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

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 6278

Se eee
Introduced by Hon. Cyrille “Beng” F. Abueg-Zaldivar, Hon. Franz "Chicoy" E. Alvarez

and Hon. Gil "Kabarangay Jr." A. Acosta

EXPLANATORY NOTE

Bataraza is a coastal municipality located at the southernmost tip of Palawan. In 1961,
the Municipality of Bataraza was created under Republic Act No. 3425. It was then composed
of only 17 barangays which were separated from the Municipality of Brooke’s Point. Today,
Bataraza consists of 22 barangays.

‘The municipality has a land area of 726.20 square kilometers which constitutes 4.96%
of Palawan's total area. It has a population of 75,468 inhabitants according to the 2015 Census.
According to the Bureau of Local Government Finance, the annual regular revenue of Bataraza
for the fiscal year of 2016 was P174,584,940.17.

Bataraza is a first-class municipality abundant with natural resources and the rich
cultural heritage of its people. Its conversion as a component city is a recognition of its
continued success, would benefit its locals, and is sanctioned by Sec. 450 of the Local
Government Code.

In view of policy of the State that its “territorial and political subdivisions shall enjoy
genuine and meaningful local autonomy” and that the State shall “provide for a more
responsive and accountable local government structure instituted through a system of
decentralization whereby local government units shall be given more powers, authority,
responsibilities, and resources,” the approval of this bill is earnestly recommended.

Kogsaainy
CYRILLE Ki: (G” F. ABUEG-ZALDIVAR
Representative, 2 District of Falhwan

FRANZ "CHICOY" E. ALVAREZ GIL "KABARANGAY JR." A. ACOSTA
Representative, Ist District of Palawan Representativg, 3" District of Palawan


©

10
a

12
13
14
15
16
7
18
19
20
2
22
23
24

25

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

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 6278

Introduced by Hon. Cyrille “Beng” F. Abueg-Zaldivar, Hon. Franz "Chicoy’

Alvarez

and Hon. Gil "Kabarangay Jr." A. Acosta

AN ACT
CONVERTING THE MUNICIPALITY OF BATARAZA IN THE PROVINCE OF
PALAWAN INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF BATARAZA
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I GENERAL PROVISIONS
Section 1. Short Title. ~ This Act shall be known as the "Charter of the City of Bataraza’.
Section 2. The City of Bataraza. — The Municipality of Bataraza shall be converted into a component
city to be known as the City of Bataraza, hereinafter referred to as the City, which shall comprise the
present territory of the Municipality of Bataraza, Province of Palawan.

‘The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality
of Bataraza.

The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum
of any boundary dispute or case involving questions of territorial jurisdiction between the City of
Bataraza and the adjoining local government units: Provided, That the territorial jurisdiction of the
disputed area or areas shall remain with the local government unit which has existing administrative
supervision over said area or areas until the final resolution of the case.

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

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

(b) To sue and be sued;

(©) To have and use a corporate seal;

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

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

1


as

Bowne

au

1s
16
7
18
19

20
2a
22
23

24
25
26
27
28
29

30

31
32
33

35
36

37
38
39

(8) To exercise such other powers, prerogatives or authority subject to the limitations provided
under Republic Act No. 7160, otherwise known as the "Local Government Code of 1991, as
amended”, this Act or laws.

Section 4. General Powers. - The City shall have a common seal and may alter the same at pleasure:

Provided, That any change of corporate seal shall be registered with the Department of the Interior and
Local Government (DILG).

It shall exercise the powers to levy taxes, fees and charges; to close and open roads, streets alleys, parks
or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for
the general interests of the City; to expropriate or condemn private property for public use; to contract
and to be contracted with; to sue and be sued; to prosecute and defend to final judgment and execution
suits wherein the City is involved or interested in; and to exercise all the powers as are granted to
corporations or as hereinafter conferred.

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

The city court of the City of Bataraza and the city or municipal courts of the adjoining cities and
municipalities shall have concurrent jurisdiction to try crimes and misdemeanors committed within said
drainage area or areas within said spaces of one hundred meters (100m.) of any reservoir, conduit, canal,
aqueduct or pumping station used in connection with the city water service delivery

‘The court first taking cognizance of such an offense shall have jurisdiction to try cases to the exclusion
of others. The police forces of the municipalities and cities concemed shall have concurrent jurisdiction
with the police forces of the City for the maintenance of good order and the enforcement of ordinances.
throughout said zone, area or space shall be granted by the proper authorities of the city or municipality
concemed, and the fees arising therefrom shall accrue to the treasury of the said city or municipality
concemed and not to the City.

ARTICLE Il CITY OFFICIALS IN GENERAL

Section 7. The Officials of the City of Bataraza. ~ (a) There shall be in the City of Bataraza: a City
Mayor, a City Vice Mayor, Sangguniang Panlungsod members, a secretary to the Sangguniang
Panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and
development officer, a city engineer, a city health officer, a city civil registrar, a city administrator, a
city legal officer, a city social welfare and development officer, a city veterinarian and a city general
services officer.

