Seventeenth Congress
Third Regular Session

HOUSE BILL NO. 8115

Introduced by Representative Maria Lourdes O. Acosta-Alba

EXPLANATORY NOTE

This proposed measure seeks to convert the Municipality of Manolo Fortich
in the Province of Bukidnon into a Component City to be known as
the City of Manolo Fortich.

For the past several years, Manolo Fortich has consistently been one of the
most competitive municipalities in the country highlighted by a top 20
ranking in 2017 in terms of economic dynamism, government efficiency,
infrastructure and resiliency.

Manolo Fortich ranked 5th in its local economy structure. It ranked first in
presence of investment promotion unit and 18th in social protection. It also
ranked Ist in availability of basic utilities, land use plan, disaster risk
reduction plan, annual disaster drill, early warning system and local risk
assessments.

Such a feat shows that it is time for Manolo Fortich to join the ranks of
component cities that make up Bukidnon. There is still much to be
improved in the competitiveness list however. There also needs to look
forward to the promise of many potential for Manolo Fortich in terms of
economic, tourism, and, investment opportunities.

‘The conversion of Manolo Fortich will definitely enhance its economic,
tourism, investment opportunities. The same will also contribute to the
development of the province's health services, education, transport system,


markets, infrastructure, roadways and streets, and the general living
condition of residents and entrepreneurs inhabiting therein. Furthermore, it
will yield in the active generation of revenues for national development.

In view of the foregoing, the passage of this bill is earnestly sought.

Lone District, Camiguin

HENRY S. OAMINAL
District I, Misamis Occidental


Seventeenth Congress
Third Regular Session

HOUSE BILL NO. 8115

Introduced by Representative Maria Lourdes 0. Acosta-Alba

AN ACT
CONVERTING THE MUNICIPALITY OF MANOLO FORTICH IN THE
PROVINCE OF BUKIDNON INTO A COMPONENT CITY TO BE KNOWN AS
‘THE CITY OF MANOLO FORTICH

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

ARTICLE I
General Provisions
SECTION1.Short Title. —- This Act shall be known as the “Charter of the

City of Manolo Fortich.”

SEC.2.The City of Manolo Fortich. - The Municipality of Manolo
Fortich in the Province of Bukidnon is hereby converted into a component city
to be known as the City of Manolo Fortich, hereinafter referred to as the City,
which shall comprise of the present territory of the Municipality of Manolo
Fortich. The territorial jurisdiction of the City shall be within the present
metes and bounds of the Municipality of Manolo Fortich.

‘The foregoing provision shall be without prejudice to the resolution by
the appropriate agency or forum of existing boundary disputes or cases
involving questions of territorial jurisdiction between the City and the adjoining


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

resolution of the case,

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

The City shall have the following corporate powers:

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

b) To sue and be sued;

c) To have and use a corporate seal;

d) To acquire and convey real or personal property;

) To enter into contracts; and

f) To exercise such other powers, prerogatives and authority as are
granted to corporations, subject to the limitations provided for in this Act and

other laws,

SEC. 4. General Powers of the City. — The City shall have a common
seal and may alter the same at pleasure. It shall exercise the power to levy
taxes, close and open roads, streets, alleys, parks or squares subject to the

provisions of the Constitution and existing laws. It may take, purchase,

w


receive, hold, lease, convey and dispose of real and personal property for the
general interests of the City; expropriate or condemn private property for public
use; contract and be contracted with; sue and be sued; prosecute and defend
to final judgment and execution suits wherein the City is a party; and exercise

all the powers as are granted to corporations as hereunder conferred.

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

Within its territorial jurisdiction, the City shall, among others, preserve
and enrich its culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of
appropriate and self-reliant, scientific and technological capabilities, improve
public morals, enhance economic prosperity and social justice, promote full
employment among their residents, maintain peace and order, and preserve the

comfort and convenience of their inhabitants.

SEC. 6. Liability for Damages. - Unless otherwise provided by law, the
City of Manolo Fortich shall be liable for injuries or damages to persons or
property arising from the act or omission of any of its officers or employees

while in the performance of their official functions.


SEC. 7. Jurisdiction of the City. - The jurisdiction of the City of
Manolo Fortich, for police purpose 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
territory within the drainage area of such water supply or within one hundred
meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station
used in connection with the city water service.

‘The regional trial courts and the city courts of the City of Manolo Fortich
shall have concurrent jurisdiction with the regional trial courts and the
metropolitan trial courts or city or municipal courts of the adjoining
municipalities or cities, to try crimes and misdemeanors committed within said
drainage area or within said spaces of one hundred meters (100 m.)

‘The court first taking cognizance of such an offense shall have
jurisdiction to try said cases to the exclusion of others. The police forces of the
several municipalities and cities shall have concurrent jurisdiction with the
police forces of the City for the maintenance of good order and enforcement of

ordinance throughout said zone, area or spaces,

ARTICLE 11
City Officials in General
SEC. 8. The Officials of the City of Manolo Fortich. -
a) There shall be in the City of Manolo Fortich, a City Mayor, a City Vice Mayor,

twelve (12) Sangguniang Panlungsod members, a Secretary to the Sangguniang
4


Panlungsod, a City Treasurer and an Assistant City Treasurer, a City Assessor
and an Assistant City Assessor, a City Accountant, a City Engineer, an
Assistant City Engineer, a City Architect, a City Budget Officer, a City Planning
and Development Officer, a City Health Officer, an Assistant City Health
Officer, a City Civil Registrar, an Assistant City Civil Registrar, a City
Administrator, a City Legal Officer, a City Social Welfare and Development
Officer, a City Veterinarian, a City General Services Officer, a City Information
Officer, a City Cooperatives Officer, a City Agriculturist, a City Environment
and Natural Resources Officer, a City Tourism Officer and a City Human
Resource Development Officer.

b) In addition thereto, the City Mayor may appoint a City Population
Officer, City Building Official, and City Information Technology Officer.

¢) The City shall establish a city fire station to be headed by a City Fire

Marshall, a city jail to be headed by a City Jail Warden, a city schools divi:

n
to be headed by a City Schools Division Superintendent and a city prosecution
service to be headed by a City Prosecutor.
d) The sangguniang panlungsod of the City of Manolo Fortich may:
1. Maintain existing offices not mentioned in subsections (a),
(b) and (c), hereof;
2. Create such other offices as may be necessary to carry out
the purposes of the City; and
3. Consolidate the functions of any office with those of another

in the interest of efficiency and economy.


Unless otherwise provided herein, all appointive city officials of the City
shall be appointed by the city mayor, subject to existing civil service law, rules
and regulations. The sangguniang panlungsod shall act on the appointment
within fifteen (15) days from the date of its submission otherwise the same

shall be deemed confirmed.

ARTICLE I
‘The City Mayor and the City Vice Mayor

SEC. 9. The City Mayor. - a) The city mayor shall be the chief
executive of the City, He shall be elected at large by the qualified voters of the
City. No person shall be eligible for the position of city mayor unless at the
time of election, he is at least twenty-one (21) years of age, a resident of the
City for at least one (1) year prior to his election and a qualified voter therein.
He shall hold office for three (3) years, unless sooner removed, and shall receive
a minimum monthly compensation corresponding to Salary Grade Thirty (30)
as prescribed under Republic Act No. 6758, otherwise known as the Salary
Standardization Law, as amended, and the implementing guidelines issued
pursuant thereto, and such other compensation, emoluments and allowances
as may be determined by law.

