45

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGTHEENTH CONGRESS,
First Regular Session

5031

HOUSE BILL NO.

Introduced by Representative VINCENT FRANCO D. FRASCO

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Liloan in the Province of Cebu into a
component city.

The Municipality of Liloan is a first-class municipality consisting of fourteen (14)
barangays with a total land area of 52.1 square kilometers; 4% of which is appropriately intended
for combined residential, industrial, commercial and urban development purposes while 13.97%
is devoted to specialized agricultural use and tourism.

Aside from its pristine coastline, Liloan is the site of one of the best landmarks in the
Province of Cebu, the historic lighthouse officially called the Bagacay Point Light dating back to
the Spanish colonial times as well as other scenic and historical tourist destinations.

As a tourism destination of choice and its proximity to major air, land and water transport
facilities, Liloan is highly accessible from all major urban and trading areas within a 100-kilometer
radius and makes it attractive to local, domestic and international venture capitalists and investors
as well as migrant families seeking new opportunities for themselves.

In the Province of Cebu, Liloan is one of the ten (10) most populous local government units
with a very high population density for every square kilometer.

Liloan is part of Metropolitan Cebu and as of 2015, home to 118,753 residents with a
recorded annual growth rate of 3.63% as published in the 2015 Official Census of Population and
Households by the Philippine Statistics Authority. Recent data and growth rates would show that
the projected population of Liloan is at 140,245 for 2018; 147,830 for 2019; 155,838 for 2020;
164,244 for 2021 and 171,128 for 2022

Page 1of 56


With the rapid urbanization of the area in and around Liloan, major infrastructure programs
for connectivity are being undertaken, such as the (1) Asturias-Danao-Liloan Bypass and
Diversion Road at a cost of 2 billion pesos; (2) the 73-kilometer Metro Cebu Expressway at a cost
of 28.1 billion pesos; and (3) the Pier 88 Port Development Project in Liloan at 1.5 billion pesos.

Most notable among the developments happening around Liloan is the construction of the
new Cebu International Container Port estimated at 10.1 billion pesos on a 25-hectare reclaimed
land in the adjacent town of Consolacion to be completed by 2022

Undoubtedly, the municipality has also benefited and shall continue to benefit from the
expansion and urbanization of the province of Cebu, which is acknowledged by the Board of
Investments as one of the most favored investment areas in the Philippines. This benefit can be
attributed to the unprecedented development of adjacent local government units and the huge
influx of businesses and people in Cebu. Recently, Liloan received distinguished awards as the
Top Model Municipality in the Philippines 2019, and Model Municipality in Education, Care for
the Elderly, Revenue Generation and Business Friendliness by the Manila Times.

The conversion of Liloan from a municipality to a component city cannot anymore be
delayed because such conversion will greatly boost the capacity of the local government unit to
address and to respond to the increasing needs and demands of its constituents, investors and other
visitors amid ever changing economic and political landscapes.

Cityhood will undoubtedly open the floodgates of a multitude of economic opportunities
for the people of Liloan, which will ultimately redound to the improvement of the delivery of
services, but most of all, to the betterment of the quality of life of the people of Liloan and those
living in its neighboring communities.

In view of the foregoing, approval of this bill is strongly recommended.

VINCENT FRANCO D. FRASCO

Page 2 of 56


eVousune

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGTHEENTH CONGRESS
First Regular Session

5031
HOUSE BILL NO.

~~ Introduced by Rep. Vincent Franco D. Frasco

AN ACT
CONVERTING THE MUNICIPALITY OF LILOAN IN THE PROVINCE OF CEBU
INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF LILOAN

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

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. - This Act shall be known as the "Charter of the City of Liloan".

Section 2. The City of Liloan. - The Municipality of Liloan shall be converted into a
component city to be known as the City of Liloan, hereinafter referred to as the City, which shall
comprise the present territory of the Municipality of Liloan, Province of Cebu. The territorial
jurisdiction of the City shall be within the present metes and bounds of the Municipality of Liloan.

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

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

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

(b) To sue and be sued;

Page 3 of 56


COVauRYNH

10

12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

41
42
43

45
46

(©) Tohave and use a corporate seal;
(@) To acquire, hold and convey real or personal property;
(e) To enter into any contract and/or agreement; and

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

Section 4. General Powers. The City shall have a common seal and may alter its existing
corporate seal: Provided, That any change of corporate seal shall be registered with the Department
of the Interior and Local Government (DILG). It shall exercise the powers to levy taxes; to close
and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and
dispose of real and personal property for the general interests of the City; to expropriate or
condemn private property for public use; to contract and be contracted with; to sue and be sued; to
prosecute and defend to final judgment and execution suits wherein the City is involved or
interested in; and to exercise all the powers as are granted to corporations or as hereinafter
conferred.

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

Section 6. Jurisdiction of the City. - The jurisdiction of the City of Liloan, for police
purposes only, shall be coextensive with its territorial jurisdiction and shall extend to 3 miles from
the shores of the city, and for the purpose of protecting and ensuring the purity of the water supply
of the City, such police jurisdiction shall also extend over all the territory within the drainage area
of such water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal,
aqueduct or pumping station used in connection with the city water service.