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


10
coe
12
13
14

15
16
7

19
20

21

22
23
24
25
26
27
28
29
30
31

32

33

35

36

37
38

(©) There shall be established in the City a city fire station to be headed by a city fire marshal,
a city jail to be headed by a city jail warden, a city schools division to be headed by a city
schools division superintendent and a city prosecution service to be headed by accity prosecutor.

(4) The Sangguniang Panlungsod may:
(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof,

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

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

(©) Unless otherwise provided herein, heads of departments and offices shall be appointed by
the City Mayor with the concurrence of the majority of all the Sangguniang Panlungsod
members, subject to civil service laws, rules and regulations. The Sangguniang Panlungsod
shall act on the appointment within fifteen (15) days from the date of its submission, otherwise
the same shall be deemed confirmed.

(f) Elective and appointive city officials shall receive compensation, allowances and other
emoluments as may be determined by law or ordinance, subject to the budgetary limitations on
personal services prescribed under Title Five, Book I 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 CITY 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 the qualified voters of the City. No person shall be eligible for the position of City
Mayor unless, at the time of the election, that person is a citizen of the Philippines, at least twenty-one
(21) years of age, a resident of the City for at least one (1) year immediately preceding the day of the
election and a qualified registered voter therein, and is able to read and write Filipino or any other local
language or dialect. The City Mayor shall hold office for three (3) years, unless sooner removed, but
shall serve for not more than three (3) consecutive terms in the same position. The City Mayor shall
receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed
under Republic Act No. 6758, as amended, otherwise known as the "Compensation and Position
Classification Act of 1989", and the implementing guidelines issued pursuant thereto,

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

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

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


w

wars

10

12
13
14

15
16
17
18
19

20
21
22

23
24

25
26

27
28
29

30
31
32
33
34

35
36
37
38
39

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

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

(ii) 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 ovement may require;

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

(v) Appoint all officials and employees whose salaries and wages are wholly
‘or mainly paid out of city funds and whose appointments are not otherwise
provided for under the Local Government Code of 1991, as amended, and in
this Act, and those whose appointment he or she may be authorized by laws to
appoint;

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

(vii) Carry out 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 or wages of
the officials and employees of the City, in accordance with law or ordinance;

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

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

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


N

wayvauaw

10

12

13
14
15
16

7
18
19
20
24
22
23

24
25
26
27

28
29

30
31
32

33
34
35
36
37

39

(xii) Fumish copies of executive orders issued to the provincial governor
within seventy-two (72) hours after their 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 concem 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 employces appointed by him or
her and on the communication of the monetary value of their leave credit
accordance with law;

(xv) Authorize official trips of city officials and employees outside of the City
for a period not exceeding thirty (30) days: Provided, That trips abroad for 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 for advice on matters affecting the City and to make recommendations
thereon; coordinate with the officials and employees in the formulation and the
implementation of plans, programs and projects; and, when appropriate,
initiate an administrative or judicial action against a national government
official or employee who may have committed an offense in the performance
of official duties while stationed in or assigned to the City;

(xvii) Authorize payment for medical care, necessary transportation,
subsistence, hospital or medical fees of city officials and employees who are
injured while in the performance of their official duties and functions, subject
to 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 international games, in coordination
with the Department of Education (DepEd); and

(x) Submit to the provincial governor the following reports: an annual report
containing a summary of all matters pertinent to the management,
administration and development of the City and all information and data
relative to its political, social and economic conditions; and supplemental
reports when unexpected events and situations arise at any time during the
year, particularly when man-made and natural disasters or calamities affect the
general welfare of the City;


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

aw

RSoas

2
13

14
15

16
7
18
19
20
21

22
23
24
25

26
27
28
29
30

31
32
33
34

35
36
37

38
39
40

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

(ii) Call conventions, conferences, seminars or meetings of elective and
appointive officials of the City, including national and provincial officials and
‘employees stationed in or assigned to the City, at such time and place and on
subjects as may be deemed important for the promotion of the general welfare
of the local government unit and its inhabitants;

(iii) Issue executive orders for the faithful and appropriate enforcement and
execution of laws and ordinances;

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

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

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

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

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

(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;

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


14
15

16
7

18
19
20
21
22

23
24

25
26
27
28

29
30

31
32
33

34

35
36
37
38

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

(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 of chance or shows contrary to law, public policy and public
morals;

(vi) Require owners of illegally constructed houses, buildings or other
structures to obtain the necessary permits, subjects to fines and penalties as
may be imposed by law or ordinance, or to make necessary changes in their
construction when violative of any law or ordinance, or to order the demolition
or removal of house, building or structure within the period prescribed by law
or ordinance;

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

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

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

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

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

(©) During the incumbency of the City Mayor, he or she 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 shall, at the time of the election, possess the same qualifications as
the City Mayor. The City Vice Mayor shall hold office for three (3) years, unless sooner removed, and
shall receive a monthly compensation corresponding to Salary Grade Twenty-six (26) as prescribed


ae

2

aw

con

10

12
13

14
15
16

17
18
19

20

2a
22
23
24
25
26
27
28

29
30

31
32
33

36
37
38
39

under the "Compensation and Position Classification Act of 1989", as amended, and the implementing
guidelines issued pursuant thereto.