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

herein:


1. Exercise general supervision and control over all programs,
projects, services and activities of the city government, those powers
expressly granted to him by law, those necessarily implied therefrom as
well as powers necessary, appropriate or incidental for the efficient and
effective governance of the City, and those which are essential to the
promotion of the general welfare and, in this connection, shall:

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

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

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

(iv) Initiate and propose legislative measures to the

sangguniang panlungsod, as may be deemed necessary, and


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 in the Local
Government Code of 1991, as well as those he may be
authorized by law to appoint;

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

(vi) Carry out such emergency measures as may be

necessary during and in the aftermath of man-made and

natural disasters and calamities;

(viii) Determine the time, manner and place of payments
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 city and other
officials and employees who, by law or ordinance, are entitled
to such space in the city hall and other buildings owned or
leased by the city government, including the offices and

officials created therein;


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

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

(xii) Furnish copies of executive orders issued by him 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 his understanding of the
problems and conditions, listen and give appropriate counsel to
local officials and inhabitants of general laws and ordinances
which especially concern them, and otherwise conduct visits
and inspections to ensure that the governance of the City will
improve the quality of life of the inhabitants;


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

(xv) Authorize official trips of city officials and employees
outside of the City for a period not exceeding thirty (30) days;

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

(xvii) Authorize payments 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;

(xix) Conduct an annual palarong panlungsod which shall
feature traditional sports and disciplines included in national

and international games, in coordination with the Department


of Education (DepEd), the Philippine Sports Commission and
other related agencies; and

(xx) 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 condition; and supplemental reports when
unexpected events and situations arise at any time during the
year, particularly when man-made or natural disasters or
calamities affect the general welfare of the City;

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

(i) 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 or appointive officials of the City, including national
officials and employees stationed in or assigned to the City, at
such time and place and on such subject he may deem


important for the promotion of the general welfare of the local
government unit and its inhabitants;

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

(iv) Be entitled to carry the necessary firearms within his
territorial jurisdiction after the procurement of necessary
permits and licenses from duly constituted authorities;

(v) 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 contro! and supervision over
the 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 appropriate law enforcement agencies to
suppress disorder, riot, lawless violence, rebellion or sedition,
or apprehend violators of the law when public interest so
requires and the city police forces are inadequate to cope with

the situation or the violators;

3. Initiate and maximize the generation of resources and revenues
and apply the same to the implementation of development plans,

program objectives and priorities, particularly the resources and

12


revenues programmed for agro-industrial development and the provision
of basic services and, relative thereto, shall:

(i) 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 provisions of the Local
Government Code of 1991 and other relevant laws;

(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;

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

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

(v) Issue permits, not requiring 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 structures to obtain the necessary permits,
subject to such fines and penalties as may be imposed by law
or ordinance, or to make necessary changes in the
construction or to order the demolition or removal of said
houses, buildings or structures within the period prescribed by
law or ordinance;

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

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

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

adequately protected;

4. Ensure the delivery of basic services and the provision of
adequate facilities as provided for under Section 17 of the Local

Government Code of 1991 and, in addition thereto, shall:


(i) Ensure that the construction and repair of roads,
bridges 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

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

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

(c) During his incumbency, the city mayor shall hold office in the city
hall,

SEC. 10, The City Vice Mayor. -a) There shall be a city vice mayor who
shall be elected in the same manner as the city mayor and shall, at the time of
his election, possess the same qualifications as the city mayor. He shall hold
office for three (3) years, unless sooner removed, and shall receive a minimum
monthly compensation corresponding to Salary Grade Twenty-six (26) as
prescribed under the Salary Standardization Law, as amended, and the


implementing guidelines issued pursuant thereto, and such other

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

b) The city vice mayor shall;

1. Be the presiding officer of the sangguniang panlungsod and
sign all warrants drawn on the city treasury for all expenditures
appropriated for the operation of the sangguniang panlungsod;

2. Subject to civil service law, rules and regulations, appoint all
officials and employees, including the secretary of the sangguniang
panlungsod, except those whose manner of appointment is specifically
provided for in the Local Government Code of 1991;

3, Assume the office of the city mayor for the unexpired term of the
latter in the event of permanent vacancy, as provided for in Section 44 of
the Local Government Code of 1991;

4. Exercise the powers and perform the duties and functions of
the city mayor in case of temporary vacancy; and

5. Perform such other duties and functions and exercise such
other powers as provided for under the Local Government Code of 1991,

and those that are prescribed by other relevant laws or by ordinance.

ARTICLE IV


SEC. 11. Composition and Compensation. - The sangguniang
panlungsod, the legislative body of the City, shall be composed of the city vice
mayor as the presiding officer, the twelve (12) regular sanggunian members,
the president of the city chapter of the liga ng mga barangay and the president
of the panlungsod na pederasyon ng mga sangguniang kabataan, and such
other members as may be provided for by law.

The regular members of the sangguniang panlungsod, the sectoral
representatives and other members shall be elected or appointed in the manner
as may be provided for by law. The elective members of the sangguniang
panlungsod shall possess the qualifications as provided for under Section 39 of
the Local Government Code of 1991.

They shall receive a minimum monthly compensation corresponding to
Salary Grade Twenty-five (25) as prescribed under the Salary Standardization
Law, as amended, and the implementing guidelines issued pursuant thereto,
and such other compensation, emoluments and allowances as may be

determined by law.

SEC. 12. Powers, Duties, Functions and Compensation. — The
sangguniang panlungsod shall:
a) Approve ordinances and pass resolutions necessary for an efficient

and effective city government and, in this connection, shall:


1, 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;

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

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

4. Adopt measures to protect the inhabitants of the City from
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 disaster or calamity and in their return to productive
livelihood following said events;

5. Enact ordinances intended to prevent, suppress and impose
appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, establishment and maintenance of
houses of ill repute, gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or property, drug
addiction, maintenance of drug dens, drug pushing, juvenile

delinquency, the printing, distribution or exhibition of obscene or


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

6. Protect the environment. Towards this end, it shall set aside a
reasonable amount from its development funds for the purpose of
maintaining and enhancing the ecological balance of the City. It may
also impose appropriate penalties for acts which endanger the
environment and such other activities which result in pollution,
eutrophication of rivers and other bodies of water, or of ecological
imbalance, the fines for which shall be used exclusively for the
advancement of ecological protection;

7. Subject to the provisions of the Local Government Code of 1991
and other pertinent laws, determine the powers and duties of officials
and employees of the City;

8. Consistent with the Salary Standardization Law, as amended,
determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or mainly
from city funds and provide for expenditures necessary for the proper
conduct of programs, projects, services and activities of the city
government;

9. Authorize the payment of compensation of a qualified person not
in the government service, who fills up a temporary vacancy or grant
honorarium to any qualified official or employee designated to fill up a


temporary vacancy in a concurrent capacity at the rate authorized by
law;

10. Provide a mechanism and the appropriate funds therefor to
ensure 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;

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

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

13. Provide for group insurance or additional insurance coverage for
all barangay officials, including members of barangay tanod brigades and

other service units, with public or private insurance companies;

b) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the City with particular
attention to agro-industrial development, citywide growth and progress, and

20


the provision of basic services and, relative thereto, the sangguniang
panlungsod shall:

1. 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;

2. Subject to the provisions of Book II of the Local Government
Code of 1991 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;

3. Subject to the provisions of Book II of the Local Government
Code of 1991 and applicable laws 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. The
application for loans or other forms of indebtedness and the terms and
conditions thereof shall, before approval, be published in a newspaper of
general circulation in the City. Once approved, the contract covering
the loans or other forms of indebtedness shall be furnished to any city
resident requesting a copy thereof, upon payment of reasonable fees;

