Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress

First Regular Session

HOUSE BILL No. __194

Introduced by Hon. Estrellita B. Suansing

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Talavera into a component city of
the Province of Nueva Ecija to be known as the City of Talavera.

‘The Municipality of Talavera is a first class urban municipality in the Province
of Nueva Ecija with a population of 124, 829 as of the 2015 Philippine census. It ranks
as the third largest among the cities and municipalities in the Province of the Nueva
Ecija and is considered to be largest non-city Local Government Unit in the Province of
Nueva Ecija.

It is composed of fifty-three (53) barangays with a total land area of 14,255.54
hectares or about 2.49% of the land area of the Province of Nueva Ecija. It is located in
the heart of the Province of Nueva Ecija bordered by Cabanatuan City, the Science
City of Mufioz and the Municipalities of Aliaga, Llanera, General Mamerto Natividad
and Sto. Domingo. Talavera’s economy is highly focused on agriculture with palay,
onion and calamansi as main crops.

Aside from agriculture, the Municipality of Talavera has also demonstrated its
robust economic viability, efficient administration and capability to deliver adequate
public services to its constituents. The economic viability of the Municipality of
Talavera and its potential to become one of the fastest growing local government units
in the Province of Nueva Ecija is reflected in its outstanding economic
transformations. The sudden influx of big business establishments in the municipality
clearly attests to the continuing economic growth of the Municipality of Talavera. It
has given opportunities and opened the avenues for business establishments to
succeed and flourish. For the first quarter of 2019 alone, it has already generated an
estimated income of P56,770,574.82 million pesos.

‘The capability of the Municipality of Talavera to provide basic but essential
public services to its constituents is manifested in its unwavering commitment to


various programs that range from health care services to infrastructure development.
It is home for example to Talavera General Hospital and several Rural Health Units
equitably distributed among its 53 barangays, aside from its two (2) birthing stations
and animal bite center.

In addition, as of the first quarter of 2019, the local government of Talavera has
initiated at least a total of ninety (90) projects based on its post qualification
evaluation reports. The current projects range from infrastructure development to
health services.

‘An equally important fact is the municipality's efficient administration. It has
been awarded the Seal of Good Housekeeping for three (3) consecutive years, the
commencement of which was in 2015. This award reflects the outstanding
commitment of its leaders to uphold the ideals enshrined in the Constitution of the
republic an effective partner of the State in sharing and carrying out the national
burden of achieving the national goals and interests.

The Municipality of Talavera is also a haven of scholarly pursuits. It governs
and manages for example the Nueva Ecija University of Science and Technology
(NEUST-MGT) located in Talavera, Nueva Ecija, aside from three private colleges in the
municipality such as those of REH Montessori College, Inc., La Fortuna College and
St. Elizabeth Global College. It has likewise sustained the existence of five (5) national
high schools and four (4) private high schools.

The conversion of the Municipality of Talavera into a component city of the
Province of Nueva Ecija will essentially enhance its potential and capability to attract,
not only agro-industrial interests but also better economic investments in the locality,
which will further propel economic growth and development.

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

RELLITA B. SUANSING


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

18% Congress of the Philippines
First Regular Session

House Bill No. 194

Introduced by Hon. Estrellita B. Suansing

AN ACT
CONVERTING THE MUNICIPALITY OF TALAVERA, PROVINCE OF
NUEVA ECIJA INTO A COMPONENT CITY TO BE KNOWN AS THE CITY
OF TALAVERA

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

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the “Charter of the City of
Talavera.”

Section 2. City of Talavera. - The Municipality of Talavera is hereby
converted into a component city to be known as the City of Talavera,
hereinafter referred to as the City, which shall comprise of the present
territory of the Municipality of Talavera in the Province of Nueva Ecija.

The territorial jurisdiction of the City shall be within the present
metes and bounds of the Municipality of Talavera containing an area of
14,255.54 hectares or about 2.49% of land area of the Province of Nueva
Ecija as per approved by the cadastral survey. The Municipality of Talavera
is located in center of the Province of Nueva Ecija bordered by Cabanatuan
City and the Science City of Munoz and the Municipalities of Llanera, Aliaga,
Gen. Mamerto Natividad and Sto. Domingo at geographical coordinates
between 15°35'02’N latitude and 120°55’08’E longitude.


The foregoing provision shall be without prejudice to the resolution of
appropriate agency or forum of existing boundary disputes or cases
involving questions of territorial jurisdiction between the Municipality of
Talavera 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
the said area until the fin al resolution of the case.

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

(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;

(c) To have and use a corporate seal;

(d) To acquire, hold and convey real or personal;

(e) To enter into any contracts or agreements; and

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

Section 4. General Powers of the City. - The City shall have a common seal
and may alter the same at pleasure. Provided, That any change of corporate
seal shall be registered with the Department of Interior and Local
Government (DILG). It shall exercise the power 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
interest 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 powers as are granted to
corporations or as hereinafter conferred.

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


Section 6. Jurisdiction of the City. - The jurisdiction of the City of Talavera
for police purposes only, shall be coextensive with its territorial jurisdiction
and, for purposes of protecting and ensuring the purity of 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 Talavera and the city or municipal courts
of the adjoining cities and municipalities shall have concurrent jurisdiction
to try crimes and misdemeanor committed within the said drainage area, or
within said spaces of One Hundred Meters (100 m.) of any reservoir,
conduit, canal, aqueduct or pumping station used in connection with the
city water service delivery.