(b) The City Vice Mayor shall:

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

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

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

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

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

ARTICLE IV THE SANGGUNIANG PANLUNGSOD

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

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

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

Section 11. Powers, Duties, Functions and Compensation. ~ The Sangguniang Panlungsod, as the
legislative body of the City, shall enact ordinances, approve resolutions and appropriate funds for the
general welfare of the City and its inhabitants pursuant to Section 16 of the Local Goverment Code of
1991, as amended, and in the proper exercise of the corporate powers of the City as provided for under
Section 22 of the Local Government Code of 1991, as amended, and shall:

8


ausw wn

ov

10
uw
2

13
14
15
16

7
18
19
20
2a
22
23

24
25
26
27
28
29

30
31
32

33

35
36

37
38
39
40

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

(® 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 ordinances;

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

(iv) Adopt measures to protect the inhabitants of the City from the harmful
effects of man-made or natural disasters and calamities, and to provide relief
services and assistance to 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, the establishment and maintenance of house of ill-repute, illegal
gambling and other prohibited games of chance, drug addiction, maintenance
of drug dens, drug pushing, juvenile delinquency, the printing, distribution or
exhibition of obscene or pornographic materials to the welfare and morals of
the inhabitants of the City;

(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-
bum farming and such other activities which result in pollution, acceleration
of siltation of rivers and lakes or of ecological imbalance;

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

(viii) Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or mainly
from the city finds and provide for expenditures necessary for the proper
conduct of programs, projects, services and activities of the city government;

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


auawne

won

10

12
13

4
15
16
7

18
19
20
21

22
23
24
25

26
Pad
28
29

31
32
33
34

35
36
37
38
39

40
41

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

(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 employees stationed in or
assigned to the City;

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

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

(2) Generate and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City, as provided for under the Local
Government Code of 1991, as amended, with particular attention to agro-industrial
development and citywide growth and progress and, relative thereto, shall:

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

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

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

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

10


we

.

un
12
13
14
15

16
17
2B
19
20
2
22
23

24
25
26
27

28
29
30
31

32

33

35

36

37

38
39

of the Sangguniang Panlungsod, authorize the City Mayor to lease to private
parties such public buildings held in a proprietary capacity, subject to existing
laws, rules and regulations;

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

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

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

(ix) Enact 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 with the provisions of the Fire Code of the
Philippines;

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

(xi) Subject to the provisions of Book Il 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 the city waters;

(xii) With the concurrence of at least two-thirds (2/3) vote of all members of
the Sangguniang Panlungsod, grant tax exemptions, incentives or reliefs to
entities engaged in community growth-inducing industries, subject to the
provisions of the Local Government Code of 19914, as amended;

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

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

(xv) Regulate the inspection, weighing and measuring of articles of commerce;

(3) Subject to the provisions of Book II of the Local Government Code of 1991, as
amended, enact ordinances granting franchises and authorizing the issuance of permits

1


10
u

12
13
1a

1s
16
7
18

19
20
2.

22
23
24
25
26
27

28
29

30

31
32
33
34
35
36

37
38

or licenses, upon the conditions and for purposes intended to promote the general
welfare of the inhabitants of the City and, pursuant to this legislative authority, shall:

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

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

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

(iv) Regulate the display of and fix the license fees for signs, signboards or
billboards at the place or places where the profession or business advertised
thereby is, 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
cocktighting and commercial breeding of gamecocks: Provided, That existing
rights should not be prejudiced;

(vi) Subject to the guidelines prescribed by the Department of Transportation
(DOTr), 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 a franchise to any person, partnership, corporation or
cooperative to do business within the City; establish, construct, operate and
maintain ferries, wharves, markets or slaughterhouses; or undertake other
activities within the City as may be allowed by existing laws: Provided, That
cooperatives shall be given preference in the grant of franchise;

(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 nuisance;

(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 the said requirement, have the
work done at the expense of the owner, administrator or tenant concerned; and
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;

12


10
a
12
13
14
15
16
17

18
19
20
21

22
23
24

25
26
27

28
29
30

31
32
33

35
36
37
38

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

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

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

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

(viii) 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 and penalize cruelty to animals;
and

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

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

(i) Provide for the establishment, maintenance, protection and conservation of
communal forests and watersheds, tree parks and 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/or other structures intended to accelerate
Productivity related to marine life and seashore or offshore activities in the
preservation thereof;

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

2B


ey aueene

10
cE
12

13
14
15
16
7
18
19
20
21
22

23
24
25
26
27
28
29

31
32
33

35

36
37
38
39
40
41

42
43

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

(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;

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

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

(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 the City’s
inhabitants;

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

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

14


wre

erase

10
coe

12
13
14
15

16
7
18
19
20

2
22
23

24

25
26
27

28

29
30
31
32
33

35

37
38

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

(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 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 nongovernmental
‘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; and

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

ARTICLE V PROCESS OF LEGISLATION
Section 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 for the following:
(1) The organization of the Sanggunian and the election of its officers as well as the
creation of standing committees which shall include the committees on appropriations,
revenues, engineering and public works, education and health, women and family,
human rights, youth and sports development, environmental protection, peace and
order and traffic, and cooperatives; the general jurisdiction of each committee; and the
election of the chairperson and members of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;

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

15


eVauawne

10
1
12
13
14
15

16
7

18
19

20
2a
22
23
24

25
26
27
28

29
30
31
32

33
35
36
37

38
39

(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 judgment to imprisonment of at least one (1) year for
any crime involving moral turpitude shall be automatically expelled from the
Sanggunian; and

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

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

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

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

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

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

(1) The disclosure shall be made before the member participates in deliberations on the
ordinance or resolution under consideration: Provided, That if the member did not
participate during the deliberations, the disclosure shall be made before voting on the
ordinance or resolution on second and third readings; and

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

Section 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.

