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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
Eighteenth Congress 
Second Regular Session 
House Bill No. _____________ 
Introduced by REP. TEODORICO “NONONG” TUMBOCON HARESCO 
AN ACT  
CONVERTING THE MUNICIPALITY OF MALAY IN THE PROVINCE OF AKLAN INTO 
A COMPONENT CITY TO BE KNOWN AS THE CITY OF MALAY 
EXPLANATORY NOTE 
This Bill seeks to convert the Municipality of Malay in the Province of Aklan 
into a component city to be known as the City of Malay. 
The Municipality of Malay is a first class municipality and the tourism capital of 
the Province of Aklan. It is composed of seventeen (17) barangays encompassing a 
total land area of 5,184.78 hectares including the Island of Boracay and other nearby 
islands. Based on 2015 census data, Malay has a recorded population of 52,973 
inhabitants. It has an Annual Average Income (AAI) of P169.832 million for the fiscal 
years 2018 and 2019 as certified by the DBM. 
In accordance with R.A. 7160 or the 1991 Local Government Code, as 
amended, the Municipality of Malay possesses the minimum requirements for 
cityhood. It has an annual income above P100 million, and is exempted from the land 
area requirement as it is comprised of two (2) or more islands, as certified by the 
DENR-Land Management Bureau. 
As home to the world-famous Boracay Island, the Municipality of Malay is 
known for its vibrant tourism industry. In 2019, Boracay toursim alone generated a 
total revenue of P62.31 billion from its 2,034,599 tourist arrivals, an increase of 116 
percent from the previous year. In 2017, P357 million or about 90 percent of Malay’s 
local revenue came from Boracay, comprising of fees from business and building 
permits, and environmental and terminal fees. In 2019, Malay ranked as top 9 among 
all the municipalities in the Philippines in terms of local revenue collections amounting 
to P365,723,937, and was awarded a Certificate of Achievement by the Bureau of 
Local Government and Finance. 
Apart from its strong revenue-generating industries, the readiness of Malay for 
cityhood is exhibited by its commitment to sustainable development while 
consistently providing the basic socioeconomic services for its people, ranging from 
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1:46 pm
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healthcare, education, housing, food security, peace and order, disaster risk 
reduction and response, and basic infrastructure development. 
Malay’s decisive handling of the recent challenges it faced also serves as a 
testament to its preparedness for greater autonomy. In 2018, during the 6-month 
closure and rehabilitation of Boracay Island as ordered by the President, the 
Municipality of Malay, together with the Boracay Inter-agency Task Force, acted 
swiftly in implementing the Boracay Action Plan involving aggressive pollution control 
and prevention measures, and ecosystem recovery and rehabilitation. Consistent 
social service support was also provided to affected families, industries and labor 
force. 
 In 2020, the COVID-19 Pandemic halted Boracay’s tourism industry, resulting 
in sudden rise in unemployment. The Municipality of Malay, through its strong 
cooperation with the National Government, acted swiftly in establishing health safety 
protocols and providing food assistance to families and livelihood assistance to 
affected workers of the tourism sector. Through this, Boracay Island was one of the 
first tourist destinations to reopen after the onset of the COVID-19 Pandemic.  
The conversion of the Municipality of Malay into a component city of the 
Province of Aklan will enhance its potential and capability to attract additional local 
and international investments, further propelling its economic growth and 
development and upgrading social services delivery for its people. 
In view of the foregoing, the approval of this Bill is earnestly sought. 
TEODORICO “NONONG” T. HARESCO, JR. 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
Eighteenth Congress 
Second Regular Session 
House Bill No. _____________ 
Introduced by REP. TEODORICO “NONONG” TUMBOCON HARESCO 
AN ACT  
CONVERTING THE MUNICIPALITY OF MALAY IN THE PROVINCE OF AKLAN 
INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF MALAY 
ARTICLE I 
GENERAL PROVISIONS 
SECTION 1. Title. – This Act shall be known as the “Charter of the City of Malay”. 
SEC. 2. The City of Malay. – The Municipality of Malay shall be converted into a 
component city to be known as the City of Malay, hereinafter referred to as the City, 
which shall comprise the present territory of the Municipality of Malay, Province of 
Aklan. 
The territorial jurisdiction of the City shall be within the present metes and bounds of 
the Municipality of Malay, including the Island of Boracay and other surrounding 
islands and islets. 
The foregoing provision shall be without prejudice to the resolution by the appropriate 
agency or forum of any boundary dispute or case involving questions of territorial 
jurisdiction between the City of Malay and the adjoining local government units 
(LGUs): Provided, That the territorial jurisdiction of the disputed area or areas shall 
remain with the local government unit which has existing administrative supervision 
over said area or areas until the final resolution of the case. 
SEC. 3. Corporate Powers of the City. – The City constitutes a political body corporate 
and as such is endowed with the attributes of perpetual succession and possessed 
of the powers which pertain to a municipal corporation to be exercised in conformity 
with the provisions of this Charter. The City shall have the following corporate powers: 
(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;
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(c) To have and use a corporate seal;
(d) To acquire, hold and convey real or personal property;
(e) To enter into any contract and/or agreement; and
(f) To exercise such other powers, prerogatives or authority subject to the limitations
provided in this Act or other laws.
SEC. 4. General Powers. – The City shall have a common seal and may alter the same 
at pleasure: Provided, that any change of corporate seal shall be registered with the 
Department of the Interior and Local Government (DILG). It shall exercise the powers 
to levy taxes, fees and charges; to close and open roads, streets, alleys, parks or 
squares; to take, purchase, receive, hold, lease, convey and dispose of real and 
personal property for the general interests of the City; to expropriate or condemn 
private property for public use; to contract and to be contracted with; to sue and be 
sued; to prosecute and defend to final judgment and execution, suits wherein the City 
is involved or interested in; and to exercise all the powers as are granted to 
corporations or as hereinafter conferred. 
SEC. 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. 
SEC. 6. Jurisdiction of the City. – The jurisdiction of the City, for police purposes only, 
shall be coextensive with its territorial jurisdiction and, for the purpose of protecting 
and ensuring the purity of the water supply of the City, such police jurisdiction shall 
also extend over all the territory within the drainage area of such water supply, or 
within one hundred meters (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 Malay 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 cases 
to the exclusion of others. The police forces of several municipalities and cities 
concerned shall have concurrent jurisdiction with the police forces of the City for the 
maintenance of good order and the enforcement of ordinances throughout said zone, 
area or space. But any license that maybe issued within said zone, area or space shall 
be granted by the proper authorities of the city or municipality concerned, and the 
fees arising therefrom shall accrue to the treasury of the said city or municipality 
concerned and not to the City. 