‘The court first taking cognizance of such an offense shall have
jurisdiction to try cases to the exclusion of others. The police forces of the
municipalities and cities concerned shall have concurrent jurisdiction with
the police forces of the City for the maintenance of good order and
enforcement of ordinances throughout the said zone, area or space. Any
license that may be issued within the said zone, area or space 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 the City.

CHAPTER II
CITY OFFICIALS IN GENERAL

Section 7. The Officials of the City of Talavera. - (a) There shall be in the City:
A City Mayor, City Vice Mayor, Sangguniang Panglungsod Members,
Secretary to the Sangguniang Panlungsod, a City Treasurer and an Assistant
City Treasurer, a City Assessor, a City Accountant, a City Budget Officer, a
City Planning and Development Coordinator, a City Engineer, a City Health
Officer, a City Civil Registrar, a City Administrator, a City Legal Officer, a
City Veterinarian, a City Social Welfare and Development Officer and a City
General Services Officer;

(b) In addition thereto, the City Mayor may appoint a City Architect, a
City Population Officer, a City Information Officer, a City Environment
and Natural Resources Officer, a City Agriculturist and a City
Cooperatives Officer;


(c) There shall established in the City a City Fire Station to be headed
by a City Fire Marshall, a City Jail to be headed by a City Jail Warden,
a City Schools Division to be headed by a City Schools Division
Superintendent and a City Prosecution Service to be headed by a City
Prosecutor; and

(d) The Sangguniang Panlungsod may:

(1) Maintain existing offices which are not included in
Subsections (a) and (b) hereof;

(2) Create such other offices as maybe necessary to carry-out
the purposes of the City; or

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

() Unless otherwise provided herein, the heads of departments and
offices shall be appointed by the City Mayor with the concurrence of
the majority of the Sangguniang Panlungsod, subject to civil service
laws, 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.

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

ARTICLE Il
THE CITY MAYOR AND VICE MAYOR

Section 8. The City Mayor. - (a) The City Mayor shall be the Chief Executive
of the City and shall be elected at large by qualified voters of the City. No
person shall be eligible for the position of City Mayor unless at the time of
election, that the person is a citizen of the Philippines, at least Twenty-one
(21) years of age, a resident of the City for at least one (1) year prior to the


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

The City Mayor as the Chief Executive of the City government, shall
exercise such powers and perform such duties and functions as provided
herein

(b) For efficient, effective and economical governance, the purpose pf
which is the general welfare of the City and its inhabitants, the City Mayor
shall:

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

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

(ii) Direct the formulation of City Development Plan, with the
assistance of the city development council and upon approval
thereof by the Sangguniang Panlungsod, implement the same;

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

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

(v) Appoint all officials and employees whose salaries and wages
are wholly or mainly paid out of City funds and whose


appointments are not otherwise provided for in the Act, and
those whose appointment may be under other laws;

(vi) Represent the City in all its business transactions and sign
on its behalf bonds, contracts, obligations and such other
documents with authority from the Sangguniang Panlungsod or
pursuant to law or ordinance;

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

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

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

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

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

(xii) Furnish copies of Executive Orders issued by him to the
Office of the Governor of the Province of Nueva Ecija within
seventy-two (72) hours upon issuance;

(xiii) Visit component barangays of the City at least once every
six (6) months to deepen understanding of the problems and
conditions, listen and give appropriate counsel to local officials
and inhabitants, inform the component barangay officials and


inhabitants of general laws and ordinances which especially
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;

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

(xv) Authorize official trips of officials and employees outside of
the City for a period not exceeding thirty (30) days. Provided,
That trips abroad for a longer period may be authorized in
accordance with the Local Government Code of 1991, as
amended.

(xvi) Call upon any national official or employee stationed in or
assigned to the City to advise him on matters affecting the City
and to make recommendations thereon; coordinate with the
said officials and employees in the formulation and
implementation of plans, programs and projects; and when
appropriate, initiate administrative or judicial action against
national government official or employee who may have
committed and offense in the performance of his official duties
while stationed in or assigned to the City;

(xvii) Authorize the payment of medical care, necessary
transportation, subsistence, medical or hospital 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;

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

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

(<9) Submit to the provincial governor the following reports: an
Annual Report containing a summary of all matters pertinent to
the management, administration and development of the City
and all information and data relative to its political, social and


economic conditions; supplemental reports when unexpected
events or situations arise at any time during the year,
particularly when man-made or natural disasters or calamities
affect the general welfare of the City.