The city court of the City of Liloan shall have concurrent jurisdiction with the city or
municipal court of the adjoining municipalities or cities, to try crimes and misdemeanors
committed within said drainage area or within said spaces of one hundred meters (100 m.).

The court first taking cognizance of such an offense shall have jurisdiction to try said cases
to the exclusion of others. The police force of several municipalities and cities concerned shall
have concurrent jurisdiction with the police of the City for the maintenance of good order and the
enforcement of ordinances throughout said zone, area or spaces. But any license that may be issued
within said zone, area or spaces shall be granted by the proper authorities of the city or municipality
concerned, and the fees arising therefrom shall accrue to the treasury of the said city or
municipality concerned and not to the city.

ARTICLE I
CITY OFFICIALS IN GENERAL

Section 7. The Officials of the City of Liloan. -

Page 4 of 56


(a)

(b)

(©

(d)

()

There shall be in the City of Liloan: a City Mayor, a City Vice Mayor, Sangguniang
Panlungsod Members, a Secretary to the Sangguniang Panlungsod, a City Treasurer
and an Assistant City Treasurer, a City Assessor and an Assistant City Assessor, a
City Accountant, a City Budget Officer, a City Planning and Development Officer,
a City Engineer, a City Health Officer, a City Civil Registrar, a City Administrator,
a City Legal Officer, a City Social Welfare and Development Officer, a City
Veterinarian, a City Cooperatives Officer, a City Building Officer, a City General
Services Officer and a Human Resource Management and Development Officer.

In addition thereto, the city mayor may appoint a City Environment and Natural
Resources Officer, a City Architect, a City Information Officer, a City Population
Officer and a City Agriculturist.

There shall be established in the City, a city fire station to be headed by a City Fire
Marshal, a city jail to be headed by a City Jail Warden, a city schools division to be
headed by a City Schools Division Superintendent and a City Prosecution Service
to be headed by a City Prosecutor

The Sangguniang Panlungsod of the City of Liloan 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; or

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

Unless otherwise provided herein, heads of departments and offices shall be
appointed by the city mayor with the concurrence of the majority of all the members
of the sangguniang panlungsod, subject to civil service law, rules and regulations.
‘The sangguniang panlungsod shall act on the appointment within fifteen (15) days
from the day of its submission, otherwise the same shall be deemed confirmed.

ARTICLE II
THE CITY MAYOR AN D CITY VICE MAYOR

Section 8. The City Mayor. -

(a)

The city mayor shall be the chief executive of the City. He shall be elected at large
by the qualified voters of the City. No person shall be eligible for the position of
city mayor unless at the time of the election, he is at least twenty-one (21) years of
age, an actual resident of the City for at least one (1) year prior to his election, and
a qualified voter therein. He shall hold office for three years, unless sooner

Page 5 of S6


wavausune

10

12
13
14
1s
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46

(b)

removed, and shall receive a minimum monthly compensation corresponding to
Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, otherwise
known as the Salary Standardization Law, and the implementing guidelines issued
pursuant thereto, The city mayor, as the chief executive of the city government,
shall exercise such powers and perform such duties and functions as provided
herein.

For efficient, effective and economical governance, the purpose of which is the
general welfare of the City and its inhabitants, the city mayor shall:

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

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

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

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

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

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

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

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

Page 6 of 56


(viii)

(ix)

&)

(xi)

(xii)

(xiii)

(xiv)

(xv)

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

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

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

Examine the books, records and other documents of all offices,
officials, agents or employees of the City and, in aid of his 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;

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

Visit component barangays of the City at least once every six (6)
months to deepen his understanding of problems and conditions,
listen and give appropriate counsel to local officials and inhabitants
of general laws and ordinances which especially concern them, and
otherwise conduct visits and inspections to ensure that. the
governance of the City will improve the quality of life of the
inhabitants,

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

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

Page 7 of 56


Q)

(xvi)

(xvii)

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

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

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

(xix)

(xx)

notwithstanding;

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 Commission on Higher Education (CHED)
or the Philippine Sports Commission; and

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

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

@

Gi)

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

Call conventions, conferences, seminars or 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

Page 8 of 56


@)

place and on such subject as he may deem important for the
promotion of the general welfare of the local government unit and
its inhabitants;

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

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

(v) Act as the deputized representative of the National Police
Commission, formulate the peace and order plan of the City and
upon its approval, implement the same; and as such exercise the
general and operational control and supervision over the 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.