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ARTICLE II 
CITY OFFICIALS IN GENERAL 
SEC. 7. The Officials of the City of Malay. – (a) There shall be in the City of Malay: a 
City Mayor, a City Vice Mayor, Sangguniang Panlungsod members, a secretary to 
the Sangguniang Panlungsod, a city treasurer, a city assessor, a city accountant, a 
city budget officer, a city planning and development officer, a city engineer, a city 
health officer, a city civil registrar, a city administrator, a city legal officer, a city social 
welfare and development officer, a city veterinarian and a city general services officer. 
(b) In addition thereto, the City Mayor may appoint a city environment and natural 
resources officer, a city architect, a city information officer, a city cooperatives officer, 
a city population officer and a city agriculturist. 
(c) 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. 
(d) The Sangguniang Panlungsod may: 
(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; 
(2) Create such other offices as may be necessary to carry out the purposes of the 
City; or 
(3) Consolidate the functions of any office with those of another in the interest of 
efficiency and economy. 
(e) Unless otherwise provided herein, heads of departments and offices shall be 
appointed by the City Mayor with the concurrence of the majority of all 
the Sangguniang Panlungsod members, subject to civil service laws, rules and 
regulations. The Sangguniang Panlungsod shall act on the appointment within fifteen 
(15) days from the day of its submission, otherwise the same shall be deemed 
confirmed. 
(f) Elective and appointive city officials shall receive such compensation, allowances 
and other emoluments as may be determined by law or ordinance, subject to the 
budgetary limitations on personal services prescribed under Title Five, Book II of the 
Local Government Code of 1991, as amended: Provided, That no increase in 
compensation 
of 
the 
City 
Mayor, 
City 
Vice 
Mayor 
and 
Sangguniang 
Panlungsod member shall take effect until after the expiration of the full term of the 
local officials approving the increase. 
 
 


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ARTICLE III 
THE CITY MAYOR AND CITY VICE MAYOR 
SEC. 8. The City Mayor. – (a) The City Mayor shall be the chief executive of the City 
and shall be elected at large by the qualified voters of the City. No person shall be 
eligible for the position of City Mayor unless, at the time of the election, that person 
is a citizen of the Philippines, at least twenty-one (21) years of age, a resident of the 
City for at least one (1) year prior to election and a qualified voter therein, and able to 
read and write Filipino or any other local language or dialect. The City Mayor shall 
hold office for three (3) years, unless sooner removed, but shall serve for not more 
than three (3) consecutive terms in the same position. The City Mayor shall receive a 
minimum monthly compensation corresponding to Salary Grade Thirty (30) as 
prescribed under Republic Act No. 6758, otherwise known as the “Compensation 
and Position Classification Act of 1989” and the implementing guidelines issued 
pursuant thereto. 
The City Mayor, as the chief executive of the city government, shall exercise such 
powers and perform such duties and functions as provided herein. 
(b) For efficient, effective and economical governance, the purpose of which is the 
general welfare of the City and its inhabitants, the City Mayor shall: 
(1) Exercise general supervision and control over all programs, projects, services and 
activities of the city government, and in this connection, shall: 
(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; 
(v) Appoint all officials and employees whose salaries and wages are wholly or mainly 
paid out of city funds and whose appointments are not otherwise provided for in this 
Act, and those whose appointment may be authorized under other laws; 


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(vi) Represent the City in all its business transactions and sign on its behalf all bonds, 
contracts and obligations, and other documents upon the authority of 
the Sangguniang Panlungsod or pursuant to law or ordinance; 
(vii) Carry put emergency measures as may be necessary during and in the aftermath 
of man-made and natural disasters and calamities; 
(viii) Determine the time, manner and place of payment of salaries or wages of the 
officials and employees of the City, in accordance with law or ordinance; 
(ix) Allocate and assign office space-to the City and other officials and employees 
who, by law or ordinance, are entitled to space in the city hall and other buildings 
owned or leased by the city government; 
(x) Ensure that all executive officials and employees of the City faithfully discharge 
their duties and functions as provided for by law and the Local Government Code of 
1991, as amended, and cause to be instituted administrative or judicial proceedings 
against any official or employee of the City who may have committed an offense in 
the performance of official duties; 
(xi) Examine the books, records and other documents of all offices, officials, agents 
or employees of the City and, in aid of executive powers and authority, require all 
national officials and employees stationed in or assigned to the City to make available 
boots, records and other documents in their custody, except those classified by law 
as confidential; 
(xii) Furnish copies of executive orders issued to the Provincial Governor within 
seventy-two (72) hours after their issuance; 
(xiii) Visit component barangays of the City at least once every six (6) months to 
deepen understanding of the problems and conditions, listen and give appropriate 
counsel to local officials and inhabitants, inform the component barangay officials 
and inhabitants of general laws and ordinances which especially concern them, and 
otherwise conduct visits and inspections to ensure that the governance of the City 
will improve the quality of life of the inhabitants; 
(xiv) Act on leave applications of officials and employees appointed and on the 
commutation of the monetary value of their leave credits in accordance with law; 
(xv) Authorize official trips of city officials and employees outside of the City for a 
period not exceeding thirty (30) days: Provided, That the trips abroad or for a longer 
period may be authorized in accordance with the Local Government Code of 1991, 
as amended; 
(xvi) Call upon any national official or employee stationed in or assigned to the City 
for advice on matters affecting the City and to make recommendations thereon; 
coordinate with the officials and employees in the formulation and the implementation 
of plans, programs and projects; and, when appropriate, initiate an administrative or 


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Judicial action against a national government official or employee who may have 
committed an offense in the performance of official duties while stationed in or 
assigned to the City; 
(xvii) Authorize payment for medical care, necessary transportation, subsistence, 
hospital or medical fees of city officials and employees who are injured while in the 
performance of their official duties and functions, subject to the availability of funds; 
(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding; 
(xix) Conduct an annual palarong panlungsod which shall feature traditional sports 
and disciplines included in national and international games, in coordination with the 
Department of Education (DepED); and 
(xx) Submit to the provincial governor the following reports: an annual report 
containing a summary of all matters pertinent to the management, administration and 
development of the City and all information and data relative to its political, social and 
economic conditions; and supplemental reports when unexpected events and 
situations arise at any time during the year, particularly when man-made and natural 
disasters or calamities affect the general welfare of the City. 
(2) Enforce all laws and ordinances relative to the governance of the City and in the 
exercise of its appropriate corporate powers 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, in addition, shall: 
(i) Ensure that the acts of the City’s component barangays and of its officials and 
employees are within the scope of their prescribed powers, duties and functions; 
(ii) Call conventions, conferences, seminars or meetings of elective and appointive 
officials of the City, including provincial officials and national officials and employees 
stationed in or assigned to the City, at such time and place and on subject as may be 
deemed important for the promotion of the general welfare of the local government 
unit and its inhabitants; 
(iii) Issue executive orders for the faithful and appropriate enforcement and execution 
of laws and ordinances; 
(iv) Be entitled to carry the necessary firearms within the 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 general and operational control and supervision over 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, sedition, or apprehend violators of the law when public 