4. Subject to the provisions of Book II of the Local Government

Code of 1991 and applicable laws and, upon the majority vote of all

21


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. The
authorization to float bonds or other instruments of indebtedness shall
be published in a newspaper of general circulation in the City. Once
approved, the contract covering the floating of bonds or other
instruments of indebtedness shall be furnished to any city resident
requesting a copy thereof, upon payment of reasonable fees;

5. Appropriate funds for the construction and maintenance or the
rental of buildings for the use of the City and, upon the majority vote of
all the members of the 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;

6. Prescribe reasonable limits and restraints on the use of
property within the jurisdiction of the City;

7. 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;

8. Reclassify lands within the jurisdiction of the City, subject to
pertinent provisions of the Local Government Code of 1991;

9. 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

22


centers, and regulate the construction, repair or modification of
buildings within said fire limits or zones, in accordance with the
provisions of the Fire Code;

10. Subject to national law, process and approve subdivision plans
for residential, commercial or industrial purposes and other
development purposes and to collect processing fees and other charges,
the proceeds of which shall accrue entirely to the City: Provided,
however, That where the approval of 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;

11. With the concurrence of at least two-thirds (2/3) vote of all the
members of the sangguniang panlungsod, grant tax exemptions,
incentives or reliefs to entities engaged in community growth-inducing
industries, subject to the provisions of the Local Government Code of
1991;

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

13. Regulate the numbering of residential, commercial and other
buildings; and


14. Regulate the inspection, weighing and measuring of articles of

commerce;

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

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

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

3. Provide for and set the 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;

4. 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;


5. Authorize and license the establishment, operation and
maintenance of cockpits, regulate cockfighting and commercial breeding
gamecocks;

6. Subject to Section 458 (1) (vi) of Republic Act 7160 and to the
guidelines prescribed by the Department of Transportation (DoTr),
regulate the operation of tricycles and other modes of local
transportation, grant franchises for the operation thereof within the
territorial jurisdiction of the City to promote the safety of the riding
public; and

7. 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 such other activities within the City as
may be allowed by existing laws: Provided, That cooperatives shall be

given preference in the grant of such franchise;

d) 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:

1. Declare, prevent or abate any nuisance;
2. With the concurrence of a majority of the members of the

sangguniang panlungsod constituting a quorum, deny the entry of

25


legalized gambling by ordinance into any part of the City or regulate its
location within the City;

3. 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
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;

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

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

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

7. 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;

8. Regulate the establishment, operation and maintenance of
entertainment or amusement facilities, including the theatrical
performance, circuses, billiard halls, public dancing schools, public

dance halls, sauna baths, massage parlors and other places for

26


entertainment or amusement, 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;

9. Provide for the impounding of stray animals; regulate the
keeping of animals in homes or as part of a business, and the slaughter,
sale or disposition of the same; and adopt measures to prevent and
penalize cruelty to animals, subject to existing laws, rules and
regulations; and

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

laws, rules and regulations;

©) 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 and, in addition to said services and facilities, shall:
1, 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;

27


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

3. 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;

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

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

extend the coverage of appropriate ordinances over all territory within the

28


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 therefor;

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

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

8. Subject to the availability of funds and the existing laws, rules
and regulations, establish or maintain, or provide for the operation of a
city college, vocational and technical schools and similar post-secondary
institutions and, with the approval of the DepEd, the Commission on
Higher Education or the Technical Education and Skills Development

Authority, as the case may be, and subject to existing laws on tuition

29


fees, fix and collect reasonable tuition fees and other school charges in
educational institutions supported by the city government;

9. Ensure the physical maintenance of educational institutions
under the operational control of the City and the provision of books and
other capital equipment for the same;

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

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

12. Provide for an efficient and effective system of solid waste and
garbage collection and prohibit littering and the placing or throwing of
garbage, refuse and other filth and wastes; and, for this purpose, provide
for incentive schemes for industries engaged in the recycling of waste
and garbage;

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

persons;

30


14. Establish and provide for the maintenance and improvement of
jails and detention centers, institute a sound jail management program,
including a continuing education and training program for jail personnel
assigned or detailed in jails and detention centers within the jurisdiction
of the City, and the provision of separate detention centers for women
and minors;

15. 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;

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

17. Perform for a social housing fund for the provision of housing
for the poor and, for this purpose, may allocate a reasonable amount

annually for the acquisition of land and development of the same; and
f) Perform such other duties and functions and exercise such powers

as provided for under the Local Government Code of 1991, and those that are
prescribed by other relevant laws or by ordinance.

31


ARTICLE V
Process of Legislation

SEC. 13. 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 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, but shall not be limited to, the committees on appropriations,
women and family, human rights, youth and sports development,
environmental protection and cooperatives, the general jurisdiction of
each committee and the election of the chairman and members of each
committee;

2. The order and calendar of business for each session;

3. The legislative process;

4. ‘The parliamentary procedures, which include the conduct of
members during sessions;

5. The discipline of members for disorderly behavior and absences
without justifiable cause for four (4) consecutive sessions for which they
may be censured, reprimanded or excluded from the sessions,
suspended for not more than sixty (60) days or expelled: Provided, That

the penalty of suspension or expulsion shall require the concurrence of

32


at least two-thirds (2/3) vote of all the sangguniang members: Provided,
further, That a member convicted by final judgment to imprisonment of
at least one (1) year for any crime involving moral turpitude shall be
automatically expelled from the sanggunian; and

6. Such other rules as the sanggunian may adopt.

SEC. 14. Full Disclosure of Financial and Business Interests of
Sangguniang Panlungsod Members. — a) Every sangguniang panlungsod
member shall, upon assumption to office, make a full disclosure of his
business and financial interests. He shall also disclose any professional
relationship or any relation by affinity or consanguinity within the fourth civil
degree, which he may have with any person, firm or entity affected by any
ordinance or resolution under consideration by the sanggunian of which he is a
member, which relationship may result in conflict of interests. Such
relationship shall include:

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

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

In the absence of specific constitutional or statutory provisions
applicable to this situation, “conflict of interest’ refers in general to one where it
may be reasonably deduced that a member of a sanggunian may not act in the

public interest due to some private, pecuniary or other personal considerations

33


that may tend to affect his judgment to the prejudice of the service or the

public.

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

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

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

therein.

SEC. 15. Sessions. - a) On the first day of the session immediately
following the election of its members, the sangguniang panlungsod shall, by
resolution, fix the day, time and place of its sessions. The minimum number of

regular sessions shall be once a week.

34


b) When the public interest so demands, special sessions may be called

by the city mayor or by a majority of the members of the sanggunian.

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

d) In the case of special sessions of the sanggunian, a written notice to
the members shall be served personally at the member's usual place of
residence at least twenty-four (24) hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian
members present, there being a quorum, no other matters may be considered

at a special session except those stated in the notice.

e) The sanggunian shall keep a journal and a record of its proceedings
which may be published upon a resolution of the sangguniang panlungsod.
SEC. 16. Quorum. —a) A majority of all the members of the sanggunian
who have been elected and qualified shall constitute a quorum to transact
official business. Should a question of quorum be raised during a session, the
presiding officer shall immediately proceed to call the roll of the members and

thereafter announce the result.

35


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 or members
of the sanggunian to be assisted by a member or members of the police force
assigned in the territorial jurisdiction of the City of Manolo Fortich, to arrest

the absent member and present him at the session.

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

declare the session adjourned for lack of quorum.