Initiate and maximize the generation of resources, and revenues, and apply
the same to the implementation of development plans, program objectives
and priorities, particularly those resources and revenues programmed for
agro-industrial development and countryside growth and progress, and
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 budget preparation process enshrined under
Republic Act No. 7160, otherwise known as the Local Government
Code of 1991;

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

(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
settlement of obligations of the City, in accordance with law or
ordinance;

Page 9 of 56


(4)

()

(iv)

(vy)

(vi)

(vii)

(viii)

(ix)

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;

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

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

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

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

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

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

@

(i)

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

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

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

Page 10 of 56


(0)

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

Section 9. The City Vice Mayor. - 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 years, unless sooner removed, and
shall receive a monthly compensation corresponding to Salary Grade Twenty-six (26) as
prescribed under the Salary Standardization Law and the implementing guidelines issued pursuant
thereto. The city vice mayor shall

@

(b)

©

(d)

©

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;

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

Assume the office of the city mayor for the unexpired term of the latter in the event
of permanent vacaney as provided for under the Local Government Code of 1991,
as amended;

Exercise the powers and perform the duties and functions of the city mayor in case
of temporary vacancy as provided for under the Local Government Code of 1991,
as amended; and

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 IV
THE SANGGUNIANG PANLUNGSOD:

Section 10. The Sangguniang Panlungsod, -

(a)

The sangguniang panlungsod, the legislative body of the City, shall be composed
of the city vice mayor as the presiding officer, the ten (10) regular sanggunian
member, the president of the city chapter of the liga ng mga barangay, the president
of the panlungsod na pederasyon ng mga sangguniang kabataan ang the three (3)
sectoral representatives, as members, who shall come from the following sectors:
one (1) from the women sector; and, as shall be determined by the sangguniang
panlungsod within ninety (90) days prior to the holding of the local elections, one
(1) from the agricultural or industrial workers sector; and one (1) from the other
sectors, including urban poor, indigenous cultural communities or disabled persons.

Page 11 of 56


(b)

(©)

‘The regular members of the sangguniang panlungsod and sectoral representatives
shall be elected in the manner as may be provided by law.

‘The members of the sangguniang panlungsod of the City of Liloan shall receive a
minimum monthly compensation corresponding to Salary Grade Twenty-five (25)
as prescribed under the Salary Standardization Law and the implementing
guidelines issued pursuant thereto

Section 11. Powers, Duties, Functions and Compensation. -

(a)

The sangguniang panlungsod, as the legislative body of the City, shall enact
ordinances, approve resolutions and appropriate funds for the general welfare of
the City and its inhabitants pursuant to Section 16 of the Local Government Code
and in the proper exercise of the corporate powers of the City as provided for under
Section 22 of the Local Government Code of 1991, and shall:

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

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

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

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

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

(v) Enact ordinances intended to prevent, suppress and impose
appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, the 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

Page 12 of 56


(wi)

(vii)

(viii)

(ix)

(x)

i)

(xii)

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

Protect the environment. To this end, it may set aside at least ten
percent (10%) of its development funds for the purpose of
maintaining and enhancing ecological balance of the City. It may
also impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of
destructive fishing, illegal logging, smuggling of logs, smuggling of
natural resources products and of endangered species of flora and
fauna, slash-and-burn farming and such other activities which result
in pollution, acceleration of eutrophication of rivers and lakes or of
ecological imbalance;

Subject to the provision of the Local Government Code and
pertinent laws, determine the powers and duties of officials and
employees of the City;

Consistent with the Salary Standardization Law, 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;

‘Authorize the payment of compensation to a qualified person not in
the government service who fills up a temporary vacancy in a
concurrent capacity at the rate authorized by law;

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

When the finances of the city goverment 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;

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

Page 13 of 56


Q)

(xiii)

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

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,
when the finances of the city government allow said coverage

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

@

(ii)

(iii)

(iv)

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,

Subject to the provisions of Book II of the Local Government Code
and the 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 exemption, incentive or relief,

Subject to the provisions of Book II of the Local Government Code
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;

Subject to the provisions of Book II of the Local Government Code
and applicable laws, and upon the majority vote of all the members
of the sangguniang panlungsod, enact ordinances authorizing the
floating of bonds or other instruments of indebtedness, for the
purpose of raising funds to finance development projects. The
authorization to float bonds and 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;

Page 14 of 56


(vy)

wi)

(vii)

(viii)

(ix)

&)

(xi)

(xii)

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;

Prescribe reasonable limits and restraints on the use of property
within the jurisdiction of the City; to undertake and carry out the
reclamation of submerged land from the sea adjoining the city limits
at the expense of the city, the area thus reclaimed to belong
exclusively to the city, or to cause to be undertaken by private
contractors such reclamation work on terms and conditions
approved by the City Council and the City Mayor,

‘Adopt a comprehensive land-use plan for the City and that the
formulation, adoption or modification of said plan shall be in
coordination within the approved provincial comprehensive land-
use plan;

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

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

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

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

Grant loans or provide grants to other local government units or to
national, provincial and city charitable, benevolent or educational

Page 15 of 56


@)

(xiii)

(xiv)

institutions: Provided. That said institutions are operated and
maintained within the City;

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

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

Subject to the provisions of Book II 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:

@

(ii)

(iii)

(iv)

(vy)

(vi)

(vii)

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

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;

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

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;

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

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

Upon approval by a majority vote of all the members of the
sangguniang panlungsod, grant a franchise to any person,
partnership, corporation or cooperative to do business within the
City; establish, construct, operate and maintain ferries, wharves,

Page 16 of 56


(4)

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

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:
@
(ii)

(iii)

(iv)

(vi)

ai

(viii)

Declare, prevent or abate any nuisance;

With the concurrence of a majority of the members of the
sangguniang panlungsod, a quorum being present, deny the entry of
legalized gambling by ordinance into any part of the City or regulate
its location in the City;