(2) Enforce all laws and ordinances relative to the governance of the
City and in the exercise of its appropriate powers as well as implement
all approved policies, programs, projects, services and activities of the
City and in addition shall:

() Ensure that acts of the City’s component barangays and its
officials and employees are within the scope of their prescribed
powers, duties and functions;

(ii) Call conventions, conferences, seminars or meetings of
elective or appointive officials of the City, at such time and place
and on such subject he may deem important for the promotion
of general welfare of the local government unit and its
inhabitants;

(iii) Issue such Executive Orders for the faithful and appropriate
enforcement and execution of laws and ordinances;

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

(v) Act as the deputized representative of the National Police
Commission, formulate the peace and order plan of the City;
upon its approval, implement the same; and as such exercise
general and operational control over police forces in the City in
accordance with Republic Act No. 6975, otherwise known as the
“Department of Interior and Local Government Act of 1990”; and

(vi) 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;

(3) Initiate the maximize the generation of resources and revenues, the
implementation development plans, program objectives and priorities,
particularly the resources and revenues programed for agro-industrial


development and countryside growth and progress, and relative
thereto, shall:

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

(ii) Prepare and submit to the 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, as amended;

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

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

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

(vi) Require owners of illegally constructed houses, buildings or
structures to obtain the necessary permit, subject to such fines
and penalties as ay be imposed by law or ordinance, or to make
the necessary changes in the construction of the same when the
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;

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

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


(x) Institute or cause to be instituted administrative or judicial
proceedings for the violation of ordinances in the collection of
taxes, fees or charges, and for the recovery of funds and
property; and cause the City to be defended against all suits to
ensure that its interests, resources and rights shall be
adequately protected.

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

() Ensure that the construction 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 roads and
bridges of the City; and

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

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

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

Section 9. The City Vice Mayor.- (a) There shall be a City Vice Mayor who
shall be elected in the same manner as the City Mayor and at the time of his
election shall possess the same qualifications as the City Mayor. The City
Vice Mayor shall hold office for a term of three (3) years, unless sooner
removed, and shall receive a monthly compensation corresponding to Salary
Grade Twenty-six (26) as prescribed under Republic Act No. 6758, otherwise
known as the “Compensation and Position Classification Act of 1989”, as
amended, and the implementing guidelines issued pursuant thereto.

(b) The City Vice Mayor shall:

(1) Act as the presiding officer of the Sangguniang Panlungsod
and sign all warrants drawn on the City Treasury for all
expenditures appropriated for the operations 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
under the Local Government Code of 1991, as amended;

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

(4) Exercise the powers and perform the duties and functions of
the City Mayor in case of temporary vacancy; and

(5) Perform other duties and functions and exercise such other
powers as provided for under Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, as amended.

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Section 10. Composition. - The Sangguniang Panlungsod, the legislative
body of the City, shall be composed of the City Vice Mayor as presiding
officer, the ten (10) Sanggunian members, the President of the City Chapter
of the Liga ng mga Barangay, the President of the Panlungsod na
Pederasyon ng mga Sangguniang Kabataan and the three (3) sectoral
representatives, who shall come from the following sectors, as members; one
(1) from the women sector; and, as shall be detrmined by the Sangguniang
Panlungsod within ninety (90) days prior to the holding of local elections;
one (1) from the agricultural or industrial workers sector; and one (1) from
the other sectors, including urban poor, indigenous cultural communities or
persons with disabilities (PWDs).

(b) The regular members of the Sangguniang Panlungsod and the
Sectoral Representatives shall be elected in the manner as may be
provided for by law.

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


Section 11. Powers, Duties, Functions and Compensation. - The Sangguninag
Panlungsod, as a legislative body of the City, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the City
and its inhabitants pursuant to Section 16 of the Local Government Code of
1991, as amended, and in the proper exercise of the corporate powers of the
City as provided under Section 23 of the Local Government Code of 1991, as
amended and shall:

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

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

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

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

(iv) Adopt measures to protect the inhabitants of the City on the
harmful effects of man-made or natural disasters and
calamities, and to provide relief services and assistance for
victims during and in the aftermath of said disasters or
calamities and in their return to productive livelihood following
said events;

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


or publications, and such other activities inimical to the welfare
and morals of the inhabitants of the City;

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

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

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

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

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

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

(xii) Provide legal assistance to barangay officials, who, in the
performance of their official duties or on the occasion thereof,


have to initiate judicial proceedings or defend themselves
against legal actions; and

(xiii) Provide for a group insurance or additional insurance
coverage for all officials, including members of barangay tanod
brigades and other service units, with public or private
insurance companies, when the finances of the city government
allows said 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, and relative thereto, shall:

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

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

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

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

(v) Appropriate funds for the construction and maintenance or
rental of buildings for the use of the City; and upon the majority
vote of all the members of the Sangguniang Panlungsod,


authorize the City Mayor to lease to private parties such as
buildings held in a propriety capacity, subject to existing laws,
rules and regulations;

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

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

(viii) Reclassify land within the jurisdiction of the City subject to
pertinent provisions of the Local Government Code of 1991, as
amended;

(ix) 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 of the
Philippines;

(x) Subject to national law, process and approve subdivision
plans for residential, commercial or industrial purposes and
other development purposes, and to collect processing fees and
other charges, the proceeds of which shall accrue entirely to the
City; Provided, however, That where the approval of a national
agency or office is required, said approval shall not be withheld
for more than thirty (30) days from receipt of application.
Failure to act on the application within the period stated shall
be deemed as approved thereof;

(xi) Subject to the provision of Book II of the “Local Government
Code of 1991”, as amended, grant exclusive privilege of
constructing fish corrals or fish pens, or taking or catching of
bangus fry, prawn fry or kawag-kawag, or fry of any species or
fish within city waters;

(xii) With the concurrence of at least two thirds (2/3) of all the
members of the Sangguniang Panlungsod, grant tax exemptions,
incentives or relief to entities engaged in community growth-


inducing industries, subject the provisions of the “Local
Government Code of 1991”, as amended;