SEC. 17. Approval of Ordinances. ~ a) Every ordinance enacted by the
sangguniang panlungsod shall be presented to the city mayor. If the city
mayor approves the same, he shall affix his signature on each and every page
thereof, otherwise, he shall veto it and return the same with his objections to
the sanggunian, which may proceed to reconsider the same. The sanggunian
may override the veto of the city mayor by two-thirds (2/3) vote of all its
members, thereby making the ordinance or resolution effective for all legal

intents and purposes.

36


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

he signed it.

SEC. 18. Veto Power of the City Mayor. - a) The city mayor may veto
any ordinance of the sangguniang panlungsod on the ground that it is ultra

vires or prejudicial to public welfare, stating his reasons thereof in writing.

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

vetoed, if any, shall be deemed enacted.

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

mayor.

37


SEC. 19, Review of City Ordinances by the Sangguniang
Panlalawigan. — a) Within three (3) days after approval, the secretary of the
sangguniang panlungsod shall forward to the sangguniang panlalawigan for
review, copies of approved ordinances and resolutions approving the local
development plans and public investment programs formulated by the local

development councils.

b) Within thirty (30) days after receipt of copies of such ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents or
transmit them to the provincial attorney or 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 comments or recommendations,
which may be considered by the sangguniang panialawigan in making its

decision.

c) 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 or resolution invalid in whole or in part. The
sangguniang panlalawigan shall enter its action in the minutes and shall

advise the corresponding city authorities of the action it has taken.

38


d) Ifno action has been taken by the sangguniang panlalawigan within
thirty (30) days after submission of such an ordinance or resolution, the same

shall be presumed consistent with law and therefore valid.

SEC. 20. Review of Barangay Ordinances by the Sangguniang
Panlungsod. - a) Within ten (10) days after the enactment, the sangguniang
barangay shall furnish copies of all barangay ordinances to the sangguniang
panlungsod for review as to whether the ordinance is consistent with law and

city ordinances,

b) If the sangguniang panlungsod fails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall be

deemed approved.

c) If the sangguniang panlungsod finds the barangay ordinance
inconsistent with law or city ordinances, the sangguniang panlungsod shall,
within thirty (30) days from receipt thereof, return the same with comments
and recommendations to the sangguniang barangay 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.

SEC. 21. Enforcement of Disapproved Ordinances or Resolutions. —
Any attempt to enforce any ordinance or any resolution approving the local

development plan and public investment program after disapproval thereof

39


shall be sufficient ground for the suspension or dismissal of the official or

employee concerned.

SEC. 22. Effectivity of Ordinances or Resolutions. - a) Unless
otherwise stated in the ordinance or the resolution approving the local
development plan and public investment program, the same shall take effect
after ten (10) days from the date a copy thereof is posted in a bulletin board at
the entrance of the city hall and in at least two (2) other conspicuous places in

the City of Manolo Fortich.

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) other conspicuous places in the City of Manolo
Fortich not later than five (5) days after approval thereof. The text of the
ordinance or resolution shall be disseminated and posted in Filipino or English
and in the language or dialect understood by a majority of the people in the
City, and the secretary of the sangguniang panlungsod shall record such fact

in a book kept for the purpose, stating the dates of approval and posting.

c) The main features of the ordinance or resolution duly enacted or
adopted shall, in addition to being posted, be published once in a local
newspaper of general circulation within the City: Provided, That in the absence
thereof, the ordinance or resolution shall be published in any newspaper of

40


general circulation: Provided, further, That the gist of all ordinances with penal

sanctions shall also be published in a newspaper of general circulation.

ARTICLE VI
‘Succession for Elective City Officials

SEC. 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 permanent incapacity, the
second highest ranking sangguniang panlungsod member shall become the city
vice mayor, as the case may be. Subsequent vacancies in the said office shall
be filled in automatically by the other sanggunian members according to their

ranking as defined herein.

b) A tie between or among the highest ranking sangguniang panlungsod

members shall be resolved by drawing of lots.

c) 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

4


qualify, dies, is removed from office, voluntarily resigns or is otherwise

permanently incapacitated to discharge the function of his office.

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.

SEC. 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:

a) The provincial governor shall make the aforesaid appointments;

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

In the appointment herein mentioned, a nomination and a certificate of
membership of the appointee from the highest official of the political party are

conditions sine qua non, and any appointment without such nomination and

42


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

d) In case of vacancy in the representation of the youth, the barangay
and other sectors in the sangguniang panlungsod, said vacancy shall be filled

in automatically by the official next-in-rank of the organization concerned.

SEC, 25. Temporary Vacancy in the Office of the City Mayor. - a)
When the city mayor is temporarily incapacitated to perform his duties for
physical or legal reasons such as, but not limited to, leave of absence, travel
abroad and suspension from office, the city vice mayor shall automatically
exercise the powers and perform the duties and functions of the city mayor,
except the power to appoint, suspend or dismiss employees which can only be

exercised if the period of temporary incapacity exceeds thirty (30) working days.

b) Said temporary incapacity shall terminate upon submission to the
sangguniang panlungsod of written declaration by the city mayor that he has

reported back to office. In case where the temporary incapacity is due to legal

43


cause, the city mayor shall also submit necessary documents showing that the

said legal cause no longer exists.

¢) When the city mayor is traveling within the country but outside the
territorial jurisdiction for a period not exceeding three (3) consecutive days, he
may designate in writing the officer-in-charge of his office. Such authorization
shall specify the powers and functions that the local official concerned shall
exercise in the absence of the city mayor, except the power to appoint, suspend

or dismiss employees.

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

hereof.

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

member, as the case may be.

ARTICLE VII


THE APPOINTIVE OFFICIALS OF THE CITY;
‘THEIR QUALIFICATIONS, POWERS AND DUTIES

SEC. 26. The Secretary to the Sangguniang Panlungsod. ~
a) There shall be a secretary to the sangguniang panlungsod who shall
be a career official with the rank and salary equal to a head of a department or
office who shall be appointed by the city mayor with the concurrence of a
majority of all sangguniang panlungsod members, subject to civil service law,

rules and regulations.

b) No person shall be appointed secretary to the sangguniang
panlungsod unless he is a citizen of the Philippines, a resident of the City, of
good moral character, preferably, a holder of a master’s degree in law,
commerce or public administration from a recognized college or university and

a first grade civil service eligible or its equivalent.

c} The secretary to the sangguniang panlungsod shall receive such

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

d) The secretary to the sanggunian shall take charge of the office of the
sangguniang panlungsod, and shall:
1. Attend meetings of the sangguniang panlungsod and keep a

journal of its proceedings;


2. Keep the seal of the City and affix the same with his signature
to all ordinances, resolutions and other official acts of the sangguniang
panlungsod and present the same to the presiding officer for his
signature;

3. Forward to the city mayor for approval copies of ordinances
enacted by the sangguniang panlungsod, duly certified by the presiding
officer;

4. Forward to the sangguniang panlalawigan copies of duly
approved ordinances in the manner as provided in Section 56 under
Book | of the Local Government Code of 1991;

5. Furnish, upon request of any interested party, certified copies
of records of public character in his custody, upon payment to the city
treasurer of such fees as may be prescribed by ordinance;

6. Record in a book kept for the purpose, all ordinances and
resolutions enacted or adopted by the sangguniang panlungsod, with the
dates of passage and publication thereof;

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

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

the manner provided for under the Local Government Code of 1991;


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

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

and those that are prescribed by other relevant laws or by ordinance.