16


auaew nv

on

10
1
12

13
14

15
16
7
18

19
20
21
22
23
24

25
26
27

28
29

31
32
33

35
36

37
38
39

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

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

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

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

Section 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 the members and
thereafter announce the result.

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

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

Section 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, his or her signature shall be
affixed on each and every page thereof, otherwise, the ordinance shall be vetoed and he or she shall
return the same with his or her statement on the 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 signed.

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
the reasons thereof in writing,

7


Nowsene

10

ce
R
123
14

15
16
7
18
19
20

2a
22
23
24

25
26
27

28
29
30
31

32
33

34
35
36
37
38

39
40

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

(©) 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 ofall its members, thereby making
the ordinance effective even without the approval of the City Mayor.

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

(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the
‘Sangguniang Panlalawigan shall examine the documents or transmit them to the provincial
attomey or the 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 or her comments or 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, it shall declare such ordinance ot
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.

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

Section 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 and city
ordinances.

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

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

Section 20. Enforcement of Disapproved Ordinances or Resolutions. ~ Any attempt to enforce any
ordinance or any resolution approving the local development plan and the public investment program

18


x

Nousw

10
i
12
13

14
15
16
7

18
19

20
a
22
23

24
25

26
27
28
29
30
31

32
33

35
36

after disapproval thereof shall be sufficient ground for the susp
employee concerned.

ion or dismissal of the official or

Section 21. Effectivity of Ordinances or Resolutions. ~ (a) Unless otherwise stated in the ordinance or
the resolution approving the local development plan and the public investment program, the same shall
take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance
of the city hall and in at least two (2) other conspicuous places in the City not later than five (5) days
after approval thereof.

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

(©) Ordinances with penal sanctions shall be posted at prominent places in city hall, for a
minimum period of three (3) consecutive weeks, Such ordinances shall also be published in a
newspaper of general circulation within the City,

ARTICLE VI DISQUALIFICATION AND SUCCESSION OF ELECTIVE CITY OFFICIALS

Section 22. Disqualification of Elective City Officials. ~The following, persons are disqualified from
running for any elective position in the City:

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

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

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

(d) Those with dual citizenship;
(©) 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 1991, as amended; and
(g) The insane or feeble-minded.
Section 23. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor (a) If a
permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor shall become the City
Mayor. If a permanent vacancy occurs in the office of the City Vice Mayor, the highest ranking

Sangguniang Panlungsod member or, in case of his or her permanent incapacity, the second highest
ranking Sangguniang Panlungsod member becomes the City Mayor or the City Vice Mayor, as the case

19


Ne

.

10
coe
12

13
14
15

16
7
18

19

20
24
22
23
24

25
26
27
28

29

31

32

33

35
36
37
38

‘may be. Subsequent vacancies in the said offices shall be filled automatically by the other Sanggunian
members according to their ranking as defined under the Local Government Code of 1991, as amended.

(b) Ifa 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,

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

(©) For purposes of this Act, a permanent vacancy arises when an elective local official fills in
a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office,

voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his
or her office.

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

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

(@) 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 and whose elevation to the position next higher in rank created the last vacancy in
the Sanggunian shall be appointed in the manner herein provided. The appointee shall come

from the same political party as that of the Sanggunian member who caused the vacancy and
shall serve the unexpired term of the vacant office.

In the appointment herein mentioned, a nomination and a certificate of membership of the
appointee from the highest official of the political party concemed are conditions sine qua non,
and any appointment without such nomination and certification shall be null and void ab initio
and shall be a ground for administrative action against the official responsible therefor;

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

(4) In case of vacancy in the representation of the youth and the barangay in the Sangguniang
Panlungsod, said vacancy shall be filled in automatically by the official next-in-rank of the
Sangguniang Kabataan or barangay coneemed.

Section 25. Temporary Vacancy in the Office of the City Mayor. ~ (a) When the City Mayor is
temporarily incapacitated to perform his or her duties for physical or legal reasons, such as, but not
limited to, leave of absence, travel abroad and suspension from office, the City Vice Mayor or the
highest ranking Sangguniang Panlungsod member shall automatically exercise the powers and perform

20


* 1 the duties and functions of the City Mayor, except the power to appoint, suspend or dismiss employees