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interest so requires and the city police forces are inadequate to cope with the 
situation or the violators. 
(3) Initiate and maximize the generation of resources and revenues, and apply the 
same to the implementation of development plans, program objectives and priorities, 
as provided for under the Local Government Code of 1991, as amended, particularly 
those resources and revenues programmed for agro-industrial development and 
countryside growth and progress and, relative thereto, shall: 
(i) Require each head of an office or department to prepare and submit 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”, as amended; 
(ii) Prepare and submit to the Sanggunian for approval the executive and 
supplemental budgets of the City for the ensuing calendar year in the manner 
provided for under the Local Government Code of 1991, as amended; 
(iii) Ensure that all taxes and other revenues of the City are collected, and that city 
funds are applied to the payment of expenses and the settlement of obligations of 
the City, in accordance with law or ordinance; 
(iv) Issue licenses and permits and suspend or revoke the same for any violation of 
the conditions upon which the licenses or permits had been issued, pursuant to law 
or ordinance; 
(v) Issue permits, without need of approval therefor from any national agency, for the 
holding of activities for any charitable or welfare purpose, excluding prohibited games 
of chance or shows contrary to law, public policy and public morals; 
(vi) Require owners of illegally constructed houses, buildings or other structures to 
obtain the necessary permits, subject to 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 house, building or structure within the period prescribed by law or ordinance; 
(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, 
forest and other resources of the City; 
(viii) Provide efficient and effective property and supply management in the City and 
protect the funds, credits, rights and other properties of the City; and 
(ix) Institute or cause to be instituted administrative or judicial proceedings for 
violation of ordinances in the collection of taxes, fees and 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. 


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(4) Ensure the delivery of basic services and the provision of adequate facilities and,
in addition thereto, shall:
(i) Ensure that the construction and repair of roads and highways funded by the
national government shall be carried out, as far as practicable, in a spatially
contiguous manner and in coordination with the construction and repair of the roads
and bridges of the City; and
(ii) Coordinate the implementation of technical services, including public works and
infrastructure programs, rendered by national and provincial offices; and
(5) Perform such other duties and functions and exercise such other powers as
provided for under the Local Government Code of 1991, as amended, and those that
are prescribed by law or ordinance.
(c) During the incumbency, the City Mayor shall hold office in the city hall.
SEC. 9. The City Vice Mayor. – (a) There shall be a City Vice Mayor who shall be 
elected in the same manner as the City Mayor and shall, at the time of the election, 
possess the same qualifications as the City Mayor. The City Vice Mayor shall hold 
office for three (3) years, unless sooner removed, and shall receive a monthly 
compensation corresponding to Salary Grade Twenty-six (26) as prescribed under 
the “Compensation and Position Classification Act of 1989” and the implementing 
guidelines issued pursuant thereto. 
(b) The City Vice Mayor shall:
(1) Be the presiding officer of the Sangguniang Panlungsod and sign all warrants
drawn on the City Treasury for all expenditures appropriated for the operation of
the Sangguniang Panlungsod;
(2) Subject to civil service law, rules and regulations appoint all officials and
employees of the Sangguniang Panlungsod, except those whose manner of
appointment is specifically provided for under the Local Government Code of 1991,
as amended;
(3) Assume the office of the City Mayor for the unexpired term of the latter in the event
of permanent vacancy as provided for under the Local Government Code of 1991, as
amended;
(4) Exercise the powers and perform the duties and functions of the City Mayor in
case of temporary vacancy as provided for under the Local Government Code of
1991, as amended; and
(5) Perform other duties and functions and exercise other powers as provided for
under the Local Government Code of 1991, as amended, and those that are
prescribed by law or ordinance.


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ARTICLE IV 
THE SANGGUNIANG PANLUNGSOD 
SEC. 10. Composition. – (a) The Sangguniang Panlungsod, the legislative body of the 
City, shall be composed of the City Vice Mayor as the presiding officer, the ten (10) 
regular sanggunian members, the president of the city chapter of the liga ng mga 
barangay, the president of the Panlungsod na Pederasyon ng mga Sangguniang 
Kabataan and the three (3) sectoral representatives, 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 persons with disabilities (PWDs). 
(b)
The regular members of the Sangguniang Panlungsod and sectoral
representatives shall be elected in the manner as may be provided by law.
(c) The members of the Sangguniang Panlungsod of the City of Malay shall receive a
minimum monthly compensation corresponding to Salary Grade Twenty-five (25) as
prescribed under the “Compensation and Position Classification Act of 1989” and the
implementing guidelines issued pursuant thereto.
SEC. 11. Powers, Duties, Functions and Compensation. – (a) The Sangguniang 
Panlungsod, as the legislative body of the City, shall enact ordinances, approve 
resolutions and appropriate funds for the general welfare of the City and its 
inhabitants pursuant to Section 16 of the Local Government Code of 1991, as 
amended, and in the proper exercise of the corporate powers of the City as provided 
for under Section 22 of the Local Government Code of 1991, as amended, and shall: 
(1) Approve ordinances and pass resolutions necessary for an efficient and effective
city government and, in this connection, shall:
(i) Review all ordinances approved by the Sangguniang Barangay and executive
orders issued by the punong barangay to determine whether these are within the
scope of the prescribed powers of the Sangguniang Barangay and of the Punong
Barangay;
(ii) Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the
violation of ordinances;
(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


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assistance to victims during and in the aftermath of said disasters or calamities and 
in their return to productive livelihood following said events; 
(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties
for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, the
establishment and maintenance of houses of ill-repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or property, drug
addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the
printing, distribution or exhibition of obscene or pornographic materials or
publications and such other activities inimical to the welfare and morals of the
inhabitants of the City;
(vi) Protect the environment and impose appropriate penalties for acts which
endanger the environment, including illegal logging, smuggling of logs, smuggling of
natural resources products and of endangered species of flora and fauna, slash-and-
burn farming and other activities which result in pollution, acceleration of siltation of
rivers and lakes or of ecological imbalance;
(vii) Subject to the provisions of the Local Government Code of 1991, as amended,
and other pertinent laws, determine the powers and duties of officials and employees
of the City;
(viii) Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or mainly from city
funds and provide for expenditures necessary for the proper conduct of programs,
projects, services and activities of the city government;
(ix) Authorize the payment of compensation to a qualified person not in the
government service who fills in a temporary vacancy or grant honoraria to any
qualified official or employee designated to fill in a temporary vacancy in a concurrent
capacity at the rate authorized by law;
(x) Provide a mechanism and the appropriate funds therefor for the safety and
protection of all city government properties, public documents or records such as
those relating to property inventory, land ownership, records of births, marriages,
deaths, assessments, taxation, accounts, business permits and such other records
and documents of public interest in the offices and departments of the city
government;
(xi) When the finances of the city government allow, provide for additional allowances
and other benefits to judges, prosecutors, public elementary and high school
teachers, and other national government employees stationed in or assigned to the
City;
(xii) Provide legal assistance to barangay officials who, in the performance of their
official duties or on the occasion thereof, have to initiate judicial proceedings or
defend themselves against legal actions; and