SEC. 27. The City Treasurer.- a) The city treasurer shall be
appointed by the Secretary of Finance from a list of at least three (3) ranking
cligible 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 he shall report regularly on the tax collection efforts of

the City,

©) No person shall be appointed city treasurer unless he is a citizen of
the Philippines, a resident of the City, of good moral character, a holder of a
college degree preferably in commerce, public administration or law from a
recognized college or university and a first grade civil service eligible or its
equivalent. He must have acquired experience in treasury or accounting

service for at least five (5) years.

d) The city treasurer shall receive such compensation, emoluments and

allowances as may be determined by law.
47


shall:

¢) The city treasurer shall take charge of the city treasury office, and

1. Advise the city mayor, the sangguniang panlungsod and other
local government and national officials concerned regarding disposition
of local government funds and on such other matters relative to public
finance;

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

3. Take charge of the disbursement of all funds of the City and
other funds, the custody of which may be entrusted to him by law or
other competent authority;

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

5. Maintain and update the tax information system of the City;

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

and those that are prescribed by law or ordinance.

SEC. 28. The Assistant City Treasurer. - a) The assistant city

treasurer may be appointed by the Secretary of Finance from a list of at least

48


three (3) ranking eligible recommendees of the city mayor, subject to civil

service law, rules and regulations.

b) No person shall be appointed assistant city treasurer unless he is a
citizen of the Philippines, a resident of the City, of good moral character, a
holder of a degree preferably in commerce, public administration or law from a
recognized college or university and a first grade civil service eligible or its
equivalent. He must have acquired at least three (3) years experience in

treasury or accounting.

c) The assistant city treasurer shall receive such compensation,

emoluments and allowances as may be determined by law.

d) The assistant city treasurer shall assist the city treasurer and
perform such other duties as the latter may assign to him, He shall have
authority to administer oaths concerning notices and notifications to those
delinquent in the payment of the real property tax and concerning official
matters relating to the accounts of the city treasurer or otherwise arising from

the offices of the city treasurer and the city assessor.

SEC. 29. The City Assessor. - a) The city assessor must be a citizen of
the Philippines, a resident of the City, of good moral character, a holder of a
college degree preferably in civil or mechanical engineering, commerce or any

49


other

related course from a recognized college or university and a first grade

civil service eligible or its equivalent. He must have acquired experience on real

property assessment work or in any related field for at least five (5) years

immediately preceding the date of his appointment,

b) The city assessor shall receive such compensation, emoluments and

allowances as may be determined by law.

shall:

c) The city assessor shall take charge of the city assessor's office, and

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

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

3. Establish a systematic method of real property assessment;

4. Install and maintain 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;

50


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 assessments 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;

9, Issue, upon request of any interested party, certified copies of
assessment upon payment of a service charge or fee to the city treasurer;

10. Submit every semester a report of all assessments as well as
cancellations and modifications of assessments to the city mayor and the
sangguniang panlungsod; and

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

SEC. 30. The Assistant City Assessor, - a) The assistant city assessor
must be a citizen of the Philippines, a resident of the City, of good moral
character, a holder of a college degree preferably in civil or mechanical
engineering, commerce or any related course from a recognized college or
university and a first grade civil service eligible or its equivalent. He must have
acquired experience in assessment or in any related field for at least three (3)

years immediately preceding the date of his appointment.

SI


b) The assistant city assessor shall receive such compensation,

emoluments and allowances as may be determined by law.

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

assessment,

SEC. 31, The City Accountant. - a) The city accountant must be a
citizen of the Philippines, a resident of the City, of good moral character and a
certified public accountant. He must have acquired experience in the treasury
or accounting services for at least five (5) years immediately preceding the date

of his appointment.

b) The city accountant shall receive such compensation, emoluments
and allowances as may be determined by law.
©) 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;

52


3. Apprise the sangguniang panlungsod and other officials on the
financial condition and operation 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 the completeness of requirements;

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

7. Prepare statements of journal vouchers and liquidations of the
same and other adjustments related thereto;

8. Post individual disbursements on the subsidiary ledger and
index cards;

9. Maintain individual ledgers for officials and employees of the
City pertaining to payrolls and deductions;

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

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

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

13. Perform such other duties and functions and exercise such
other powers as provided for under the Local Government Code of 1991,

and those that are prescribed by law or ordinance.

33


SEC. 32. The City Engineer. — a) The city engincer must be a citizen of

the Philippines, a resident of the City, of good moral character and a licensed

civil engineer. He must have acquired experience in the practice of his

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

appointment.

b) The city engineer shall receive such compensation, emoluments and

allowances as may be determined by law.

shall:

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

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

2. Advise the city mayor on infrastructure, public works and
other engineering matters;

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

4. Provide engineering services to the City, including
investigations and surveys, engineering designs, feasibility studies and

project management; and


5. Perform such other duties and functions and exercise such
other powers as provided for under the Local Government Code of 1991,

and those that are prescribed by law or ordinance.

SEC. 33. The Assistant City Engineer. — a) The assistant city engineer
must be a citizen of the Philippines, a resident of the City, of good moral
character, a holder of a college degree preferably in civil or mechanical
engineering, commerce or any related course from a recognized college or
university and a first grade civil service eligible or its equivalent. He must have
acquired experience in engineering or in any related field for at least three (3)

years immediately preceding the date of his appointment.

b) The assistant city engineer shall assist the city engineer and perform

such other duties as the latter may assign to him.

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

SEC. 34. The City Architect. a) The city architect must be a citizen of
the Philippines, a resident of the City, of good moral character and a duly
licensed architect. He must have practiced his profession for at least five (5)
years immediately preceding the date of his appointment.


b) The city architect shall receive such compensation, emoluments and

allowances as may be determined by law.

) 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 the same, particularly those which have to do
with architectural planning and design programs and projects which the
city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide for under the Local Government

Code of 1991;

3. In addition to the foregoing duties and functions, the city
architect shall:
(i) Prepare and recommend, for consideration of the

sanggunian, the architectural plan and design for the City or a

56


part thereof, including the greening of land and the renewal of

slums and blighted areas;

(ii) Review and recommend for appropriate action of the
sanggunian or the mayor, as the case may be, the
architectural plans and designs submitted by governmental
and nongovernmental entities or individuals particularly those
for undeveloped, underdeveloped and poorly-designed areas;
and

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

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

5. Recommend to the sangguniang panlungsod and advise the
city mayor on all matters relative to architectural planning and design as

it relates to the total socioeconomic development of the City; and

37


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

and those that are prescribed by law or ordinance.

SEC. 35. The City Budget Officer. - a) The city budget officer must be
a citizen of the Philippines, a resident of the City, of good moral character, a
holder of a college degree preferably in accounting, economics, public
administration or any related course from a recognized college or university
and a first grade civil service eligible or its equivalent. He must have acquired
experience in government budgeting or in any related field for at least five (5)

years immediately preceding the date of his appointment.

b) The city budget officer shall receive such compensation, emoluments

and allowances as may be determined by law.

c) The city budget officer shall take charge of the city budget office, 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 proposed

legislation and submit comments and recommendations thereon;

38


4. Study and evaluate budgetary implementation of proposed
legislation and submit comments and recommendations thereon;

5. Submit periodic budgetary reports to the Department of Budget
and Management;

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

7. Assist the sangguniang panlungsod in reviewing the approved
budgets of component barangays;

8. Coordinate with the city planning and development officer in the
formulation of the development plan of the City; and

9, Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and

those that are prescribed by law or ordinance.