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

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

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

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

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;

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

Page 17 of 56


()

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

(ix) 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; and

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

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

(i) Provide for the establishment, maintenance, protection and
conservation of tree parks and greenbelts;

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

(iii) Authorize the establishment, maintenance and operation by the city
government of ferries, wharves, and/or other structures intended to
accelerate productivity related to marine life in the preservation
thereof;

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

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

Page 18 of 56


(vi)

(vii)

(viii)

(ix)

(x)

(xi)

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

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

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;

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

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

Establish a scholarship fund for the poor but deserving students in

schools located within its jurisdiction or for students residing within
the City;

Page 19 of 56


6)

(xii)

(xiii)

(xiv)

(xv)

(xvi)

(xvii)

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

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

Provide for the care of persons with disabilities (PWD), paupers, the
aged, the sick, persons of unsound mind, abandoned minors,
juvenile delinquents, drug dependents, abused children and other
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;

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

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

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

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 V
PROCESS OF LEGISLATION

Section 12. Internal Rules of Procedure. -

(a)

(b)

On the first regular session, following the election of its members and within ninety
(90) days thereafter, the sangguniang panlungsod shall adopt or update its existing
rules of procedure

The rules of procedure shall provide for the following:

Page 20 of 56


10)

Q)
@)
(o)

(6)

©)

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

The order and calendar of business for each session;
The legislative process;

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

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

Such other rules as the sanggunian may adopt

Section 13. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod

Members. -

@

Every sangguniang panlungsod member shall, upon assumption to office, make a
full disclosure of his business and financial interests. He shall also disclose any
business, financial, 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:

10)

Q)

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

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

Page 21 of 56


wCervansune

(b)

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

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 herein,

Section 14. Sessions. -

(a)

(b)

(©)

@

(©)

On the first day of the session immediately following the election of its members,
the sangguniang panlungsod shall, by resolution, fix the day, time and place of its
sessions. The minimum number of regular sessions shall be once a week for the
sangguniang panlungsod

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 sessions, regular or special, may be held in a single day

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

The sangguniang panlungsod shall keep a journal and record of Its proceedings,
which may be published upon resolution of the majority of its members.

Section 15. Quorum. -

Page 22 of 56


(a)

(b)

©

A majority of all the members of the sanggunian who have been elected and
qualified shall constitute a quorum to transact official business. Should a question
of quorum be raised during a session, the presiding officer shall immediately
proceed to call the roll of the members and thereafter announce the results.

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

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

Section 16. Approval of Ordinances. -

@

(b)

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.

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

Section 17. Veto Power of the City Mayor. -

@

(b)

The city mayor may veto any ordinance of the sangguniang panlungsod on the
ground that itis ultra vires or prejudicial to the public welfare, stating his reasons
thereof in writing.

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

Page 23 of 56


©)

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

Section 18. Review of City Ordinances by the Sangguniang Panlalawigan. -

(a)

(b)

©

@)

Within three (3) days after approval the secretary to the sangguniang panlungsod
shall forward to the sangguniang panlalawigan for review, copies of approved
ordinances and the resolutions approving the local development plans and public
investment programs formulated by the local development councils.

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 the receipt of the documents, inform the sangguniang pantalawigan in
writing of his comments or recommendations, which may be considered by the
sangguniang panlalawigan in making its decision

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

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.

Section 19. Review of Barangay Ordinances by the Sangguniang Panlungsod. -

(a)

(b)

(©)

Within ten (10) days after its enactment the sangguniang barangay shall furnish
copies of all barangay ordinances to the sangguniang panlungsod for review as to
whether the ordinance is consistent with law and city ordinances.

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

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

Page 24 of 56


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

Section 21. Effectivity of Ordinances or Resolutions. -

(a)

(b)

©

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

The secretary to the sangguniang panlungsod shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the city hall and in
at least two conspicuous places not later than five days after approval thereof. The
text of the ordinance or resolution shall be disseminated and posted in Filipino or
English and in the dialect or native language used by the majority of the city
residents and the secretary of the sangguniang panlungsod shall record such fact in
a book kept for the purpose, stating the dates of approval and posting

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

ARTICLE VI
SUCCESSION FOR ELECTIVE CITY OFFICIALS

Section 22. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor.

@

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. If permanent vacancies occur in both the offices
of the city mayor and the city vice mayor, the first and second highest ranking
sangguniang panlungsod members, or in case of permanent incapacity of one or
both of them, the next highest ranking sangguniang panlungsod member or
members, shall become the city mayor and the city vice mayor, respectively.
Subsequent vacancies in the said offices shall be filled in automatically by the other
sanggunian members according to their ranking as defined herein.

Page 25 of 56


(b)

©

@)

(©)

A tie between or among the highest ranking sangguniang panlungsod members
shall be resolved by drawing of lots.

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

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

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

Section 23. Permanent Vacancies in the Sangguniang Panlungsod.- Permanent vacancies
in the sangguniang panlungsod where automatic succession as provided above does not apply shall
be filled by appointments in the following manner:

(a)
(b)

©

(@)

The governor shall make the aforesaid appointments;

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

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 the vacancy; and

In case of vacancy in the representation of the youth and the barangay in the
sangguniang panlungsod, said vacancy shall be filied automatically by the official
nextein-rank of the organization concemed.