Page 13 of 49 
(xiii) Provide for group insurance or additional insurance coverage for all barangay
officials, including members of barangay tanod brigades and service units, with public
or private insurance companies, when the finances of the city government allow
coverage.
(2) Generate and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City, with particular attention to agro-
industrial development and citywide growth and progress and, relative thereto, shall:
(i) Approve the annual and supplemental budgets of the city government and
appropriate funds for specific programs, projects, services and activities of the City,
or for other purposes not contrary to law, in order to promote the general welfare of
the City and its inhabitants;
(ii) Subject to the provisions of Book II of the Local Government Code of 1991, as
amended, and applicable laws and, upon the majority vote of all the members of
the Sangguniang Panlungsod, enact ordinances levying taxes, fees and charges,
prescribing the rates thereof for general and specific purposes and granting tax
exemptions, incentives or reliefs;
(iii) Subject to the provisions of Book II of the Local Government Code of 1991, as
amended, and upon the majority vote of all the members of the Sangguniang
Panlungsod, authorize the City Mayor to negotiate and contract loans and other forms
of indebtedness;
(iv) Subject to the provisions of Book II of the Local Government Code of 1991, as
amended, and applicable laws and, upon the majority vote of all the members of
the Sangguniang Panlungsod, enact ordinances authorizing the floating of bonds or
other instruments of indebtedness, for, the purpose of raising funds to finance
development projects;
(v) Appropriate funds for the construction and maintenance or the rental of buildings
for the use of the City and, upon the majority vote of all the members of
the Sangguniang Panlungsod, authorize the City Mayor to lease to private parties
such public buildings held in a proprietary capacity, subject to existing laws, rules
and regulations;
(vi) Prescribe reasonable limits and restraints on the use of property within the
jurisdiction of the City;
(vii) Adopt a comprehensive land-use plan for the City and ensure that the formulation,
adoption or modification of said plan shall be in coordination with the approved
provincial comprehensive land-use plan;
(viii) Reclassify lands within the jurisdiction of the City, subject to the pertinent
provisions of the Local Government Code of 1991, as amended;


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(ix)
Enact integrated zoning ordinances in consonance with the approved
comprehensive land-use plan, subject to existing laws, rules and regulations;
establish fire limits or zones, particularly in populous centers; and regulate the
construction, repair or modification of buildings within said limits or zones in
accordance with the provisions of the Fire Code of the Philippines;
(x) Subject to national law, process and approve subdivision plans for residential,
commercial or industrial purposes and other development purposes, and to collect
processing fees and other charges, the proceeds of which shall accrue entirely to the
City: Provided, however, That where approval of a national agency or office is
required, said approval shall not be withheld for more than thirty (30) days from receipt
of the application. Failure to act on the application within the period stated above
shall be deemed as approval thereof;
(xi) Subject to the provisions of Book II of the Local Government Code of 1991, as
amended, grant exclusive privilege of constructing fish corrals or fish pens, or taking
or catching of bangus fry, prawn fry or kawag-kawag, or fry of any species or fish
within the city waters;
(xii) With the concurrence of at least two-thirds (2/3) vote of all the members of
the Sangguniang Panlungsod, grant tax exemptions, incentives or reliefs to entities
engaged in community growth-inducing industries, subject to the provisions of the
Local Government Code of 1991, as amended;
(xiii) Grant loans or provide grants to other local government units or to national,
provincial and city charitable, benevolent or educational institutions: Provided, That
the institutions are operated and maintained within the City;
(xiv) Regulate the numbering of residential, commercial and other buildings; and
(xv) Regulate the inspection, weighing and measuring of articles of commerce.
(3) Subject to the provisions of Book II of the Local Government Code of 1991, as
amended, enact ordinances granting franchises and authorizing the issuance of
permits or licenses, upon conditions and for purposes intended to promote the
general welfare of the inhabitants of the City and, pursuant to this legislative authority,
shall:
(i) Fix and impose reasonable fees and charges for all services rendered by the city
government to private persons or entities;
(ii) Regulate or fix license fees for any business or practice of profession within the
City and the conditions under which the license for tide business or practice of
profession may be revoked, and enact ordinances levying taxes thereon;
(iii) Provide for and set the terms and conditions under which public utilities owned
by the City shall be operated by the city government and prescribe the conditions


Page 15 of 49 
under which the same may be leased to private persons or entities, preferably 
cooperatives; 
(iv) Regulate the display of and fix the license fees for signs, signboards or billboards 
at the place or places where the profession or business advertised thereby is, in whole 
or in part, conducted; 
(v) Any law to the contrary notwithstanding, authorize and license the establishment, 
operation and maintenance of cockpits, and regulate cockfighting and commercial 
breeding of gamecocks: Provided, That existing rights should not be prejudiced; 
(vi) Subject to the guidelines prescribed by the Department of Transportation and 
Communications (DOTC), regulate the operation of tricycles and grant franchises for 
the operation thereof within the territorial jurisdiction of the City; and 
(vii) Upon approval by a majority vote of all the members of the Sangguniang 
Panlungsod, grant a franchise to any person, partnership, corporation or cooperative 
to do business within the City; establish, construct, operate and maintain ferries, 
wharves, markets or slaughterhouses; or undertake other activities within the City as 
may be allowed by existing laws: Provided, That cooperatives shall be given 
preference in the grant of franchise. 
(4) Regulate activities relative to the use of land, buildings and structures within the 
City in order to promote the general welfare and, for the said purpose, shall: 
(i) Declare, prevent or abate any nuisance; 
(ii) Require that buildings and the premises thereof and any land within the City be 
kept and maintained in a sanitary condition; impose penalties for any violation thereof; 
or upon failure to comply with the said requirement, have the work done at the 
expense of the owner, administrator or tenant concerned; and require the filling up of 
any land or premises to a grade necessary for proper sanitation; 
(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other 
similar establishments; 
(iv)Regulate the establishment, operation and maintenance of restaurants, 
beerhouses, hotels, motels, inns, pension houses, lodging houses and other similar 
establishments, including tourist guides and transports; 
(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed 
or fermented liquors at any retail outlets; 
(vi) Regulate the establishment and provide for the inspection of steam boilers or any 
heating device in buildings and the storage of inflammable and highly combustible 
materials within the City; 