SEC. 36. 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 good moral character, a holder of a college degree

preferably in urban planning, development studies, economics, public

administration or any related course from a recognized college or university

and a first grade civil service eligible or its equivalent. He must have acquired

experience in development planning or in any related field for at least five (5)

years immediately preceding the date of his appointment.

so


b) The city planning and development officer shall receive such

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

) 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, researches and training programs
necessary to evolve plans and programs for implementation;

3. Integrate and coordinate all sectoral plans and studies
undertaken by the different functional groups 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 City as provided for under the Local
Government Code of 1991;

7. Promote people's participation in development planning within
the City;


8. Exercise supervision and control over the secretariat of the local
development council; and

9. Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and

those that are prescribed by law or ordinance.

SEC. 37. The City Health Officer. —a) The city health officer must be a
citizen of the Philippines, a resident of the City, of good moral character and a
licensed medical practitioner. He must have acquired experience in the
practice of his profession for at least five (5) years immediately preceding the

date of his appointment.

b) The city health officer shall receive such compensation, emoluments

and allowances as may be determined by law.

¢) The city health officer shall take charge of the office of the city health
services, and shall:

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

61


2. Formulate measures for the consideration of the sangguniang
panlungsod and provide technical assistance and support to the city
mayor in carrying out activities to ensure the delivery of basic services
and the provision of adequate facilities relative to health services
provided for under Section 17 of the Local Government Code of 1991;

3. Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with health programs and projects which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to
provide for under the Local Government Code of 1991;

4. In addition to the foregoing duties and functions, the city health
officer shall:

(i) Formulate and implement policies, plans and projects

to promote the health of the people in the City;

(ii) Advise the city mayor and the sangguniang

panlungsod on matters pertaining to health;

(iii) Execute and enforce all laws, ordinances and

regulations relating to health;

(iv) Recommend to the sangguniang panlungsod, through
the local health board, the passage of such ordinance as he
may deem necessary for the preservation of public health;

(v) Recommend the prosecution of any violation of

sanitary laws, ordinances or regulations;

62


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

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

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

5. 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

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

and those that are prescribed by law or ordinance.

SEC. 38. The Assistant City Health Officer.—a) The assistant city
health officer must be a citizen of the Philippines, a resident of the City, of good
moral character and a licensed medical practitioner. He must have acquired
experience in assessment or in any related field for at least three (3) years

immediately preceding the date of his appointment.

63


b) The assistant city health officer shall assist the city health officer and

perform such other duties as the latter may assign to him.

c) The assistant city health officer shall receive such compensation,

emoluments and allowances as may be determined by law.

SEC. 39. The City Civil Registrar. - a) The city civil registrar must be
a citizen of the Philippines, a resident of the City, of good moral character, a
holder of a college degree from a recognized college or university and a first
grade civil service eligible or its equivalent. He must have acquired experience
in civil registry work for at least five (5) years immediately preceding the date of

his appointment.

b) The city civil registrar shall receive such compensation, emoluments

and allowances as may be determined by law.

c) The city civil registrar shall be responsible for the civil registration
program in the City of Manolo Fortich pursuant to the Civil Registry Law, the
Civil Code and other pertinent laws, rules and regulations issued to implement

them.

d) The city civil registrar shall take charge of the office of the city civil

registrar, and shall:


1. Develop plans and strategies and, upon approval thereof by
the city mayor, implement the same, particularly those which have to do
with the management and administration-related programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide for under the Local
Government Code of 1991;

2. In addition to the foregoing duties and functions, the city civil
registrar shall:

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

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

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

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

(vy) Issue certified transcript or copies of any certificate
or registered document upon payment of the required fees to
the treasurer;

(vi) Receive applications for the issuance of a marriage

license and after determining that the requirements and

6S


supporting certificates and publication thereof for the
prescribed period have been complied with, issue the license
upon payment of the authorized fee to the treasurer; and
(vii) Coordinate with the National Statistics Office in
conducting educational campaigns for vital registration and
assist in the preparation of demographic and other statistics
for the City of Manolo Fortich; and
3. Perform such other duties and functions and exercise such
other powers as provided for under the Local Government Code of 1991,

and those that are prescribed by law or ordinance.

SEC, 40. The Assistant City Civil Registrar. - a) The assistant city
civil registrar must be a citizen of the Philippines, a resident of the City, of good
moral character and a holder of a college degree from a recognized college or
university and a first grade civil service eligible or its equivalent. He must have
acquired experience in civil registry work or in any related field for at least
three (3) years immediately preceding the date of his appointment.

b) The assistant city civil registrar shall assist the city civil registrar and

perform such other duties as the latter may assign to him.

c) The assistant city civil registrar shall receive such compensation,

emoluments and allowances as may be determined by law.


SEC. 41, The City Administrator. — a) The city administrator must be
a citizen of the Philippines, a resident of the City, 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 and a first grade
civil service eligible or its equivalent. He must have acquired experience in
management and administrative work for at least five (5) years immediately

preceding the date of his appointment.

b) The term of the city administrator is co-terminus with that of his

appointing authority.

c) The city administrator shall receive such compensation, emoluments

and allowances as may be determined by law.

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

1. Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with the management and administration-related programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide for under the Local
Government Code of 1991;

2. In addition to the foregoing duties and functions, the city

administrator shall assist in the coordination of the work of all the
67


officials of the City under the supervision, direction and control of the
city mayor and, for this purpose, he may convene the chiefs of offices and
other officials of the City;

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

4. Recommend to the sangguniang panlungsod and advise the city
mayor on all matters relative to the management and administration of
the City; and

5. Perform such other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, and

those that are prescribed by law or ordinance.

SEC. 42. The City Legal Officer. — a) The city legal officer must be a
citizen of the Philippines, a resident of the City, of good moral character and a
member of the Philippine Bar. He must have practiced his profession for at
least five (5) years immediately preceding the date of his appointment.

b) The term of the city legal officer shall be co-terminus with that of his

appointing authority.

©) The city legal officer shall receive such compensation, emoluments

and allowances as may be determined by law.


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

1. Formulate measures for the consideration of the sangguniang
panlungsod and provide legal assistance and support to the city mayor in
carrying out the delivery of basic services and 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 programs and projects related to legal services which the city mayor
is empowered to implement and which the sangguniang panlungsod is
empowered to provide for under the Local Government Code of 1991;

3. In addition to the foregoing duties and functions, the city legal
officer shall:

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

(ii) When required by the city mayor or sanggunian,
draft ordinances, contracts, bonds, leases and other

instruments involving any instruments already drawn;

69


(ii) Render his opinion in writing on any question of law

when requested to do so by the city mayor or sanggunian;

(iv) Investigate or cause to be investigated any local
official or employee for administrative neglect or misconduct in

office and recommend the appropriate action to the city mayor

or sanggunian, as the case may be;

(vy) 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

sangguniang panlungsod, as the case may be;

(vi) When directed by the city mayor or sanggunian,
initiate and prosecute, in the interest of the City, any civil

action on any bond, lease or other contract upon any breach

or violation thereof; and

(vii) Review and submit recommendations on ordinances

approved and executive orders issued by component units;

4, Recommend measures to the sangguniang panlungsod and

advise the city mayor on all matters related to upholding the rule of law;

5. Be in the frontline of protecting human rights and prosecuting

any violations thereof, particularly those which occur during and in the

aftermath of man-made and natural disasters or calamities; and

70


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

SEC. 43. The City Social Welfare and Development Officer. - a) The
city social welfare and development officer must be a citizen of the Philippines,
a resident of the City, of good moral character, a duly licensed social worker or
a holder of a college degree preferably in sociology or any other related course
from a recognized college or university and a first grade civil service eligible or
its equivalent, He must have acquired experience in the practice of social work
for at least five (5) years immediately preceding the date of his appointment.

b) The city social welfare and development officer shall receive such

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

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

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

development services;

1


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 for under the Local Government Code of 1991;

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

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

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

(ii) Assist the city mayor in implementing the barangay
level program for the total development and protection of
children up to six (6) years of age;

(iv) Facilitate the implementation of welfare programs for
the differently-abled, elderly and victims of drug addition, the
rehabilitation of prisoners and parolees, the prevention of
juvenile delinquency and such other activities which would

eliminate or minimize the ill-effects of poverty;

2


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

(vi) Coordinate with government agencies and
nongovernmental organizations which have for their purpose

the promotion and protection of all the needy, disadvantaged,

underprivileged or impoverished groups or individuals,

particularly those identified to be vulnerable and high-risk to
exploitation, abuse and neglect;

4. Be in the frontline of the delivery of services particularly those
which have to do with the immediate relief and assistance 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 social welfare and development
services which will improve the livelihood and living conditions of the
inhabitants; and

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

those that are prescribed by law or ordinance.