Section 24. Temporary Vacancy in the Office of the City Mayor. -

(a)

‘When the city mayor is temporarily incapacitated to perform his duties for physical
or legal reasons such as, but not limited to, leave of absence, travel abroad and
suspension from office, the city vice mayor or the highest ranking sangguniang
panlungsod member shall automatically exercise the powers and perform the duties

Page 26 of 56


(b)

©

(d)

©

and functions of the city mayor, except the power to appoint, suspend or dismiss
employees which can only be exercised if the period of temporary incapacity
exceeds thirty (30) working days

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

When the city mayor is traveling within the country but outside territorial
jurisdiction for a period not exceeding three 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.

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

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

ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY

Section 25. The Secretary to the Sangguniang Panlungsod. -

(a)

(b)

©

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.

No person shall be appointed secretary to the sangguniang panlungsod unless he is
acitizen of the Philippines, a resident of the City of Liloan, of good moral character,
a holder of a college degree preferably in law, commerce or public administration
from a recognized college or university, and a first grade civil service eligible or its
equivalent.

The secretary to the sangguniang panlungsod shall take charge of the office of the
sangguniang panlungsod, and shall:

(1) Attend meetings of the sangguniang panlungsod and keep a journal of its
proceedings,

Page 27 of 56


(2)

@)

(4)

()

(6)

)

(8)

~)

(10)

ay

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

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

Forward to the Department of Budget and Management (DBM) copies of
the appropriation ordinances passed by the sangguniang panlungsod as
provided for under Section 326, Book I of the Local Government Code;

Forward to the sangguniang panlalawigan copies of duly approved
ordinances in the manner provided in Sections 56 and 57 under Book I of
the Local Government Code of 1991;

Furnish, upon the 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;

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,

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

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

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

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

Section 26. The City Treasurer. -

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

Page 28 of 56


)

©

@

©)

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,
aresident of the City of Liloan, 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.

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

The city treasurer shall take charge of the city finance department, and shall:

(1) Advise the city mayor, the sangguniang panlungsod and other local
government and national concemed 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 such other
funds, the custody of which may be entrusted to him by law or other
competent authority;

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

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

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

Section 27. The Assistant City Treasurer. -

(a)

)

The assistant city treasurer shall be appointed by the Secretary of Finance from a
list of at least three ranking eligible recommendees of the city mayor, subject to
civil service law, rules and regulations.

No person shall be appointed assistant city treasurer unless he is a citizen of the
Philippines, a resident of the City of Liloan, 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

Page 29 of 56


©

)

equivalent, He must have acquired at least five years experience in treasury or
accounting.

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

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.

Section 28. The City Assessor. -

@)

(b)

()

‘The city assessor must be a citizen of the Philippines, a resident of the City of
Liloan, of good moral character, a holder of a college degree preferably in civil or
mechanical engineering, commerce or any other related course from a recognized
college or university, and a first grade civil service eligible or its equivalent. He
must have acquired experience in real property assessment work or in any related
field for at least five years immediately preceding the date of his appointment.

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

The city assessor shall take charge of the city assessment department, and shall

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

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

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

(4) __ Install and maintain a real property identification and accounting systems;

(5) Prepare, install and maintain a system of tax mapping, showing graphically
all properties subject to assessment and gather all data concerning the same;

(6) Conduct frequent physical surveys to verify and determine whether all real
properties within the City are properly listed in the assessment rolls;

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

Page 30 of 56


warvauswne

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

41
42
43

45
46

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

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

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

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

Section 29. The Assistant City Assessor. -

(a)

(b)

©

The assistant city assessor must be a citizen of the Philippines, a resident of the City
of Liloan, 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
years immediately preceding the date of his appointment,

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 the authority to administer
oaths and all declarations of all real property for purposes of assessment.

Section 30. The City Accountant. -

(a)

(b)

©

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

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:

Page 31 of 56


a
Q)

G)

@)

(5)

(6)

12)

(8)
(9)

(10)

a

(12)

(13)

Install and maintain an internal audit system in the City;

Prepare and submit financial statements to the city mayor and to the
sangguniang panlungsod;

Apprise the sangguniang panlungsod and other officials on the financial
condition and operations of the City;

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

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

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

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

Post individual disbursements to the subsidiary ledger and index cards;

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

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

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

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

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

Section 31. The City Budget Officer. -

@

The city budget officer must be a citizen of the Philippines, a resident of the City
of Liloan, 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

Page 32 of 56


(b)

equivalent. He must have acquired experience in government budgeting or in any
related field for at least five years immediately preceding the date of his
appointment,

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

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

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

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

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

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

(6) Coordinate with the city treasurer, the city accountant and the city planning
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 development officer In the formulation of
the development plan of the City; and

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

Section 32. The City Planning and Development Officer. -

(a)

(b)

The city planning and development officer must be a citizen of the Philippines, a
resident of the City of Liloan, 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.