Page 16 of 49 
(vii) Regulate the establishment, operation and maintenance of entertainment or 
amusement facilities, including theatrical performances, circuses, billiard halls, public 
dancing schools, public dance halls, sauna baths, massage parlors and other places 
for entertainment or amusement; regulate such other events or activities for 
amusement or entertainment, particularly those which tend to disturb the community 
or annoy the inhabitants, or require the suspension or suppression of the same; or 
prohibit certain forms of amusement or entertainment in order to protect the social 
and moral welfare of the community; 
(viii) Provide for the impounding of stray animals; regulate the keeping of animals in 
homes or as part of a business, and the slaughter, sale or disposition of the same; 
and adopt measures to prevent and penalize cruelty to animals; and 
(ix) Regulate the establishment, operation and maintenance of funeral parlors and the 
burial or cremation of the dead, subject to existing laws, rules and regulations. 
(5) Approve ordinances which shall ensure the efficient and effective delivery of basic 
services and facilities as provided for under the Local Government Code of 1991, as 
amended, and, in addition to said services and facilities, shall: 
(i) Provide for the establishment, maintenance, protection and conservation of tree 
parks and greenbelts, mangroves, and other similar forest development projects; 
(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation 
thereof by the city government; and regulate the construction and operation of private 
markets, talipapas or other similar buildings and structures; 
(iii) Authorize the establishment, maintenance and operation by the city government 
of ferries, wharves, and/or other structures intended to accelerate productivity related 
to marine and seashore or offshore activities; 
(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 the 
operation of conveyances for hire; designate stands to be occupied by public vehicles 
when not in use; regulate the putting up of signs, signposts, awnings and awning 
posts on the streets; and provide for the lighting, cleaning and sprinkling of streets 
and public places; 
(vi) Regulate traffic on all streets and bridges, prohibit encroachments or obstacles 
thereon and, when necessary in the interest of public welfare, authorize the removal 
of encroachments and illegal constructions in public places; 


Page 17 of 49 
(vii) 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 the 
quantity of the water supply of the City and, for this purpose, extend the coverage of 
appropriate ordinances over all territories within the drainage area of said water 
supply within one hundred meters (100 m.) of the reservoir, canal, conduit, aqueduct, 
pumping station or watershed used in connection with the water service; and regulate 
the consumption, use or wastage of water and fix and collect charges thereof; 
(viii) Regulate the drilling and excavation of the ground for the laying of water, 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; 
(ix) Regulate the placing, stringing, attaching, installing, repair and construction of all 
gas mains, electric telegraph and telephone wires, conduits, meters and other 
apparatus; and provide for the correction, condemnation or removal of the same 
when found to be dangerous, defective or otherwise hazardous to the welfare of the 
inhabitants; 
(x) Subject to the availability of funds and to existing laws, rules and regulations, 
establish and provide for the operation of vocational and technical schools and similar 
post-secondary institutions and, with the approval of the Technical Education and 
Skills Development Authority (TESDA), and subject to existing laws on tuition fees, fix 
and collect reasonable tuition fees and other school charges in educational 
institutions supported by the city government; 
(xi) Establish a scholarship fund for the poor but deserving students in schools 
located within its jurisdiction or for students residing within the City; 
(xii) Approve measures and adopt quarantine regulations to prevent the introduction 
and the spread of diseases; 
(xiii) Provide for an efficient and effective system of solid waste and garbage collection 
and disposal and prohibit littering and the placing or throwing of garbage, refuse and 
other filth and wastes; 
(xiv) Provide for the care of persons with disabilities, paupers, the aged, the sick, 
persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, 
abused children and other needy and disadvantaged persons particularly children 
and 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; 


Page 18 of 49 
(xv) Establish and provide for the maintenance and improvement of jails and detention 
centers, institute a sound jail management program and appropriate funds for the 
subsistence of detainees and convicted prisoners in the City; 
(xvi) Establish a city council whose purpose is the promotion of culture and the arts, 
coordinate with government agencies and nongovernmental organizations and, 
subject to the availability of funds, appropriate funds for the support and development 
of the same; and 
(xvii) Establish a city council for the elderly and senior citizens which shall formulate 
policies and adopt measures mutually beneficial to the elderly and to the community; 
provide incentives for nongovernmental agencies and entities and, subject to the 
availability of fluids, appropriate funds to support programs and projects for the 
benefit of the elderly. 
(6) Perform other duties and functions and exercise such powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
ARTICLE V 
PROCESS OF LEGISLATION 
SEC. 12. Internal Rules of Procedure. – (a) On the first regular session following the 
election of its members and within ninety (90) days thereafter, the Sangguniang 
Panlungsod shall adopt or update its existing rules of procedure. 
(b) The rules of procedure shall provide for the following: 
(1) The organization of the Sanggunian and the election of its officers as well as the 
creation of standing committees which shall include, but shall not be limited to, the 
committees on appropriations, revenues, engineering and public works, education 
and health, women and family, human rights, youth and sports development, 
environmental protection, peace and order and traffic, and cooperatives; the general 
jurisdiction of each committee; and the election of the chairperson and members of 
each committee; 
(2) The order and calendar of business for each session; 
(3) The legislative process; 
(4) The parliamentary procedures which include the conduct of members during 
sessions; 
(5) The discipline of members for disorderly behavior and absences without justifiable 
cause for four (4) consecutive sessions for which they may be censured, reprimanded 
or excluded from the session, suspended for not more than sixty (60) days or 
expelled: Provided, That the penalty of suspension or expulsion shall require the 


Page 19 of 49 
concurrence 
of 
at 
least 
two-thirds 
(2/3) 
vote 
of 
all 
the Sanggunian members: Provided, further, That the member convicted by final 
judgment to imprisonment of at least one (1) year for any crime involving moral 
turpitude shall be automatically expelled from the Sanggunian; and 
(6) Such other rules as the Sanggunian may adopt. 
SEC. 13. Full Disclosure of Financial and Business Interests of Sangguniang 
Panlungsod Members. – (a) Every Sangguniang Panlungsod member shall, upon 
assumption to office, make a full disclosure of business arid financial interests. They 
shall also disclose any business, financial, professional relationship or any relation by 
affinity or consanguinity within the fourth civil degree, which they may have with any 
person, firm or entity affected by any ordinance or resolution under consideration by 
the Sanggunian of which one is a member, which relationship may result in conflict 
of interests. Such relationship shall include: 
(1) Ownership of stock or capital, or investment in the entity or firm to which the 
ordinance or resolution may apply; and 
(2) Contracts or agreements with any person or entity which the ordinance or 
resolution under consideration may affect. 
In the absence of 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 
or her judgment to the prejudice of the service or the public. 
(b) The disclosure required under this Act shall be made in writing submitted to the 
secretary of the Sanggunian or the secretary of the committee of which he or she is 
a member. The disclosure shall, in all cases, form part of the record of the 
proceedings and shall be made in the following manner: 
(1) Disclosure shall be made before the member participates in deliberations on the 
ordinance or resolution under consideration: Provided, That if the member did not 
participate during the deliberations, the disclosure shall be made before voting on the 
ordinance or resolution on second and third readings; and 
(2) 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. 
SEC. 14. Sessions. – (a) On the first day of the session immediately following the 
election of its members, the Sangguniang Panlungsod shall, by resolution, fix the day, 
time and place of its regular sessions. The minimum number of regular sessions shall 
be once a week for the Sangguniang Panlungsod and twice a month for the 
sangguniang barangay. 