(xii) Grant loans or 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;

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

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

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

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

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

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

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

(v) Any law to the contrary notwithstanding, authorize and
license the establishment, operation and maintenance of
cockpits, and regulate cockfighting and commercial breeding of


gamecocks: Provided, That the existing rights should not be
prejudiced;

(vi) Subject to the guidelines prescribed by the Department of

Transportation (DOT:), regulate the operation of tricycles and
grant franchises for the operation thereof within the territorial
jurisdiction of the City; and

(vii) Upon approval by a majority vote of all the members of the

Sangguniang Panlungsod, grant franchise to any person,
partnership, corporation, or cooperatives to do business within
the City; establish, construct, operate and maintain ferries,
wharves, 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 the said purpose, shall:

(i) Declare, prevent or abate any nuisances;

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

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

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

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


(vi) Regulate the establishment and provide for the inspection
of steam boilers or any heating devise in buildings and the
storage of inflammable and highly combustible materials within
the City;

(vii) Regulate the establishment, operation and maintenance of

any entertainment or amusement facility, including the
theatrical performances, circuses, billiard pools, public dancing
schools, public dance halls, sauna baths, massage parlors and
other places for entertainment or amusement; regulate such
other events for activities for amusement or entertainment,
particularly those which tend to disturb the community or
annoy the inhabitants, or require the suspension or
suppression of the same; or prohibit certain forms of
amusement or entertainment in order to protect the social and
moral welfare of the community;

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

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

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

(i) Provide for the establishment, maintenance, protection and
conservation of communal forest and watersheds, tree parks,
greenbelts, mangroves and other similar forest development
projects;

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

(iii) Authorize the establishment, maintenance and operation by
the city government of ferries, wharves, and other structures


intended to accelerate productivity related to marine life in the
preservation thereof;

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

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

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

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

(viii) Regulate the drilling and excavation of the ground for the
laying of water, gas, sewer, and other pipes and the
construction, repair and maintenance of public drains, sewers,
cesspools, tunnels and similar structures; regulate the placing
of poles and the use of crosswalks, curbs and gutters; adopt
measures to ensure public safety against open canals,


manholes, live wires and other similar hazards to life and
property; and regulate the construction and use of water
closets, privies and other similar structures in buildings and
homes;

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

(x) Subject to the availability of fund and the existing laws, rules
and regulations, establish and provide for the operation of
vocational and technical schools and similar post-secondary
institutions and, with the approval of the Technical Education
and Skills Development Authority (TESDA) and subject to
existing laws on tuition fees, fix and collect reasonable tuition
fees and other school charges in educational institutions
supported by the city government;

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

(xii) Approve measures and adopt quarantine regulations to
prevent the introduction and spread of diseases;

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

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

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


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

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

(6) Perform other duties and functions and exercise such powers as
provided for under Republic Act No. 7160, as amended, and those
that are prescribed by law or ordinance.

ARTICLE V
PROCESS OF LEGISLATION

Section 12. 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) The Rules of Procedure shall provide the following:

(1) The organization of the Sanggunian and the election of its
officers as well as the creation of standing committees which
shall include, but shall not be limited to, the committees on
appropriations, revenues, engineering and public works,
education and health, women and family, human rights, youth
and sports development, environmental protection, peace and
order and traffic, and cooperatives; the general jurisdiction of
each committee; and the election of the chairperson and
members of each committee;

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

(3) The legislative process;


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

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

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

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

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

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

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

(b) The disclosure required under this Act shall be made in writing
and shall be submitted to the Secretary of the Sanggunian or the


secretary of the committee of membership. The disclosure shall, in all
cases, form part of the record of the proceedings and shall be made in
the following manner:

(1) The disclosure shall be made before the member participates
in 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 the
voting on the ordinance or resolution on second and third
readings; and

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

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

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

() All Sanggunian sessions shall be open to the public unless a
closed-door session is ordered by an affirmative vote of a majority of
the members present, there being a quorum, in the public interest or
for reasons of security, decency or morality. No two (2) sessions,
regular or special may be held in a single day.

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

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


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

Section 15. Quorum. - (a) A majority of all the members of the Sanggunian
who have been elected and qualified shall constitute a quorum to transact
official business. Should a question of quorum be raised during a session,
the presiding officer shall immediately proceed to call the roll of members
and thereafter 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 in the territorial
jurisdiction of the City of Talavera, to arrest the absent member and
present him at the session.

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

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

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

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


(b) The City Mayor shall have the power to veto any particular item or
items of an appropriations ordinance, an ordinance or resolution
adopting a local development plan, any public investment program or
an ordinance directing the payment of money or creating liability. In
such case, the vetoed item or items shall not affect the item or items
which are not objected to. The vetoed item or items shall not take
effect unless the Sangguniang Panlungsod overrides the 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 enacted.

(©) 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
without the approval of the City Mayor.

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

(b) Within thirty (30) days after receipt of copies of such ordinances
and resolutions, the Sangguniang Panlalawigan shall examine the
documents or transmit them to the provincial attorney or provincial
prosecutor for prompt examination. The provincial attorney or the
provincial prosecutor shall, within a period of ten (10) days from
receipt of the documents, inform the Sangguniang Panlalawigan in
writing of his comments and recommendations., which may be
considered by the Sangguniang Panlalawigan in making its decision.