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

Page 33 of 56


(©) The city planning development officer shall take charge of the city planning and
development coordinating office, and shall:

(a)

Q)

@)

(4)

(5)

©)

”

(8)

(9%)

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

Conduct continuing studies, researches and training programs necessary to
evolve plans and programs for Implementation;

Integrate and coordinate all sectoral plans and studies undertaken by the
different functional groups or agencies,

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

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

Analyze the Income and expenditure pattems and formulate and
recommend fiscal plans and policies for consideration of the finance
committee of the sangguniang panlungsod;

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

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

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

Section 33. The City Engineer. -

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

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

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

Page 34 of 56


(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 investigation and
survey, engineering designs, feasibility studies and project management,
and

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

Section 34, The City Health Officer. -

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

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

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

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

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

Page 35 of 56


G)

@)

(6)

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;

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

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

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

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

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

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

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

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

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

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

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

Page 36 of 56


Section 35. The City Civil Registrar. -

(a)

(b)

©

(d)

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

The city civil registrar shall receive such compensation, emoluments and
allowances as may be determined by law.

‘The city civil registrar shall be responsible for the civil registration program in the
City of Liloan pursuant to the Civil Registry Law, the Civil Code and other
pertinent laws, rules and regulations issued to implement them.

The city civil registrar shall take charge of the office of the city civil registry, and
shall:

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

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

@ Accept all registrable documents and judicial decrees affecting the
civil status of persons;

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

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

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

(v) Issue certified transcripts or copies of any certificate or registered
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 supporting certificates and
publication thereof for the prescribed period have been complied

Page 37 of 56


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
Liloan,

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

Section 36. The City Administrator. -

(a)

(b)

©

(d)

The city administrator must be a citizen of the Philippines, a resident of the City of
Liloan, of good moral character, a holder of a college degree preferably in public
administration, law 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 management and administrative work for at least five years
immediately preceding the date of his appointment.

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

The city administrator shall receive such compensation, emoluments and
allowances as may be determined by law.

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

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

(2) In addition to the foregoing duties and functions, the city administrator
shall

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

(ii) Establish and maintain a sound personnel program for the City

designed to promote career development and uphold the merit
principle in the local government service; and

Page 38 of 56


(iii) | Conduct a continuing organizational development of the City with
the end in view of instituting effective administrative reforms.

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

(4) Recommend to the sangguniang 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, and those that are
prescribed by law or ordinance.

Section 37. The Human Resource Management and Development Officer. -

(a) The Human Resource Management and Development Officer must be a citizen of
the Philippines, a resident of Liloan, Cebu, of good moral character, a holder of a
college degree preferably in psychology, public administration or law, obtained
from a recognized college or university, and a first grade civil service eligible or its
equivalent. The appointee must have acquired experience in human resource
management or organizational development for at least five (5) years.

(b) The human resource management and development officer shall receive such
compensation, emoluments and allowances as may be determined by law.

(©) The human resource management and development officer shall take charge of the
Human Resources Management and Development Office, and shall perform the
following powers and duties:

(1) Formulate, for approval by the city mayor a human resource management
and development plan that will enhance personne! management processes
with emphasis in the areas of recruitment and selection, career development,
performance management, welfare, rewards and incentives for service
excellence;

(2) Institutionalize a central record of personnel documents such as
appointments, personal data sheets, service records, statement of asets and
liabilities, leave credits, and other personnel records;

(3) Conduct continuing human resource development programs, and other

capacity building interventions to enhance the competency of officials and
employees;

Page 39 of 56


(4)

@)

©)

12)

(8)

Monitor and evaluate the implementation of performance management
systems in accordance with the civil service rules and regulations;

‘Advise the city mayor and the sanggunian on matters pertaining to the civil
service rules and regulations on appointments and leave benefits of
employees,

Ensure that the Civil Service Law; and its implementing rules and
regulations on personnel matters are properly executed;

Establish linkages / partnerships with human resource organizations and
other local government units; and

Exercise such other powers and duties as may be prescribed by law or
ordinance.

Section 38. The City Legal Officer. -

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

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

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

qa

Q)

@)

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;

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

In addition to the foregoing duties and functions, the city legal officer shall:
(i) Represent the City of Liloan in all civil actions and special
proceedings wherein the City or any of its official, in his official
capacity, is a party: Provided, That in actions or proceedings where
the City is a party adverse to the provincial government or to another

Page 40 of 56


ii)

(iii)

(iv)

1)

(vi)

(vii)

component city or municipality, a special legal officer may be
employed to represent the adverse party;

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

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

Investigate or cause to be investigated any city official or employee
for administrative neglect or misconduct in office, and recommend
appropriate action to the city mayor or sangguniang panlungsod, as
the case may be;

Investigate or cause to be investigated any person, firm or
corporation holding any franchise or exercising any public privilege
for failure to comply with any term or condition in the grant of such
franchise or privilege, and recommend appropriate action to the city
mayor or sangguniang panlungsod, as the case may be;

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

Review and submit recommendations on ordinances approved and
executive orders issued by component barangays.