2 which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.
3 (b) Said temporary incapacity shall terminate upon submission to the Sangguniang Panlungsod
4 of a written declaration by the City Mayor of having reported back to office. In case where the
5 temporary incapacity is due to a legal cause, the City Mayor shall also submit the necessary
6 documents showing that the said legal cause no longer exists.
7 (©) When the City Mayor is traveling within the country but outside the territorial jurisdiction
8 for a period not exceeding three (3) consecutive days, he or she may designate in writing the
9 officer-in-charge of the office. The authorization shall specify the powers and functions that the
10 local official concerned shall exercise in the absence of the City Mayor, except the power to
rey appoint, suspend or dismiss employees.
2 (d) In the event, however, that the City Mayor fails or refuses to issue such authorization, the
3B City Vice Mayor or the highest ranking Sangguniang Panlungsod member, as the case may be,
“4 shall have the right to assume the powers, duties and functions of the office on the fourth (4th)
15 day of absence of the City Mayor, subject to the limitations provided for in subsection (c)
16 hereof.
7 (e) Except as provided above, the City Mayor shall, in no case, authorize any local official to
18 assume the powers, duties and functions of the office other than the City Vice Mayor or the
19 highest-ranking member of the Sangguniang Panlungsod, as the case may be.
20 ARTICLE VII THE APPOINTIVE OFFICIALS OF THE CITY

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

24 (b) No person shall be appointed secretary to the Sangguniang Panlungsod unless one is a
25 citizen of the Philippines, a resident of the City of Bataraza, of good moral character, a holder
26 of a college degree preferably in law, commerce or public administration obtained from a
7 recognized college or university and a first grade civil service eligible or its equivalent,

28 (©) The secretary to the Sangguniang Panlungsod shall take charge of the office of the
29 Sangguniang Panlungsod, and shall

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

32 (2) Keep the seal of the City and affix it with his or her signature to all ordinances,
33 resolutions and other official acts of the Sangguniang Panlungsod, and present these
34 for the signature of the presiding officer;

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

21


©

10
1

12
13
14
15

16
7

18
19
20

21
22
23

24
25

26
27
28
29
30

31
32

33

35
36

37

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

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

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

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

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

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

(10) Perform other duties and functions and exercise such other powers as provided for
under the Local 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 civil service law, rules and regulations.

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

(©) No person shall be appointed City Treasurer unless one is a citizen of the Philippines, a
resident of the City of Bataraza, of good moral character, a holder of a college degree preferably
in commerce, public administration or law obtained from a recognized college or university, a
first grade civil service eligible or its equivalent and must have acquired experience in treasury
or accounting service for at least five (5) years.

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

(¢) The City Treasurer shall take charge of the City Finance Department, and shall:
(1) Advise the City Mayor, the Sangguniang Panlungsod and other local government
and national officials concerned regarding the disposition of local government funds

and on other matters relative to public finance;

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

22


waw

ry

10
see
12
13
14

15
16

7

18
19

20
2
22
23
24

25
26

27
28

29
30

31
32

33

35

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

(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 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.

Seetion 28. The City Assessor. ~ (a) The City Assessor must be a citizen of the Philippines, a resident
of the City of Bataraza, of good moral character, a holder of a college degree preferably in civil or
mechanical engineering, commerce or any other related course obtained from a recognized college or
university, a first grade civil service eligible or its equivalent and must have acquired experience in real
property assessment work or in any related field for at least five (5) years.

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

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

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

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

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

(4) Install and maintain 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 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 and all other records relative to its assessment, upon payment of a
service charge or fee to the City Treasurer,

23


auaw

10
ote
12

13
14

15
16

7

18
19

20
2

22
23

24
25

26
27

28
29

30

31
32

33
34

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

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

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

Section 29. The City Accountant.- (a) The City Accountant must be a citizen of the Philippines, a

resident of the City of Bataraza, of good moral character, a certified public accountant and must have

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

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

(©) The City Accountant shall take charge of both the Office of 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
Panlungsod;

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

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

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

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

(7) Prepare statements of journal vouchers, their liquidations, and other adjustments
related thereto;

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

(9) Maintain individual ledgers for offi
payrolls and deductions;

Is and employees of the City pertaining to

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

24


Ne

10
1
12
13
14

15

16
w

18
19

20
21

22
23

24

25
26

27
28

29
30

31
32
33

34
35

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

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

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

(d) The incumbent Chief Accountant in the office of the Treasurer shall be given preference in
the appointment to the position of Accountant.

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

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

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

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

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

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

(5) Submit periodic budgetary reports to the DBM;

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

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

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

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

Section 31. The City Planning and Development Officer. — (a) The City Planning and Development
Officer must be a citizen of the Philippines, a resident of the City of Bataraza, of good moral character,

25


wo oReNne

x

10

te
12

13
14

15
16

7
18

19
20
21

22

23
24

25
26
27

28
29
30

31
32

33

a holder of a college degree preferably in urban planning, development studies, economics, public
administration, or in any related course obtained from a recognized college or university, a first grade
civil service eligible or its equivalent and must have acquired experience in development planning or
in any related field for at least five (5) years.

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

(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 the consideration of the City;

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

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

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

Section 32. The City Engineer. — (a) The City Engineer must be a citizen of the Philippines, a resident

of the City of Bataraza, of good moral character, a licensed civil engineer and must have acquired

experience in the practice of profession for at least five (5) years.