Page 20 of 49 
(b) When the public interest so demands, special sessions may be called by the City 
Mayor or by a majority of the members of the Sanggunian. 
(c) All Sanggunian sessions shall be open to the public unless a closed-door session 
is ordered by an affirmative vote of the majority of the members present, there being 
a quorum, in the public interest or for reasons of security, decency or morality. No 
two (2) sessions, regular or special, may be held in a single day. 
(d) In the case of special sessions of the Sanggunian, a written notice to the members 
shall be served personally at the members usual place of residence at least twenty-
four (24) hours before the special session is held. 
Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members 
present, there being a quorum, no other matter may be considered at a special 
session except those stated in the notice. 
(e) The Sangguniang Panlungsod shall keep a journal and a record of its proceedings, 
which may be published upon resolution of the majority of its members. 
SEC. 15. Quorum. – (a) A majority of all the members of the Sanggunian who have 
been elected and qualified shall constitute a quorum to transact official business. 
Should a question of quorum be raised during a session, the presiding officer shall 
immediately proceed to call the roll of the members and thereafter announce the 
result. 
(b) Where there is no quorum, the presiding officer may declare a recess until such 
time a quorum is constituted, or a majority of the members present may adjourn from 
day to day and may compel the immediate attendance of any member absent without 
justifiable cause by designating a member of the Sanggunian, to be assisted by a 
member or members of the police force assigned in the territorial jurisdiction of the 
City of Malay, to arrest the absent member and present him or her at the session. 
(c) If there is still no quorum despite the enforcement of the immediately preceding 
subsection, no business shall be transacted. The presiding officer, upon proper 
motion duly approved by the members present, shall then declare the session 
adjourned for lack of quorum. 
SEC. 16. Approval of Ordinances. – (a) Every ordinance enacted by the Sangguniang 
Panlungsod shall be presented to the City Mayor, If the City Mayor approves the 
same, the signature shall be affixed on each and every page thereof; otherwise, the 
ordinance shall be vetoed and returned with the statement on the objections to 
the Sanggunian, which may proceed to reconsider the same. The Sanggunian may 
override the veto of the City Mayor by two-thirds (2/3) vote of all its members, thereby 
making the ordinance or resolution effective for all legal intents and purposes. 
(b) The veto shall be communicated by the City Mayor to the Sanggunian within ten 
(10) days, otherwise, the ordinance shall be deemed approved as if it had signed it. 


Page 21 of 49 
SEC. 17. Veto Power of the City Mayor. – (a) The City Mayor may veto any ordinance 
of the Sangguniang Panlungsod on the ground that it is ultra vires or prejudicial to the 
public welfare, stating the reasons thereof in writing. 
(b) The City Mayor shall have the power to veto any particular item or items of an 
appropriations ordinance, an ordinance or resolution adopting a local development 
plan, any public investment program or an ordinance directing the payment of money 
or creating liability. In such case, the vetoed item or items shall not affect the item or 
items which are not objected to. The vetoed item or items shall not take effect unless 
the Sangguniang Panlungsod overrides the veto in the manner herein provided; 
otherwise, the item or items in the appropriations ordinance of the previous year 
corresponding to those vetoed, if any, shall be deemed enacted. 
(c) The City Mayor may veto an ordinance or resolution only once. 
The Sanggunian may override the veto of the City Mayor by two-thirds (2/3) vote of 
all its members, thereby making the ordinance effective even without the approval of 
the City Mayor. 
SEC. 18. Review of City Ordinances by the Sangguniang Panlalawigan. – (a) Within 
three (3) days after approval, the secretary of the Sangguniang Panlungsod shall 
forward to the Sangguniang Panlalawigan for review, copies of approved ordinances 
and the resolutions approving the local development plans and the public investment 
programs formulated by the local development councils. 
(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, 
the Sangguniang Panlalawigan shall examine the documents or transmit them to the 
provincial attorney or the provincial prosecutor for prompt examination. The 
provincial attorney or the provincial prosecutor shall, within a period often (10) days 
from receipt of the documents, inform the Sangguniang Panlalawigan in writing of 
comments or recommendations which may be considered by the Sangguniang 
Panlalawigan in making its decision. 
(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is 
beyond the power conferred upon the Sangguniang Panlungsod concerned, it shall 
declare such ordinance or resolution invalid in whole or in part. The Sangguniang 
Panlalawigan shall enter its action in the minutes and shall advise the corresponding 
city authorities of the action it has taken. 
(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) 
days after submission of such an ordinance or resolution, the same shall be presumed 
to be consistent with law and therefore valid. 
SEC. 19. Review of Barangay Ordinances by the Sangguniang Panlungsod. – (a) 
Within ten (10) days after its enactment, the Sangguniang Barangay shall furnish 
copies of all barangay ordinances to the Sangguniang Panlungsod for review as to 
whether the ordinances are consistent with law or city ordinances. 


Page 22 of 49 
(b) If the Sangguniang Panlungsod fails to take action on barangay ordinances within 
thirty (30) days from receipt thereof, the same shall be deemed approved. 
(c) If the Sangguniang Panlungsod finds the barangay 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. 
SEC. 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 disapproval thereof, shall be sufficient ground for 
the suspension or dismissal of the official or employee concerned. 
SEC. 21. Effectivity of Ordinances or Resolutions. – (a) Unless otherwise stated in the 
ordinance or the resolution approving the local development plan and the public 
investment program, the same shall take effect after ten (10) days from the date a 
copy thereof is posted in a bulletin board at the entrance of the City Hall of Malay and 
in at least two (2) other conspicuous places in the City of Malay not later than five (5) 
days after approval thereof. 
(b) The Secretary of the Sangguniang Panlungsod shall cause the posting of an 
ordinance or resolution in the bulletin board at the entrance of the city hall and in at 
least two (2) conspicuous places in the City of Malay not later than five (5) days after 
approval thereof. The text of the ordinance or resolution shall be disseminated and 
posted in Filipino or English, and the secretary of the Sangguniang Panlungsod shall 
record such fact in a book kept for the purpose, stating the dates of approval and 
posting. 
(c) The main features of the ordinance or the 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 the 
resolution shall be published in any newspaper of general circulation; Provided, 
further, That the gist of all ordinances with penal sanctions shall also be published in 
a newspaper of general circulation. 
ARTICLE VI 
DISQUALIFICATION AND SUCCESSION OF ELECTIVE OFFICIALS 
SEC. 22. Disqualification of Elective Public City Officials. – The following persona are 
disqualified from running for any elective position in the City: 
(a) Those sentenced by final judgment for an offense involving moral turpitude or an 
offense punishable by imprisonment for one (1) year or more, within two (2) years after 
serving sentence; 