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

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


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

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

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

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

Section 21. 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 Talavera, and in at least two (2) other
conspicuous places in the City of Talavera not later than five (5) days after
approval thereof.

(b) The Secretary of the Sanggunian Panlungsod shall cause the
posting of an ordinance or resolution in the bulletin board at the
entrance of the city hall and in at least two (2) conspicuous places in
the City not later than five (5) days after the approval thereof. The text
of the ordinance or resolution shall be disseminated and posted in
Filipino or English and the Secretary of the Sangguniang Panlungsod
shall record such fact in a book kept for the purpose, stating the dates
of approval and posting.


() The main feature 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

DISQUALIFICATON AND SUCCESSION
FOR ELECTIVE CITY OFFICIALS

Section 22. Disqualifications for Elective Public City Officials. - The following
persons are not qualified from running for any elective position in the City:

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

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

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

(d) Those with dual citizenship;

(c) Fugitives from justice in criminal or nonpolitical cases here and
abroad;

() Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the same
right after the effectivity of the Local Government Code of 199, as
amended; and

(g) The insane and feeble-minded.

Section 23. Permanent Vacancy in the Office of the City Mayor and City Vice
Mayor. - (a) If a permanent vacancy occurs in the office of the City mayor,
the City Vice Mayor concerned shall become the City Mayor. If a permanent
vacancy occurs in the office of the City Vice Mayor, the highest ranking
Sangguniang Panlungsod member or, in case of his or her permanent
incapacity, the second highest ranking Sangguniang Panlungsod member


becomes the City Mayor or the City Vice Mayor, as the case may be.
Subsequent vacancies in the said offices shall be filled automatically by the
other Sanggunian members according to their ranking as defined herein.

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

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

(4) The successor 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 to assume
office, fails to qualify, dies, is removed from office, voluntarily resigns
or is otherwise permanently incapacitated to discharge the functions
of his or her office.

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

Section 24. Permanent Vacancies in the Sanggunian Panlungsod. -
Permanent vacancies in the Sangguniang Panlungsod where automatic
succession as provided above does not apply shall be filled by appointments
in the following manner:

(a) The Provincial Governor shall make the aforesaid appointments;

(b) Only the nominee of the political party under which the
Sanggunian member concerned had been elected shall be appointed in
the manner herein provided. The appointee shall come from the same
political party as that of the Sanggunian member who caused the
vacancy and shall serve the unexpired term of the vacant office.

In the appointment herein mentioned, a nomination and a
certificate of membership of the appointee from the highest official of
the political party concerned are conditions sine qua non, and in any
appointment without such nomination and certification shall be null


and void ab initio and shall be a ground for administrative action
against the official responsible therefor;

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

(d) 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 Sangguniang
Kabataan or barangay concerned.

Section 25. Temporary Vacancy in the Office of the City Mayor. - (a) When
the City Mayor is temporarily incapacitated to perform his duties for
physical or legal reasons, including leave of absence, travel abroad and
suspension from office, the City Vice Mayor of 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 only be exercised if the
period of temporary incapacity exceeds thirty (30) working days.

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

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

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

ARTICLE VII
‘THE APPOINTIVE OFFICIALS OF THE CITY

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

(b) No person shall be appointed secretary to the Sangguniang
Panlungsod unless one is a citizen of the Philippines, a resident of the
City of Talavera, 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 secretary to the Sangguniang Panlungsod shall receive
compensation, emoluments and allowances as may be determined by
law.

(d) The secretary to the Sangguniang Panlungsod shall take charge of
the office of the Sangguniang Panlungsod, and shall:

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

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

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

(4) Forward to the Department of Budget and Management
(DBM) copies of the appropriations ordinance passed by the


Sangguniang Panlungsod as provided under Section 326, Book
II of the Local Government Code of 1991, as amended;

(5) Forward to the Sangguniang Panlalawigan copies of duly
approved ordinances in the manner provided in Sections 56 and
57 of the Local Government Code of 1991, as amended;

(6) Furnish, upon requests of any interested party, certified
copies of records of public character in one’s custody, upon
payment to the City Treasurer of such fees as may be prescribed
by ordinance;

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

(8) Keep in the office all nonconfidential records therein open to
the public during usual business hours;

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

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

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

Section 27. The City Treasurer. - (a) The City Treasurer shall be appointed by
the Secretary of the Department of Finance (DOF) from a list of at least three
(3) ranking eligible recommendees of the City Mayor, subject to the civil
service law, rules and regulations.

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

(c) No person shall be appointed Treasurer unless he is a citizen of the
Philippines, a resident of the City of Talavera, of good moral character,


a holder of a college degree in commerce, public administration or law
obtained from a recognized college or university and a first grade civil
service eligible or its equivalent and must have acquired experience in
treasury or accounting service for at least five (5) years.

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

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

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

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

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

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

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

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

Section 28. The City Assessor. (a) The City Assessor must be a citizen of the
Philippines, a resident of the City of Talavera, 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 eligible or its equivalent and must have
acquired experience in real property assessment work or in any related field
for at least five (5) years immediately preceding the date of appointment.