SEC. 44. The City Veterinarian. — a) The city veterinarian must be a
citizen of the Philippines, a resident of the City, of good moral character and a
licensed doctor of veterinary medicine. He must have practiced his profession

for at least three (3) years immediately preceding the date of his appointment.

B


b) The city veterinarian shall receive such compensation, emoluments

and allowances as may be determined by law.

c) The city veterinarian shall take charge of the office of veterinary
services, and shall:

1. Formulate measures for 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 for under the Local Government Code of 1991;

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

(i) Advise the city mayor on all matters pertaining to the
slaughter of animals for human consumption and the
regulation of slaughterhouses;

(ii) Regulate the keeping of domestic animals;

(iii) Regulate and inspect poultry, milk and dairy

products for public consumption;

a7)


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

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

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

5. Recommend to the sangguniang panlungsod and advise the
city mayor on all matters relative to veterinary services which will
increase the number and improve the quality of livestock, poultry and
other domestic animals used for work or for human consumption; and

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

and those that are prescribed by law or ordinance.

SEC. 45. The City General Services Officer, - a) The city general

services officer must be a citizen of the Philippines, a resident of the City, of

good moral character, a holder of a college degree in public administration,

business administration or management from a recognized college or university

and a first grade civil service eligible or its equivalent, He must have acquired

experience in general services, including management of supply, solid waste

7s


disposal and general sanitation for at least five (5) years immediately preceding

the date of his appointment.

b) The city general services officer shall receive such compensation,

emoluments and allowances as may be determined by law.

c) The city general services officer shall take charge of the 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 and technical support services;

2. Develop plans and strategies and, upon approval thereof by
the city mayor, implement the same, particularly those which have to do
with the general services supportive of the welfare of the inhabitants of
the City which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide for under the Local
Government Code of 1991;

3. In addition to the foregoing duties and functions, the city
general services officer shall:

(i) Take custody of and be accountable for all

properties, real or personal, owned by the City and those

76


granted to it in the form of donation, reparation, assistance
and counterpart of joint projects;

(ii) With the approval of the city mayor, assign building
or land space to local officials or other public officials which,
by law, are entitled to space;

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

{iv) Recommend to the city mayor reasonable rental
rates for private properties which may be leased for the official
use of the City;

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

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

(vii) Perform archival and record management with

respect to records of offices and development of the City; and


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

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

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

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

and those that are prescribed by law or ordinance.

SEC. 46. The City Information Officer. — a) ‘The city information
officer must be a citizen of the Philippines, a resident of the City, of good moral
character, a holder of a college degree preferably in journalism or mass
communications or any related course from a recognized college or university
and a first grade civil service eligible or its equivalent, He must have acquired
experience in writing articles and research papers or writing for print,
television, broadcast and other forms of mass media for at least five (5) years

immediately preceding the date of his appointment.


b) ‘The city information officer shall receive such compensation,

emoluments and allowances as may be determined by law.

) The city information officer shall take charge of the office on public
information, and shall:

iS 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 for under the Local
Government Code of 1991;

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

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

government agencies or offices as may be required by law or


ordinance and nongovernmental organizations to be furnished
to said agencies and organizations; and
(iii) Maintain effective liaison with the various sectors of

the community on matters and issues that affect the livelihood

and the quality of life of the inhabitants and encourage

support for programs of the local and national governments;

4. 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;

5. Recommend to the sangguniang panlungsod and advise the
city mayor on all matters relative to public information and research data
as it relates to the total socioeconomic development of the City; and

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

and those that are prescribed by law or ordinance.

SEC. 47. The City Cooperatives Officer. — a) The city cooperatives
officer must be a citizen of the Philippines, a resident of the City, of good moral
character, a holder of a college degree preferably in business administration
with special training on cooperatives or any related course from a recognized

college or university and a first grade civil service eligible or its equivalent. He

80


must have acquired experience in cooperatives development for at least five (5)
years immediately preceding the date of his appointment.

b) The city cooperatives officer shall receive such compensation,

emoluments and allowances as may be determined by law.

©) 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 the same, particularly those which have to do
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 for under the Local
Government Code of 1991;

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

(i) Assist in the organization of cooperatives;

81


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

{ii) 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;

4. 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;

5. 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

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

and those that are prescribed by law or ordinance.

SEC. 48. The City Population Officer. — a) The city population officer
must be a citizen of the Philippines, a resident of the City, of good moral

character, a holder of a college degree preferably with specialized training in

82


population development from a recognized college or university and a first
grade civil service eligible or its equivalent. He must have acquired experience
in the implementation of programs on population development or responsible
parenthood for at least five (5) years immediately preceding the date of his

appointment.

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

c) 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 the same, particularly those which have to do
with the integration of population development principles and methods in
programs and projects which the city mayor is empowered to implement
and which the sangguniang panlungsod is empowered to provide for
under the Local Government Code of 1991;

83


3. In addition to the foregoing duties and functions, the city
population officer shall:

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

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

(ii) Implement appropriate population training programs

responsive to the cultural heritage of the inhabitants; and

4. Perform such other duties and functions and exercise such
other powers as provided for under the Local Government Code of 1991,

and those that are prescribed by law or ordinance.

SEC. 49. The City Agriculturist.— a) The city agriculturist must be a
citizen of the Philippines, a resident of the City, of good moral character, a
holder of a college degree preferably in agriculture or any other related course
from a recognized college or university and a first grade civil service eligible or
its equivalent. He must have practiced his profession in agriculture or
acquired experience for at least five (5) years preceding the date of his

appointment.


b) The city agriculturist shall receive such compensation, emoluments

and allowances as may be determined by law.

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

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

2. Develop plans and strategies and, upon approval thereof by
the city mayor, implement the same, particularly those which have to do
with agricultural programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide for under the Local Government Code of 1991;

3. In addition to the foregoing duties and functions, the city
agriculturist shall:

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

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

85


appropriate technology arising out of and disseminating

information on basic research on crops, prevention and

control of plant diseases and pests and other agricultural
matters which will maximize productivity;

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

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

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

4. Be in the frontline of the delivery of basic agricultural services,
particularly those needed for the survival of the inhabitants during and
in the 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 living conditions of the inhabitants;
and

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


SEC. 50, 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 good moral character, a holder of a college
degree preferably in environment, forestry, agriculture or any other related
course from a recognized college or university and a first grade civil service
cligible or its equivalent. He must have acquired experience in environment
and natural resources management, conservation and utilization work for at

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

b) The city environment and natural resources officer shall receive

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

©) The city environment and natural resources officer shall take charge
of the office of the environment and natural resources, and shall:

1, Formulate measures for the consideration of the sangguniang
panlungsod and 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;

2. Develop plans and strategies and, upon approval thereof by

the city mayor, implement the same, particularly those which have to do

87


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 for under the Local
Government Code of 1991;

3. In addition to the foregoing duties and functions, the city
environment and natural resources officer shall:

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

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

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

(iv) Promote the small-scale mining and utilization of
mineral resources, particularly the mining of gold; and

(v) 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;


4. Be in the frontline of the delivery of services concerning the
environment and natural resources, particularly in the renewal and
rehabilitation of the environment during and in the aftermath of man-
made and natural disasters or calamities;

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

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

SEC. 51. The City Tourism Officer. - a) The city tourism officer must
be a citizen of the Philippines, a resident of the City, of good moral character, a
holder of a college degree preferably with specialized training in tourism
development from a recognized college or university and a first grade civil
service eligible or its equivalent. He must have acquired experience in the
implementation of programs on tourism development for at least five (5) years

immediately preceding the date of his appointment.

b) The city tourism officer shall receive such compensation,

emoluments and allowances as may be determined by law.