Page 23 of 49 
(b) Those removed from office as a result of an administrative case; 
(c) Those convicted by final Judgment for violating the oath of allegiance to the 
Republic of the Philippines; 
(d) Those with dual citizenship; 
(e) Fugitives from justice in criminal or nonpolitical cases here and abroad; 
(f) Permanent residents in a foreign country or those who have acquired the right to 
reside abroad and continue to avail of the same right after the effectivity of the Local 
Government Code of 1991, as amended; and 
(g) The insane or feeble-minded. 
SEC. 23. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor. 
– (a) If a permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor 
concerned shall become the City Mayor. If a permanent vacancy occurs in the office 
of the City Vice Mayor, the highest ranking Sangguniang Panlungsod member or, in 
case of permanent incapacity, the second highest ranking Sangguniang 
Panlungsod member becomes the City Mayor or the City Vice Mayor, as the case 
may be. Subsequent vacancies in the said offices shall be filled automatically by the 
other Sanggunian members according to their ranking as defined herein. 
(b) If a permanent vacancy occurs in the office of the Punong Barangay, the highest-
ranking Sangguniang Barangay member or, in case of his or her permanent 
incapacity, the second highest ranking Sanggunian member, shall become 
the Punong Barangay. 
(c) A tie between or among the highest ranking Sangguniang Panlungsod members 
shall be resolved by drawing of lots. 
(d) The successors as defined herein shall serve only the unexpired terms of their 
predecessors. 
(e) For purposes of this Act, a permanent vacancy arises when an elective local official 
fills in a higher vacant office, refuses to assume office, fails to qualify, dies, is removed 
from office, voluntarily resigns or is otherwise permanently incapacitated to discharge 
the functions of the office. 
(f) For purposes of succession as provided for in this Act, ranking in 
the Sanggunian shall be determined on the basis of the proportion of votes obtained 
by each winning candidate to the total number of registered voters in the City in the 
immediately preceding local election. 
SEC. 24. Permanent Vacancies in the Sangguniang Panlungsod. – Permanent 
vacancies in the Sangguniang Panlungsod where automatic succession as provided 
above does not apply shall be filled in by appointments in the following manner: 


Page 24 of 49 
(a) The provincial governor shall make the aforesaid appointments;
(b) Only the nominee of the political party under which the Sanggunian member
concerned had been elected shall be appointed in the manner herein provided. The
appointee shall come from the same political party as that of the Sanggunian member
who caused the vacancy and shall serve the unexpired term of the vacant office.
In the appointment herein mentioned, a nomination and a certificate of membership 
of the appointee from the highest official of the political party concerned are 
conditions sine qua non, and any appointment without such nomination and 
certification shall be null and void ab initio and shall be a ground for administrative 
action against the official responsible therefor; 
(c) In case the permanent vacancy is caused by a Sanggunian member who does not
belong to any political party, the City Mayor shall, upon the recommendation of
the Sangguniang Panlungsod, appoint a qualified person to fill in the vacancy; and
(d) In case of vacancy in the representation of the youth and the barangay in
the Sangguniang Panlungsod, said vacancy shall be filled in automatically by the
official next-in-rank of the organization concerned.
SEC. 25. Temporary Vacancy in the Office of the City Mayor. – (a) When the City Mayor 
is temporarily incapacitated to perform 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 and functions of the City 
Mayor, except the power to appoint, suspend or dismiss employees which can only 
be exercised if the period of temporary incapacity exceeds thirty (30) working days. 
(b) Said temporary incapacity shall terminate upon submission to the Sangguniang
Panlungsod of a written declaration by the City Mayor of having reported back to
office. In case where the temporary incapacity is due to legal cause, the City Mayor
shall also submit the necessary documents showing that the said legal cause no
longer exists.
(c) When the City Mayor is traveling within the country but outside the territorial
jurisdiction for a period not exceeding three (3) consecutive days, he or she may
designate in writing the officer-in-charge of the office. The authorization shall specify
the powers and functions that the local official concerned shall exercise in the
absence of the City Mayor, except the power to appoint, suspend or dismiss
employees.
(d) In the event, however, that the City Mayor fails or refuses to issue such
authorization, the City Vice Mayor or the highest ranking Sangguniang
Panlungsod member, as the case may be, shall have the right to assume the powers,
duties and functions of the office on the fourth (4th) day of absence of the City Mayor,
subject to the limitations provided for in subsection (c) hereof.


Page 25 of 49 
(e) Except as provided above, the City Mayor shall, in no case, authorize any local 
official to assume the powers, duties and functions of the office other than the City 
Vice Mayor or the highest ranking member of the Sangguniang Panlungsod, as the 
case may be. 
ARTICLE VII 
THE APPOINTIVE OFFICIALS OF THE CITY 
SEC. 26. The Secretary to the Sangguniang Panlungsod. – (a) There shall be a 
secretary to the Sangguniang Panlungsod who shall be a career official with the rank 
and salary equal to a head of a department or office. 
(b) No person shall be appointed secretary to the Sangguniang Panlungsod unless 
one is a citizen of the Philippines, a resident of the City of Malay, of good moral 
character, a holder of a college degree preferably in law, commerce or public 
administration obtained from a recognized college or university and a first grade civil 
service eligible or its equivalent. 
The appointment of a secretary to the Sanggunian shall be mandatory. 
(c) The secretary to the Sangguniang Panlungsod shall take charge of the office of 
the Sangguniang Panlungsod, and shall: 
(1) Attend sessions of the Sangguniang Panlungsod and keep a journal of its 
proceedings; 
(2) Keep the seal of the City and affix it with one’s signature to all ordinances, 
resolutions and other official acts of the Sangguniang Panlungsod, and present these 
for the signature of the presiding officer; 
(3) Forward to the City Mayor for approval, copies of ordinances enacted by 
the Sangguniang Panlungsod, duly certified by the presiding officer; 
(4) Forward to the Department of Budget and Management (DBM) copies of the 
appropriations ordinances passed by the Sangguniang Panlungsod as provided for 
under Section 326, Book II of the Local Government Code of 1991, as amended; 
(5) Forward to the Sangguniang Panlalawigan copies of duly approved ordinances in 
the manner as provided for in Sections 56 and 57 of the Local Government Code of 
1991, as amended; 
(6) Furnish, upon the request of any interested party, certified copies of records of 
public character in one’s custody, upon payment to the City Treasurer of such fees 
as may be prescribed by an ordinance; 