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

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

(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 evaluation 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 systems;

(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 of rolls;

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

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

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


(10) Submit every semester a report of all assessments, as well
as cancellations and modifications of assessments to the City
Mayor and the Sangguniang 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”, as
amended, and those that are prescribed by law or ordinance.

Section 29. The City Accountant.- (a) The City Accountant must be a citizen
of the Philippines, a resident of the City of Talavera, of good moral character,
a Certified Public Accountant and must have acquired experience in the
treasury or accounting service for at least five (5) years immediately
preceding the date of appointment.

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

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

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

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

(3) Apprise the Sangguniang Panlungsod and other officials on
the financial condition and operations of the City;

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

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

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

(7) Prepare statements of journal vouchers and _ their
liquidations 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 alll 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 the Local Government Code
of 1991, as amended, and those that are prescribed by law or
ordinance.

Section 30. The City Budget Officer.- (a) The City Budget Officer must be a
citizen of the Philippines, a resident of the City of Talavera, of good moral
character, a holder of a college degree preferably in accounting, economics,
public administration, or any related course obtained from a recognized
college or university, a first grade civil service eligible or its equivalent and
must have acquired experience in government budgeting or in any related
field for at least five (5) years immediately preceding the date of
appointment.

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

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

(1) Prepare forms, orders and circulars embodying instructions
on budgetary and appropriation matters for 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 Department of
Budget and Management (DBM);

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

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

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

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

Section 31. The City Planning and Development Officer.- (a) The City
Planning and Development Officer must be a citizen of the Philippines, a
resident of the City of Talavera, of good moral character, a holder of a college
degree preferably in urban planning, development studies, economics,
public administration, or any related course obtained from a recognized
college or university, a first grade civil service eligible and must have
acquired experience in development planning or in any related field for at
least five (5) years immediately preceding the date of appointment.

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

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


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

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

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

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

Section 32. The City Engineer.- (a) The City Engineer must be a citizen of
the Philippines, a resident of the City of Talavera, of good moral character, a
licensed civil engineer and must have acquired experience in the practice of
the profession for at least five (5) years immediately preceding the date of
appointment.

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


() The City Engineer shall take charge of the City Engineering Office,
and shall:

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

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

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

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

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

Section 33. The City Health Officer.- (a) The City Health Officer must be a
citizen of the Philippines, a resident of the City of Talavera, of good moral
character, a licensed medical practitioner must have acquired experience in
the practice of the profession for at least five (5) years immediately preceding
the date of 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 Health
Services, and shall:

(1) Supervise the personnel and staff of the said office, formulate
program implementation guidelines and rules and regulations
for the operation of the said office for the approval of the City
Mayor in order to assist him in the efficient, effective and
economical 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 provision of adequate facilities
relative to health services provided under Section 17 of the
“Local Government Code of 1991”, as amended;

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

(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;

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

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

(iv) Recommend to the Sangguniang Panlungsod through
the Local Health Board, the passage of ordinance as may
be deemed necessary for the preservation of public health;

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

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

(vii) Conduct 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;

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

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

Section 34. The City Civil Registrar.- (a) The City Civil Registrar must be a
citizen of the Philippines, a resident of the City of Talavera, of good moral
character, a holder of a college degree obtained from a recognized college or
university, a first grade civil service eligible or its equivalent and must have
acquired experience in civil registry work for at least five (5) years
immediately preceding the date of appointment.

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

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

(c) The City Civil Registrar shall take charge of the office of the City
Civil Registry, and shall:

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

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

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


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

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

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

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

(vi) Receive 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 authorized fee to the City
Treasurer; and

(vii) 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 Talavera.

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

Section 35. The City Administrator.- (a) The City Administrator must be a
citizen of the Philippines, a resident of the City of Talavera, of good moral
character, a holder of a college degree preferably in public administration,
law or other related course obtained from a recognized college or university,
a first grade civil service eligible or its equivalent and must have acquired
experience in management and administrative work for at least five (5) years
immediately preceding the date of appointment.

(b) The term of the City Administrator is co-terminus with that of the
appointing authority.


(c) The City Administrator shall receive compensation, emoluments
and allowances as may be determined by law;

(4) The City Administrator shall take charge of the City
Administrator’s Office, and shall:

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

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

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

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

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

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

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

Section 36. The City Legal Officer.- (a) The City Legal Officer must be a
citizen of the Philippines, a resident of the City of Talavera, of good moral


character, a member of the Philippine Bar and must have practiced his
profession for at least five (5) years immediately preceding the date of
appointment.

(b) The term of the City Legal Officer shall be co-terminus with that of
the appointing authority;

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

(d) The City Legal Officer, the Chief Legal Counsel of the City, shall
take charge of the Office of the City Legal Service, and shall:

(1) Formulate measures for the consideration of the
Sangguniang Panlungsod and provide legal assistance and
support to the City Mayor in carrying out the delivery of basic
services and 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 with programs and projects related to legal services
which the City Mayor is empowered to implement and which the
Sangguniang Panlungsod is empowered to provide under the
“Local Government Code of 1991”, as amended.

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

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

(5) Render his opinion in writing on any question of law when
requested to do so by the City Mayor or the Sangguniang;


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

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

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

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

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

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

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

Section 37. 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 Talavera, of good moral character, a duly licensed
social worker or a holder of a college degree preferably in sociology or any
other related course obtained from a recognized college or university, a first
grade civil service eligible or its equivalent and must have acquired
experience in the practice of social work for at least five (5) years
immediately preceding the date of appointment.