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

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

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

Section 39. 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 Liloan, of good moral character, a duly licensed social
worker or a holder of a college degree, preferably in sociology or any other related

Page 41 of 56


(b)

(©)

course from a recognized college or university, and a first grade civil service
eligible or Its equivalent. He must have acquired experience In the practice of social
work for at least five years immediately preceding the date of his appointment.

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
the social welfare and development, and shall:

a

Q)

QB)

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;

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;

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

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

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

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

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

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

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

Page 42 of 56


@)

()

©)

protection of all needy, disadvantaged, underprivileged or
impoverished groups or individuals, particularly those Identified to
be vulnerable and high-risk to exploitation, abuse and neglect.

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

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

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

Section 40. The City Veterinarian, -

(@)

(b)

©

The city veterinarian must be a citizen of the Philippines, a resident of the City of
Liloan, of good moral character and a licensed doctor of veterinary medicine. He
must have practiced his profession for at least three years immediately preceding
the date of his appointment.

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

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

a

Q)

@)

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;

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;

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;

Page 43 of 56


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

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

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

Section 41. The City General Services Officer. -

(a)

(b)

©

The city general services officer must be a citizen of the Philippines, a resident of
the City of Liloan, of good moral character, a holder of a college degree on public
administration, business administration and management from a recognized college
or university, and a first grade civil service eligible or its equivalent. He must have
acquired experience in general services, including management of supply, property,
solid waste disposal and general sanitation for at least five years immediately
preceding the date of his appointment.

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

The city general services officer shall take charge of the office on 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;

Page 44 of 56


Q)

@)

(4)

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

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 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 city officials and other public officials who by law, are entitled to
such space;

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

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

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

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

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

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

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

Page 45 of 56


warvansune

10

12
13
14
15
16
17
18
19
20
2a
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

41
42
43

45
46

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

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

Section 42. The City Environment and Natural Resources Officer. -

(a)

(b)

©

The city environment and natural resources officer must be a citizen of the
Philippines, a resident of the City of Liloan, 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
eligible or its equivalent. He must have acquired experience in the environment and
natural resources management, conservation and utilization work for at least five
years immediately preceding the date of his appointment.

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
environment service department, and shall:

(1) Formulate measures for the consideration of the sangguniang panlungsod
and provide assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and the provision of
adequate facilities relative to environment and natural resources services as
provided for under Section 17 of the Local Government Code of 1991;

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

(3) Inaddition 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 and similar forest
projects and commercial forests, like industrial tree farms and agro-
forestry projects;

(ii) Provide extension services to the beneficiaries of forest

development projects and technical, financial, and infrastructure
assistance;

Page 46 of S6


wovansene

10

12
13
14
15
16
7
18
19
20
2a
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

45
46

(4)

(5)

(6)

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

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

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

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

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

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

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

Section 43. The City Architect. -

(a)

)

©

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

‘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 on the architectural planning and
design, and shall:

qd)

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;

Page 47 of 56


Q)

@)

(4)

G6)

6)

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;

In addition to the foregoing duties and functions, the city architect shall:

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

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

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

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 and calamities;

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

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.

Section 44. The City Information Officer. -

(a)

The city information officer must be a citizen of the Philippines, a resident of the
City of Liloan, of good moral character, a holder of a college degree preferably in
journalism, mass communication or any related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. He must have
experience in writing articles and research papers, or writing for print, television,

Page 48 of 56


(b)

(©)

broadcast and other forms of mass media for at least five years immediately
preceding the date of his appointment.

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 city information and
community relations department, and shall:

a

Q)

@G)

(4)

()

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;

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;

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

(0) 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 government;

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

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

Page 49 of 56


woVansune

10

12
13
14
15
16
17
18
19
20
2a
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

41
42
43

45

(6)

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

Section 45. The City Cooperatives Officer. -

(a)

(b)

(©)

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

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:

(0)

Q)

@)

Formulate measures for consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and the provision of
facilities through the development of cooperatives and in providing access.
to such services and facilities;

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

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

() Assist in the organization of cooperatives;

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

(iii) Assist cooperatives in establishing linkages with govemment
agencies and nongovernment organizations involved in the
promotion and integration of the concept of cooperatives in the
livelihood of the people and other community activities.

Page 50 of 56


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

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

Section 46. The City Population Officer. -

(a)

(b)

©

The city population officer must be a citizen of the Philippines, a resident of the
City of Liloan, of good moral character, a holder of a college degree preferably with
specialized training in population development from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have
acquired experience in the implementation of programs on population development
or responsible parenthood for at least five years immediately preceding the date of
his appointment.

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

The city population officer shall take charge of the office of the population
development, and shall:

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

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

(3) _ Inaddition to the foregoing duties and functions, the city population officer
shall:

Page 51 of 56


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

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

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

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

Section 47. The City Agriculturist. -

(a)

(b)

©

The city agriculturist must be a citizen of the Philippines, a resident of the City of
Liloan, 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 in a related field for at least five
years immediately preceding the date of his appointment.