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

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

26


1 (1) Initiate, review and recommend changes in policies and objectives, plans and

2 programs, techniques, procedures and practices in infrastructure development and
3 public works in general of the City;
4 (2) Advise the City Mayor on infrastructure, public works and other engineering
5 matters;
6 (3) Administer, coordinate, supervise and control the construction, maintenance,
7 improvement and repair of roads, bridges, other engineering and public works projects
8 of the City;
9 (4) Provide engineering services to the City, including investigations and surveys,
10 engineering designs, feasibility studies and project management; and
1 (5) Perform other duties and functions and exercise such other powers as provided for
2 under the Local Government Code of 1991, as amended, and those that are prescribed
23 by law or ordinance.

14 Section 33. The City Health Officer. — (a) The City Health Officer must be a citizen of the Philippines,
15 a resident of the City of Bataraza, of good moral character, a licensed medical practitioner and must
16 have acquired experience in the practice of the profession for at least five (5) years.

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

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

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

26 (2) Formulate measures for the consideration of the Sangguniang Panlungsod and
27 provide technical assistance and support to the City Mayor in carrying out activities to
28 ensure the delivery of basic services and the provision of adequate facilities relative to
29 health services as provided for under Section 17 of the Local Government Code of
30 1991, as amended;

31 (G) Develop plans and strategies and, upon approval thereof by the City Mayor,
32 implement these with the health programs and projects which the City Mayor is
33 empowered to implement and which the Sangguniang Panlungsod is empowered to
34 provide for under the Local Government Code of 1991, as amended;

35 (4) In addition to the foregoing duties and functions, the City Health officer shall:

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

27


BwoNe

o

10
1
12
13

14
15

16
7

18
19

20
2
22

23
24
25
26

27
28

29
30
31

32

33
34
35
36

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

(ii) 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
or 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;

(vii) Conduct health information campaigns and render health intelligence
services;

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

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

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

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

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

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

(4) The City Civil Registrar shall take charge of the Office of the City Civil Registry, and shall:
(1) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with the civil registry

programs and projects which the City Mayor is empowered to provide for under the
Local Government Code of 1991, as amended;

28


10
ve

12
13
14
15

16
7
18

19
20
2
22
23
24
25
26

27
28

29
30

31

32

33

35

(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;

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

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

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

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

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

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

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

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

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

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

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

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

29


wae

oe
12
13

4
15

16
17
18

19
20
21

22

23
24

25
26

27
28
29

30
31
32
33

34
35
36

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

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

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

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

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

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

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

Section 36. The City Legal Officer. ~ (a) The City Legal Officer must be a citizen of the Philippines, a
resident of the City of Bataraza, of good moral character, a member of the Philippine bar and must have
practiced the profession for at least five (5) years.

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

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

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

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

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

(3) Represent the City in all civil actions and special proceedings wherein the local
government unit or any official thereof, in his or her official capacity, is a party:
Provided, That in actions or proceedings where the City of Bataraza is a party adverse

30


1
12
13
14

15
16
17

18
19

20
2

22
23
24

25
26
27

28
29
30
31
32
33

34
35

36
37

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 Sanggunian, draft ordinances, contracts,
bonds, leases and other instruments, involving any interest of the local government
unit; and provide comments and recommendations on any instruments already drawn;

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

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

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

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

(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 upholding the rule of law;

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

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

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

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

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

31


BUNe

eyo

oe

12
13
14

15
16

7
18
19
20

2
22

23
24
25
26

27
28
29

30
31
32

33
34
35

36
37
38

(1) Formulate measures for the approval of the Sangguniang Panlungsod and provide
technical assistance and support to the City Mayor in carrying out measures to ensure
the delivery of basic services and the provision of adequate facilities relative to 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 the basic needs of the needy, the disadvantaged and impoverished and
develop and implement appropriate measures to alleviate their problems and improve
their living conditions;

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

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

(6) Facilitate the implementation of welfare programs 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 youth welfare programs that will enhance the role of the youth
in nation building;

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

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

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

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

Section 38. The City Veterinarian, ~-(a) The City Veterinarian must be a citizen of the Philippines, a
resident of the City of Bataraza, of good moral character, a licensed Doctor of Veterinary Medicine and
must have practiced the profession for at least three (3) years,

32


2B

14

15

16
17

18
19
20
2a

22
23
24
25

26
27
28

29
30
31
32
33
34

35
36

(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 the Veterinary Services, and shall:

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

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

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

(4) Regulate the keeping of domestic animals;
(5) Regulate and inspect poultry, milk and dairy products for public consumption;
(6) Enforce all laws for the prevention of cruelty to animals;

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

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

(9) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all other
matters relative to the veterinary services which will increase the number and improve
the quality of livestock, poultry and other domestic animals used for work or for human
consumption; and

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

Section 39. The City General Services Officer. — (a) The City General Services Officer must be a citizen
of the Philippines, a resident of the City of Bataraza, of good moral character, a holder of a college
degree in public administration, business administration or management obtained from a recognized
college or university, a first grade civil service eligible or its equivalent and must have acquired
experience in general services, including the management of supply, property, solid waste disposal and
general sanitation for at least five (5) years.