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

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

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

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

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

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

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

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

(8) Coordinate with government agencies and nongovernment
organizations which have for their purpose the promotion and


the protection of all the needy, disadvantaged, underprivileged
or impoverished groups or individuals, particularly those
identified to be vulnerable and high risk to exploitation, abuse
and neglect;

(9) 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;

(10) Recommend to the Sannguniang Panlungsod and advise the
City Mayor on all matters related to social welfare and
development services which will improve the livelihood and
living conditions of the City’s inhabitants; and

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

Section 38. 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 Talavera, of good moral character, a
holder of a college degree preferably in environment, forestry, agriculture or
any related course obtained from a recognized college or university, and a
first grade civil service eligible or its equivalent and must have acquired
experience in the environment and natural resources management,
conservation and utilization work for at least five (5) years immediately
preceding the date of appointment.

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

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

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


under Section 17 of the “Local Government Code of 1991”, as
amended;

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

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

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

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

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

(7) Coordinate with government agencies and nongovernment
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;

(8) 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;

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


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

Section 39. The City Architect.- (a) The City Architect must be a citizen of
the Philippines, a resident of the City of Talavera, of good moral character, a
duly licensed architect and must have practiced the profession for at least
five (5) years immediately preceding the date of appointment.

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

(c) The City Architect shall take charge of the Office of 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 provisions of adequate
facilities relative to architectural planning and design;

(2) Develop plans and strategies and, upon approval thereof by
the City Mayor, implement these architectural planning and
design programs and projects which the City Mayor is
empowered to implement and which the Sangguniang
Panlungsod is empowered to provide under the “Local
Government Code of 1991”, as amended;

(3) Prepare and recommend for consideration of the Sanggunian
the architectural plan and design for the local government unit
or a part thereof, including the renewal of slums and blighted
areas, land reclamation activities, the greening of land, and
appropriate planning or marine and foreshore areas;

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

(5) Coordinate with government and non-government entities
and individuals involved in the aesthetics and the maximum


utilization of the land and water within the jurisdiction of the
local government unit to implement plans and programs that
shall preserve environmental integrity and ecological balance;

(6) Be in the front line 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 the in the aftermath of man-made
and natural disasters and calamities;

(5) Recommend to the Sangguniang Panlungsod 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
of 1991”, as amended, and those that are prescribed by law or
ordinance.

Section 40. The City Information Officer.- (a) The City Information Officer
must be a citizen of the Philippines, a resident of the City of Talavera, of
good moral character, a holder of a college degree preferably in Journalism,
mass communication or any related course obtained from a recognized
college or university, a first grade civil service eligible or its equivalent and
must have acquired experience in writing articles and research papers, or
writing for print, television or broadcast media for at least three (3) years
immediately preceding the date of appointment.

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

(c) The City Information Officer shall take charge of the Office on
Public 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
provision of adequate facilities so that the public becomes aware
of the said services and may fully avail of the same;


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

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

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

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

(6) Be in the front line 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;

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

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

Section 41. The City Cooperatives Officer.- (a) The City Cooperatives Officer
must be a citizen of the Philippines, a resident of the City of Talavera, of
good moral character, a holder of a college degree preferably in Business
Administration with special training on cooperatives or any related course
obtained from a recognized college or university, a first grade civil service
eligible or its equivalent and must have acquired experience in cooperatives


organization and management for at least five (5) years immediately
preceding the date of appointment.

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

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

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

(3) Assist in the organization of cooperatives;

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

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

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

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


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

Section 42. The City Population Officer.- (a) The City Population Officer must
be a citizen of the Philippines, a resident of the City of Talavera, of good
moral character, a holder of a college degree preferably with specialized
training in population development obtained from a recognized college or
university, a first grade civil service eligible or its equivalent and must have
acquired experience in the implementation of programs on population
development or responsible parenthood for at least five (5) years immediately
preceding the date of appointment.

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

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

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

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

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

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


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

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

SECTION 43. The City Veterinarian. ~ (a) The City Veterinarian must be a
citizen of the Philippines, a resident of the City of Talavera, of good moral
character, a licensed Doctor of Veterinary Medicine and must have practiced
the profession at least three (3) years immediately preceding the date of
appointment.

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

(c) The city veterinarian shall take charge of the Office of Veterinary
Services, and shall:

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

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

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

(4) Regulate the keeping of domestic animals;

(5) Regulate and inspect poultry, milk and dairy products for
human consumption;

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

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


(4) Be in the frontline 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 in
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 matters relative to veterinary services which
will increase the number and improve the quality of livestock,
poultry and other domestic animal 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
of 1991”, as amended and those that are prescribed by law or
ordinance.

SECTION 44. The City General Services Officer. - (a) The City General
Services Officer must be a citizen of the Philippines, a resident of the City of
Talavera, of good moral character, a holder of a college degree in public
administration, business administration and management obtained from a
recognized college or university, a first grade civil service eligible or its
equivalent and must have acquired experience in general services, including
management of supply, solid waste disposal, and general sanitation for at
least five (5) years immediately preceding the date of appointment.