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 the agricultural services,
and shall:

10)

Q)

@)

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;

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;

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

Page 52 of 56


(4)

(5)

(6)

(i)

ii)

(iv)

(vy)

aquacultural and marine products are extended to farmers,
fishermen and local entrepreneurs;

Conduct or cause to be conducted location-specific agricultural
researches and assist in making available the appropriate technology
arising out of and disseminating information on basic research on
crops, prevention and control of plant diseases and pests, and other
agricultural matters which will maximize productivity;

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

Enforce rules and regulations relating to agriculture and
aquaculture; and

Coordinate with government agencies and nongovernmental
organizations which promote agricultural productivity through
appropriate technology compatible with environmental integrity.

Be in the frontline of the delivery of basic agricultural services, particularly
those needed for the survival of the inhabitants during and in the aftermath
of man-made and natural disasters and calamities;

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

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

ARTICLE IX

THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE,
THE CITY SCHOOLS DIVISION AND THE CITY

PROSECUTION SERVICE

Section 48. The City Fire Station Service. -

(@)

(b)

There shall be established in the City at least one fire station with adequate
personnel, fire fighting facilities and equipment, subject to the standards, rules and
regulations that may be promulgated by the DILG. The City shall provide the
necessary land or site of the station.

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

Page 53 of 56


and, in general, all fire prevention and suppression measures to secure the safety of
life and property of the citizenry.

Section 49. The City Jail Service. -

(a)

(b)

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

The city jail service shall be headed by a city jail warden who must be a graduate
of a four year course in psychology, psychiatry, sociology, nursing, social work or
criminology who shall assist in the immediate rehabilitation of individuals or
detention of prisoners. Great care must be exercised so that human rights of these
prisoners are respected and protected, and their spiritual and physical well-being
are properly and promptly attended to. Likewise, the City shall ensure that proper
separate detention centers for juveniles and women are provided for.

Section 50. The City Schools Division. -

@

(b)

There shall be established and maintained by the DepEd a city schools division of
the City of Liloan whose area of jurisdiction will cover all the school districts within
the City.

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

Section 51. The City Prosecution Service. -

(a)

(b)

There shall be established in the City of Liloan a city prosecution service to be
headed by a city prosecutor and such number of assistant city prosecutors as may
be necessary, who shall be organizationally part of the 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.

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

The Secretary of Justice shall always ensure the adequacy and quality of

prosecution service in the City of Liloan and for this purpose, shall, in the absence
or lack or insufficiency in number of assistant city prosecutors as provided

Page 54 of 56


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

ARTICLE X
TRANSITORY AND FINAL PROVISIONS

Section 52. Municipal Ordinances Existing at the Time of the Approval of this Act. - All
municipal ordinances of the Municipality of Liloan existing at the time of the approval of this Act
shall continue to be in force within the City of Liloan until the sangguniang panlungsod ordinance
shall provide otherwise.

Section 53. Plebiscite. - The City of Liloan 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 Liloan within thirty (30) days from the approval of
this Act. The expenses for such plebiscite shall be borne by the Municipality of Liloan. The
Commission on Elections shall conduct and supervise such plebiscite.

Section 54. Officials of the City of Liloan. - The present elective officials of the
Municipality of Liloan shall continue to exercise their powers and functions until such time that a
new election is held and the duly elected officials shall have already qualified and assumed their
offices. The appointive officials and employees of the City shall likewise continue exercising their
functions and duties and they shall be automatically absorbed by the City Government of the City
of Liloan.

Section 55. Succession Clause. - The City of Liloan shall succeed to all the assets,
properties, liabilities and obligations of the Municipality of Liloan

Section 56. Election of Provincial Governor and the Sangguniang Panlalawigan Members
of the Province of Cebu. - The qualified voters of the City of Liloan 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 Cebu.

Section 57. Jurisdiction of the Province of Cebu. - The City of Liloan shall, unless
otherwise provided by law, continue to be under the jurisdiction of the Province of Cebu.

Section 58. Suspension of Increase in Rates of Local Taxes. - No increase in the rates of
local taxes shall be imposed by the City within the period of five years from its acquisition of
corporate existence.

Section 59. Representative District. -Until otherwise provided by law, the City of Liloan
shall continue to be a part of the Fifth Congressional District of the Province of Cebu.

ection 60. Limitation. - Within three years from the approval of this Act, no new race
track, jai-alai fronton, gambling casino or cockpit shall be licensed or allowed to operate in the

City.

Page 55 of 56


Section 61. Reservation. - Nothing herein contained shall preclude the determination by
the appropriate agency or forum of boundary disputes or cases involving questions of territorial
jurisdiction between the City of Liloan and any of the adjoining local government units even after
the effectivity of this Act.

Section 62. Applicability of Laws. - The provisions of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, and other laws pertaining to the Province of Cebu
and such laws as are applicable to cities shall govern the City of Liloan insofar as they are not
inconsistent with the provisions of this Act.

Section 63. Separability Clause. - If, for any reason or reasons, any part or provisions of
this charter shall be held unconstitutional, invalid or inconsistent with the Local Government Code
of 1991, the other parts or provisions hereof which are not affected thereby shall continue to be in
full force and effect. Moreover, in cases where this Charter is silent or unclear, the pertinent
provisions of the Local Government Code shall govern, if so provided therein.

Section 64. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two newspapers of general and local circulation.

Approved,

Page 56 of 56