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

33


4
15

16
17
18

19
20
21

22
23

24
25

26
27
28

29
30
31
32

33
34

35
36
37

(©) The City General Services Officer shall take charge of the Office of the General Services,
and shall:

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

(2) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement these with general services that are supportive of the welfare of the
inhabitants of the City which the City Mayor is empowered to implement and which
the Sangguniang Panlungsod is empowered to provide;

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

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

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

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

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

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

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

(10) Be in the frontline of general services-related activities, including the possible and
imminent destruction or damage to records, supplies, properties and structure and the
orderly and sanitary clearing up of waste materials or debris, particularly during and in
the aftermath of man-made and natural disasters or calamities;

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

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

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

34


ouawne

Sy

10

Soe
12
13
14
15

16
7
18
19

20
21
22

23
24

25
26

27
28
29

30
31
32
33

34
35
36
37

38
39

Section 40. 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 Bataraza, of
good moral character, a holder of a college degree preferably in environment, forestry, agriculture or in
any other related course obtained from a recognized college or university, a first grade civil service
eligible or its equivalent and must have acquired experience in environment and natural resources
management, conservation and utilization work for at least five (5) years.

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

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

(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide assistance and support to the City Mayor in carrying out measures
to ensure the delivery of basic services and the provision of adequate facilities
relative to environment and natural resources services as provided for under
Section 17 of the Local Government Code of 1991, as amended;

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

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

(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 nongovernmental organizations
in the implementation of measures to prevent and control land, air and water
pollution with the assistance of the Department of Environment and Natural
Resources (DENR);

(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 or
calamities;

(9) Recommend measures to the Sangguniang Panlungsod and advise the City
Mayor on all matters relative to the protection, conservation, maximum

35


coe
2

13
14
15
16

17
18
19
20

2
22
23
24

25
26
27
28

29
30
31
32

33
34
35
36

37
38
39

utilization, application of appropriate technology and other matters related to
the environment and natural resources; and

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

Section 41. The City Architect. — (a) The City Architect must be a citizen of the Philippines, a resident
of the City of Bataraza, of good moral character, a duly licensed architect and must have practiced the
profession for at least five (5) years.

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

(©) The City Architect shall take charge of the office of the Architectural Planning and Design,
and shall:

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

(2) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement these with architectural planning and design programs and projects
which the City Mayor is empowered to implement and which the Sangguniang
Panlungsod is empowered to provi

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

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

(5) Coordinate with government and nongovernment entities and individuals
involved in the aesthetics and maximum utilization of the land and water within
the jurisdiction of the local government unit to implement plans and programs
that shall preserve environmental integrity and ecological balance;

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

(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on
all other matters relative to architectural planning and design as it relates to the
total socioeconomic development of the City; and

36


12
13

14
15

16
7
18
19
20

2
22
23
24

25
26

27
28
29

30
31
32

33
34
35
36

37
38
39

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

Section 42. The City Information Officer. --(a) The City Information Officer must be a citizen of the
Philippines, a resident of the City of Bataraza, of good moral character, a holder of a college degree
preferably in journalism, mass communication or in any related course obtained from a recognized
college or university, a first grade civil service eligible or its equivalent and must have experience in
writing articles and research papers, or writing for print, television or broadcast media for at least three
3) years.

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

(©) The term of the City Information Officer is coterminous with that of his or her appointing
authority.

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

(1) Formulate measures for the consideration of the Sangguniang Panlungsod and
provide technical assistance and support to the City Mayor in providing the information
and research data required for the delivery of basic services and the provision of
adequate facilities so that the public becomes aware of said services and may fully avail
of the same;

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

(3) Provide relevant, adequate and timely information to the local government unit and
its residents;

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

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

(© Be in the frontline in providing information during and in the aftermath of man-
made and natural disasters or calamities, with special attention to the victims thereof,
to help minimize injuries and casualties during and after the emergency, and to
accelerate relief and rehabilitation;

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

37


wn

evans

10

1
2

13
14
15
16

7
18
19
20

24

22
23

24
25
26

27
28
29
30

31
32
33

34
35
36

37
38

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

Section 43. The City Cooperatives Officer. —(a) The City Cooperatives Officer must be a citizen of the
Philippines, a resident of the City of Bataraza, of good moral character, a holder of a college degree
preferably in business administration with special training on cooperatives or in any related course
obtained from a recognized college or university, a first grade civil service eligible or its equivalent and
must have acquired experience in cooperatives organization and management for at least five (5) years.

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

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

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

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

(3) Assist in the organization of cooperatives;

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

(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 frontline of cooperatives organization, rehabilitation or viability
enhancement, particularly during and in the aftermath of man-made and natural
disasters or calamities, to aid in their survival and, if necessary, subsequent
rehabilitation;

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

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

by law or ordinance.

Section 44. The City Population Officer. — (a) The City Population Officer must be @ citizen of the
Philippines, a resident of the City of Bataraza, of good moral character, a holder of a college degree

38


RUNe

wo

10
1
12
13

14
15
16
7

18
19

20
2
22

23
24

25
26
27

28
29
30
31
32

33
34

35

36
37

preferably with specialized training in population development obtained from a recognized college or
university, a first grade civil service eligible or its equivalent and must have acquired experience in the
implementation of programs on population development or responsible parenthood for at least five (5)
years.