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

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

(1) Formulate measures for consideration of the Sangguniang
Panlungsod and provide technical assistance and support to the
City Mayor in carrying out measures to ensure the delivery of
basic services and provision of 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 these with the general services that
are supportive of the welfare of the inhabitants of the City which
the City Mayor is empowered to implement and which the
Sangguniang Panlungsod is empowered to provide;

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


of donation, reparation, assistance and counterpart of joint
projects;

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

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

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

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

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

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

(10) Be in the frontline of general services-related activities,
such as the possible and 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;

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

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

SECTION 45. The City Agriculturist. - (a) The City Agriculturist must be a
citizen of the Philippines, a resident of the City of Talavera, of good moral
character, a holder of a college degree preferably in agriculture or any other
related course obtained from a recognized college or university, a first grade
civil service eligible or its equivalent and must have practiced his profession


in agriculture or acquired experience in a related field for at least five (5)
years immediately preceding the date of appointment.

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

(c) The City Agriculturist shall take charge of the Office 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 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
agriculturist shall:

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

(ii) 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;

(iii) Assist the City Mayor in the establishment and
extension services of demonstration farms or aqua-culture
and marine products;

(iv) Enforce rules and regulations relating to agriculture
and aqua-culture; and

(v) Coordinate with government agencies and non-
governmental organizations in the promotion 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 aftermath of man-made and
natural disasters and calamities;

(5) Recommend to the Sangguniang Panlungsod and advise the
City Mayor on all 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
of 1991”, as amended, and those that are prescribed by law or
ordinance.

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

SECTION 46. The City Fire Station Service. - (a) There shall be established
in the City at least one (1) fire station with adequate personnel, firefighting
facilities and equipment, subject to the standards, rules and regulations
that may be promulgated by the Department of the Interior and Local
Government. The City shall provide the necessary land or site of the station.

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

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

Section 47. 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 transfer to the
national penitentiary, and/or violent mentally ill person who endangers
himself or the safety of others, duly certified as such by the proper medical
health officer, pending the transfer to a mental institution.


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

Section 48. The City School Division. - (a) There shall be established and
maintained by the Department of Education (DepED), a city schools division
of the City of Talavera whose area of jurisdiction will cover all the schools
districts within the City.

(b) The city school division shall be headed by a City Schools Division
Superintendent who must possess the necessary qualifications
required by the Department of Education.

Section 49. The City Prosecution Service. - (a) There shall be established in
the City, a city prosecution service to be headed by a City Prosecutor and
such number of assistant city prosecutor, as may be necessary, who shall
be organizationally part of the Department of Justice (DOJ), and under the
supervision and control of the Secretary of Justice and whose qualifications,
manner of appointment, rank, salary and benefits shall be governed by
existing laws covering prosecutors of DOJ.

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

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

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS


Section 50. Municipal Ordinance Existing at the Time of Approval of this
Act.- All municipal ordinances of the Municipality of Talavera existing at the
time of the approval of this Act shall continue to be in full force within the
City of Talavera until the Sangguniang Panlungsod ordinance shall provide
otherwise.

Section 51. Jurisdiction of the Province of Nueva Ecija.- The City of Talavera
shall, unless otherwise provided for by law, continue to be under the
jurisdiction of the Province of Nueva Ecija.

Section 52. Suspension of Increase in Rates of Local Taxes.- No increase in
the rates of local taxes shall be imposed by the City within a period of five (5)
years from its acquisition of corporate existence.

Section 53. Legislative District.- Until otherwise provided for by law, the City
of Talavera shall continue to be part of the First District of Nueva Ecija.

Section 54. Applicability of Laws.- The provisions of Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, as amended, and
such laws as are applicable to the component cities shall govern the City of
Talavera in so far as they are inconsistent with the provisions of this Act.

Section 55. Plebiscite.- The City of Talavera 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 Talavera within sixty (60) days from the approval of this Act.
The expenses for such plebiscite shall be borne by the Municipality of
Talavera. The Commission on Elections shall conduct and supervise the
plebiscite.

Section 56. Officials of the City of Talavera.- The present elective officials of
the Municipality of Talavera shall continue to exercise their powers and
functions until such time that a new election is held and the duly-elected
officials shall have already qualified and assumed their offices. The
appointive officials and employees of the Municipality of Talavera shall
likewise continue exercising their functions and duties and they shall be
automatically absorbed by the City Government of Talavera.

Section 57. Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Nueva Ecija.- The qualified members of the City
of Talavera shall qualify to vote and run for any elective position in the
elections for Provincial Governor, Provincial Vice Governor, Sangguniang


Panlalawigan members and other elective offices for the Province of Nueva
Ecija.

Section 58. Reservation.- Nothing herein contained shall preclude the
determination by the appropriate agency or forum of boundary disputes or
cases involving questions of territorial jurisdiction between the City of
Talavera and any of the adjoining local government units even after the
effectivity of this Act.

Section 59. Succession Clause.- The City of Talavera shall succeed to all the
assets, properties, liabilities, and obligations of the Municipality of Talavera.

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

Section 61. Repealing Clause.- All others laws, decrees, rules and
regulations or parts thereof contrary to or inconsistent with the provisions of

this Act are hereby repealed, amended or modified accordingly.

Section 62. Effectivity. - This Act shall take effect upon its publication in at
least two (2) newspapers of general and local circulation.

Approved,