89


c) The city tourism officer shall take charge of the city tourism office

and shall assist the city mayor and the local tourism council in developing and

implementing programs, and shall:

1. Encourage the local government unit to enact local legislation
adopting the Department of Tourism (DOT) accreditation standards for
tourism facilities and services;

2. Ensure a pleasant experience and stay of tourists while at the
same time protecting the interests, welfare and rights of the City;

3. Develop tourist products and destinations that will benefit the
City and its local community;

4 Pursue the implementation of the national tourism master
plans, the national ecotourism strategy and the area specific plans of the
national and local government units;

5. Support the local government unit in promoting festivals, fiestas
and other tourism-related activities; and

6. Perform such other duties and functions and exercise such other
Powers as provided for under the Local Government Code of 1991, and

those that are prescribed by law or ordinance.

SEC. 52. The City Human Resource Development Officer. - a) The

city human resource development officer must be a citizen of the Philippines, a

resident of the City, of good moral character, a holder of a college degree

preferably in psychology or any related course from a recognized college or

90


university and a first grade civil service eligible or its equivalent. He must have
acquired experience in personnel administration for at least five (5) years
immediately preceding the date of his appointment.

b) The city human resource development officer shall receive such

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

c) The city human resource development officer shall take charge of the
human resource development office, and shall:

1. Develop a human resource management program for approval
by the city mayor and the sangguniang panlungsod;

2. Assist the city mayor in implementing the city's policies and
programs relative to recruitment and selection, appointments, training,
promotion, compensation and other personnel actions involving officials
and employees of the City;

3. Recommend to the sangguniang panlungsod and advise the
city mayor on all matters relative to human resource management and
development;

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

5. Conduct a continuing organizational development of the City,
with the end in view of instituting effective administrative reforms; and

1


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

ARTICLE VIL
The City Fire Station Service, The City Jail
Service, The City Schools Division And
The City Prosecution Service
SEC. 53. 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.

b) The city fire station service shall be headed by a city fire marshal
whose qualifications shall be as those provided for under the Philippine

National Police Law.

c} The city fire station shall be responsible for the provision of various
emergency services such as the rescue and evacuation of injured people at fire-
related incidents and, in general, fire prevention and suppression measures to

secure the safety of life and property of the citizenry.

2


SEC. 54. The City Jail Service. - a) There shall be established and
maintained in the City a secured, clean and adequately equipped jail for the
custody and safekeeping of prisoners, any fugitive from justice, or person
detained awaiting investigation or trial or transfer to the national penitentiary,
or the violent mentally ill person who endangers himself or the safety of others,
duly certified as such by the proper medical health officer, pending the transfer

to a mental institution.

b) The city jail service shall be headed by a city jail warden who must be
a holder of a Bachelor’s degree in psychology, psychiatry, sociology, nursing,
social work or criminology, and possess all the necessary qualifications
required by the Bureau of Jail Management and Penology. The city jail warden
shall assist in the immediate rehabilitation of individuals or detention of
prisoners. Great care must be exercised so that the human rights of these
prisoners are respected and protected, and their spiritual and physical well-
being is properly and promptly attended to. Likewise, the City shall ensure
that proper separate detention centers for juveniles and women are provided

for.

SEC. 55, The City Schools Division. -— a) The Department of Education
shall establish and maintain a city schools division of the City of Manolo
Fortich whose area of jurisdiction will cover all the school districts within the
City.

93


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

SEC. 56. The City Prosecution Service. — a) There shall be established
in the City a 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 assure the adequacy and
quality of prosecution service in the City and for this purpose shall, in the
absence or lack or insufficiency in number of assistant city prosecutors as
Provided hereinabove, designate from among the assistant provincial

94


Prosecutors a sufficient number to perform and discharge the functions of the

city prosecution service as provided hereinabove.

ARTICLE IX
‘TRANSITORY AND FINAL PROVISIONS

SEC. 57. Municipal Ordinances Existing at the Time of the
Approval of This Act. - All municipal ordinances of the Municipality of
Manolo Fortich existing at the time of the approval of this Act shall continue to
be in force and effect within the City of Manolo Fortich until the sangguniang

panlungsod shall provide otherwise.

SEC. 58. Plebiscite. - The City of Manolo Fortich 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 Manolo Fortich within thirty (30) days from the approval of this
Act. The expenses for such plebiscite shall be borne by the Municipality of
Manolo Fortich. The Commission on Elections shall conduct and supervise

such plebiscite.

SEC. 59, Officials of the City of Manolo Fortich. ~ The present
elective officials of the Municipality of Manolo Fortich 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.
9S


The appointive officials and employees of the municipality shall likewise
continue exercising their functions and duties and they shall automatically be

absorbed by the city government of Manolo Fortich.

SEC. 60. Succession Clause. - The City of Manolo Fortich shall succeed
to all the assets, properties, liabilities and obligations of the Municipality of

Manolo Fortich.

SEC. 61. Election of Provincial Governor and Sangguniang
Panlalawigan Members of the Province of Bukidnon. — ‘The qualified voters
of the City of Manolo Fortich shall be qualified to vote and run for any elective
Position in the elections for provincial governor, provincial vice governor,
Sangguniang panlalawigan members and other elective offices for the Province
of Bukidnon.

SEC. 62. Jurisdiction of the Province of Bukidnon. — The City of
Manolo Fortich shall, unless otherwise provided by law, continue to be under

the jurisdiction of the Province of Bukidnon.

SEC. 63. Suspension of Increase tn Rates of Local Taxes. — No
increase in the rates of local taxes shall be imposed by the City within the

Period of five (5) years from its acquisition of corporate existence.


SEC. 64. Applicability of Laws. — The provisions of Republic Act No
7160, otherwise known as the Local Government Code of 1991, and such laws
88 are applicable to component cities shall govern the City of Manolo Fortich

insofar as they are not inconsistent with the provisions of this Act,

SEC. 65. Reservation. — Nothing herein contained shall preclude the
determination by the appropriate agency or forum of any boundary dispute or
case involving question of territorial jurisdiction between the City of Manolo
Fortich and any of the adjoining local government units even after the
effectivity of this Act.

SEC. 66. Separabitity Clause. ~ If, for any reason, any part or
Provision of this Act is declared invalid or unconstitutional, the remaining
Parts or provisions not affected thereby shall remain in full force and effect.

SEC. 67. Repealing Clause. ~ All laws, decrees, rules and regulations
°r parts thereof inconsistent with the provisions of this Act are hereby
repealed, or modified accordingly.

SEC. 68. Rffecttotty. This Act shall take effect fifteen (15) days after
Publication in the Official Gazette or in a newspaper of general circulation,

Approved,