosecution Service.

(a)here shall be established in the City a prosecution service to be headed by a city
prosccutor and such number of assistant prosecutors as may be necessary, who shail be
organizationally part of the Department of Justice (DOS), 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
DOL.

(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.

(c)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 city assistant prosecutors as provided hereinabove, designate
from among the assistant provincial prosecutors a sufficient number to perform and
discharge the functions of the city prosecution service as provided hereinabove.

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS,

SEC. 51. Municipal Ordinances Existing at the Time of the Approval of this Act. AML
municipal ordinances of the Municipality of Carrascal existing at the time of the approval of this
‘Act shall continue to be in force within the City of Carrascal until the sangguniang pankungsod
ordinance shall provide otherwise.

SEC. 52. Plebiscite. The City of Carrascal 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 Carrascal within thirty (30) days from the approval
of this Act. The expenses for such plebiscite shall be borne by the Municipality of Carraseal. The
Commission on Elections shall conduct and supervise such plebiscite.

SEC. 53. Officials of the City of Carrascal. The present elective officials of the
‘Municipality of Carrascal shall continue fo exercise their powers and functions until such time
that a new election is held and the duly-clected 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 the City of Carrascal,

SEC. $4, Succession Clause. The City of Carrascal shall succeed to all the assets,
properties, liabilities and obligations of the Municipality of Carrascal.

SEC. 55. Election of Provincial Governor and Sangguniang Panlalawigan Members of
the Province of Surigao del Sur ‘The qualified voters of the City of Carraseal shall be qualified to
vote and run for any elective position in the elections for provincial governor, provincial view



governor, sangguniang panlalawigan members and other elective offices for the Province of
Surigao del Sur.

SEC. 56. Jurisdiction of the Province of Surigao del Sur. The City of Carrascal shall,
unless otherwise provided by law, continue to be under the jurisdiction of the Province of
Surigao del Sur,

SEC. $7. Suspension of Increase in Rates of Local Taxes, No increase in the rates of local
taxes shall be imposed by the City within the period of five years from its acquisition of
corporate existence.

SEC. $8, Representative District. Until otherwise provided by law, the City of Carrascal
shall continue to be a part of the First Congressional District of the Province of Surigao del Sur.

SEC. 59. Limitation. Within three years from the approval of this Act, no new race track,
jai-alai fronton, gambling casino or cockpit shall be licensed or allowed to operate in the City,

SEC. 60, Reservation. Nothing herein contained shall preclude the determination by the
appropriate ageney or forum of boundary disputes or cases involving questions of territorial
jurisdiction between the City of Carrascal and any of the adjoining local government units even
after the effectivity of this Act.

SEC. 61. Applicability of Laws. ‘The provisions of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, and other laws pertaining to the Province of
Surigao del Sur and such laws as are applicable to cities shall govern the City of Carrascal
insofar as they are not inconsistent with the provisions of this Act.

SEC. 62. Separability Clause. If, for any reason or reasons, any part or provisions of this
Charter shall be held unconstitutional, invalid or inconsistent with the Local Government Code
of 1991, other parts or provisions hereof which are not affected thereby shall continue to be in
full force and effect. Moreover, in cases where this Charter is silent or uncle:
provisions of the Local Government Code shall govern, if so provided th

SEC. 63. Effectivity This Act shall take effect fifteen (15) days after its complete
publication in at least two newspapers of general and local circulation.

Approved,