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

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

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

(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 is empowered to provide;

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

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

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

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

Section 45. The City Agriculturist. — (a) The City Agriculturist must be a citizen of the Philippines, a
resident of the City of Bataraza, of good moral character, a holder of a college degree preferably in
agriculture or in any other related course obtained from a recognized college or university, a first grade
civil service eligible or its equivalent and must have practiced the profession in agriculture or acquired
experience in s related field for at least five (5) years.

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

(©) The City Agriculturist shall take charge of the Office of the Agriculture 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

39


ausw

cS

10

cee
12
13
14
15

16
7

18

19
20
2

22
23
24

25
26
27

28
29
30

31
32

33
34
35
36

the delivery of basic services and the provision of adequate facilities relative to
agricultural services;

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

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

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

(ii) Conduct or cause to be conducted location-specific agricultural researchers
and assist in making available the appropriate technology arising out of and
disseminating information on basic 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 on aquaculture and marine products;

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

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

(4) Be in the frontline of the delivery of basic agricultural services, particularly those
needed for the survival of the City’s inhabitants during and in the aftermath of man-
made and natural disasters or calamities;

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

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

ARTICLE VIII THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE
CITY SCHOOLS DIVISION AND THE 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
(DILG). The City shall provide the necessary land or site of the station.

40


wo opwNne

o

we

10
eee
12

13
14
15
16
7
18

19
20
21

22
23

24
25
26
27
28

29
30
31
32

33
34
35
36
37

38

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

(©) The city fire station shall be responsible for providing emergency services, including the
rescue and evacuation of injured people related to incidents and, in general, all fire prevention
and suppression measures to secure the safety of life and property of the citizenry.

Section 47. The City Jail Service. — (a) There shall be established and maintained in the City a secure,
clean, adequately equipped and sanitary jail for the custody and safekeeping of prisoners, any fugitive
from justice, or person detained awaiting investigation or transfer to the National Penitentiary, and/or
trial and/or violent mentally ill person who endangers oneself or the safety of others, duly certified as
such by the proper medical health officer, pending the transfer to a mental institution.

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

Section 48. The City Schools Division. — (a) There shall be established and maintained by the
Department of Education (DepEd), a city schools division of the City of Bataraza whose area of
jurisdiction will cover all the school districts within the City.

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

Section 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 prosecutors, as may be
necessary, who shall be organizationally part of the Department of Justice (DOJ), and under the
supervision and control of the Secretary of Justice and whose qualifications, manner of appointment,
rank, salary and benefits shall be governed by existing laws covering prosecutors in the DOJ.

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

‘The Secretary of Justice shall always ensure the adequacy and the quality of prosecution service
in the City and, for this purpose, shall, in the absence, 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

41


10
cee
12
13
14
15
16

7
18

19
20
21
22

23
24

25
26
27

28
29

30
31
32

33
34
35
36

37
38

Section 50, Municipal Ordinances Existing at the Time of the Approval of this Act. — All municipal
ordinances of the Municipality of Bataraza existing at the time of the approval of this Act shall continue
to be in force within the City of Bataraza until the Sangguniang Panlungsod shall declare otherwise.

Section 51. Plebiscite. — The City of Bataraza 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 Bataraza within ninety (90) days from the approval of this Act.

‘The Commission on Elections shall conduct and supervise such plebiscite.

‘The expenses for the plebiscite shall be borne by the Municipality of Bataraza.

Section 52. Officials of the City of Bataraza. — The present elective officials of the Municipality of
Bataraza shall continue to exercise their powers and functions until such time that a new election is held
and the duly elected officials shall have already qualified and assumed their offices. The two (2)
additional members of the Sangguniang Panlungsod shall be appointed by the City Mayor and shall
assume office until such time that the regular members of the Sangguniang Panlungsod have been
‘lected and qualified in the next national and local elections after the effectivity of this Act. Appointive
officials and employees of the municipality shall likewise continue exercising their functions and duties
and they shall be automatically absorbed by the city government of the City of Bataraza,

Section 53. Succession Clause. — The City of Bataraza shall succeed to all the assets, properties,
liabilities and obligations of the Municipality of Bataraza.

Section 54, Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province
of Palawan. ~ The qualified voters of the City of Bataraza shall be qualified to vote and run for any
elective position in the elections for provincial governor, provincial vice governor, Sangguniang
Panlalawigan members and other elective officials for the Province of Palawan,

Section 55. Jurisdiction of the Province of Palawan. - The City of Bataraza shall, unless otherwise
provided by law, continue to be under the jurisdiction of the Province of Palawan.

Section 56. Suspension of Increase in Rates of Local Taxes. - No increase in the rates of local taxes
shall be imposed by the City within the period of five (5) years from its acquisition of corporate
existence.

Section 57. Legislative District. — Until otherwise provided by law, the City of Bataraza shall continue
to be a part of the Second Legislative District of the Province of Palawan.

Section 58. Applicability of Laws. - The provisions of the Local Government Code of 1991, as
amended, and other laws pertaining to the Province of Palawan and such laws as are applicable shall
govern the City of Bataraza insofar as they are not inconsistent with the provisions of this Act.

Section 59. 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 60. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in a newspaper of general circulation.

42


43