Page 26 of 49 
(7) Record in a book kept for the purpose, all ordinances and resolutions enacted or 
adopted by the Sangguniang Panlungsod, with the dates of passage and publication 
thereof; 
(8) Keep the office and all nonconfidential records therein open to the public during 
usual business hours; 
(9) Translate into the dialect used by the majority of the inhabitants, all ordinances 
and resolutions immediately after their approval, and cause the publication of the 
same together with the original version in the manner provided under the Local 
Government Code of 1991, as amended; 
(10) Take custody of the local archives and, where applicable, the local library and 
annually account for the same; and 
(11) Perform such other duties and functions and exercise such other powers as 
provided for under the Local Government Code of 1991, as amended, and those that 
are prescribed by law or ordinance. 
SEC. 27. The City Treasurer. – (a) The City Treasurer shall be appointed by the 
Secretary of the Department of Finance (DOF) from a list of at least three (3) ranking 
eligible recommendees of the City Mayor, subject to civil service law, rules and 
regulations. 
(b) The City Treasurer shall be tinder the administrative supervision of the City Mayor, 
to whom one shall report regularly on the tax collection efforts of the City. 
(c) No person shall be appointed City Treasurer unless one is a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a holder of a 
college degree preferably in commerce, public administration or law obtained from a 
recognized college or university, a first grade civil service eligible or its equivalent and 
must have acquired experience in treasury or accounting service for at least five (5) 
years. 
The appointment of a City Treasurer shall be mandatory. 
(d) The City Treasurer shall receive compensation, emoluments and allowances as 
may be determined by law. 
(e) The City Treasurer shall take charge of the City Finance Department, and shall: 
(1) Advise the City Mayor, the Sangguniang Panlungsod and other local government 
and national officials concerned regarding the disposition of local government funds 
and on other matters relative to public finance; 
(2) Take custody of and exercise proper management of the funds of the City; 
(3) Take charge of the disbursement of all funds of the City and other funds, the 
custody of which may be entrusted by law or other competent authority; 


Page 27 of 49 
(4) Inspect private commercial and industrial establishments within the jurisdiction of 
the City in relation to the implementation of tax ordinances, pursuant to the provisions 
of the Local Government Code of 1991, as amended; 
(5) Maintain and update the tax information system of the City; and 
(6) Perform other duties and functions and exercise such other powers as provided 
for under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 28. The City Assessor. – (a) The City Assessor must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a holder of a 
college degree preferably in civil or mechanical engineering, commerce or any other 
related course obtained from a recognized college or university, a licensed appraiser 
under Republic Act No. 9646, otherwise known as “The Real Estate Service Act of 
the Philippines” and a first grade civil service eligible or its equivalent and must have 
acquired experience in real property assessment work or in any related field for at 
least five (5) years immediately preceding the date of appointment. 
The appointment of a City Assessor shall be mandatory. 
(b) The City Assessor shall receive compensation, emoluments and allowances as 
may be determined by law. 
(c) The City Assessor shall take charge of the City Assessor’s Department, and shall: 
(1). Ensure that all laws and policies governing the appraisal and assessment of real 
properties for taxation purposes are properly executed; 
(2) Initiate, review and recommend changes in policies and objectives, plans and 
programs, techniques, procedures and practices in the evaluation and assessment 
of real properties for taxation purposes; 
(3) Establish a systematic method of real property assessment; 
(4) Install and maintain real property identification and accounting systems; 
(5) Prepare, install and maintain a system of tax mapping, showing graphically all 
properties subject to assessment and gather all data concerning the same; 
(6) Conduct frequent physical surveys to verify and determine whether all real 
properties within the City are properly listed in the assessment rolls; 
(7) Exercise the functions of appraisal and assessment primarily for taxation purposes 
of all real properties in the City; 
(8) Prepare a schedule of the fair market value of the different classes of real 
properties in accordance with the provisions of the Local Government Code of 1991, 
as amended; 


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(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; 
(11) Attend personally or through an authorized representative all sessions of the 
Local Board of Assessment Appeals whenever his or her assessment is the subject 
of the appeal, and present or submit any information or record in his or her possession 
as may be required by the Board; and 
(12) Perform such other duties and functions and exercise such other powers as 
provided for under Republic Act No. 7160, otherwise known as the “Local 
Government Code of 1991”, as amended, and those that are prescribed by law or 
ordinance. 
SEC. 29. The City Accountant. – (a) The City Accountant must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a certified public 
accountant and must have acquired experience in the treasury or accounting service 
for at least five (5) years immediately preceding the date of appointment. 
The appointment of a City Accountant shall be mandatory. 
(b) The City Accountant shall receive compensation, emoluments and allowances as 
may be determined by law. 
(c) The City Accountant shall take charge of both the Office of the Accounting and 
Internal Audit Services, and shall: 
(1) Install and maintain an internal audit system in the City; 
(2) Prepare and submit financial statements to the City Mayor and to the Sangguniang 
Panlungsod; 
(3) Apprise the Sangguniang Panlungsod and other officials on the financial condition 
and operations of the City; 
(4) Certify to the availability of budgetary allotment from which expenditures and 
obligations may be properly charged; 
(5) Review supporting documents before the preparation of vouchers to determine 
completeness of requirements; 
(6) Prepare statement of cash advances, liquidations, salaries, allowances, 
reimbursements and remittances pertaining to the City; 
(7) Prepare statements of journal vouchers, their liquidations and other adjustments 
related thereto; 


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(8) Post individual disbursements to subsidiary ledgers and index cards; 
(9) Maintain individual ledgers for officials and employees of the City pertaining to 
payrolls and deductions; 
(10) Record and post in index cards details of purchased furniture, fixtures and 
equipment, including disposal thereof, if any; 
(11) Account for all issued requests for obligations and maintain and keep all records 
and reports related thereto; 
(12) Prepare journals and the analysis of obligations and maintain and keep all records 
and reports related thereto; and 
(13) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 30. The City Budget Officer. – (a) The City Budget Officer must be a citizen of 
the Philippines, a resident of the City of Malay, of good moral character, holder of a 
college degree preferably in accounting, economics, public administration or any 
related course obtained from a recognized college or university, a first grade civil 
service eligible or its equivalent, and must have acquired experience in government 
budgeting or in any related field for at least five (5) years immediately preceding the 
date of appointment. 
The appointment of a City Budget Officer shall be mandatory. 
(b) The City Budget Officer shall take charge of the City Budget Department, and 
shall: 
(1) Prepare forms, orders and circulars embodying instructions on budgetary and 
appropriation matters for the signature of the City Mayor; 
(2) Review and consolidate the budget proposals of different departments and offices 
of the City; 
(3) Assist the City Mayor in the preparation of the budget and during and after the 
budget hearings; 
(4) Study and evaluate budgetary implications of proposed legislations and submit 
comments and recommendations thereon; 
(5) Submit periodic budgetary reports to the DBM; 
(6) Coordinate with the City Treasurer, the City Accountant and the City Planning and 
Development Officer for the purpose of budgeting; 


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(7) Assist the Sangguniang Panlungsod in reviewing the approved budgets of the 
component barangays; 
(8) Coordinate with the City Planning and Development Office in the formulation of 
the development plan of the City; and 
(9) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
(c) The City Budget Officer shall receive such compensation, emoluments and 
allowances as may be determined by law. 
SEC. 31. The City Planning and Development Officer. – (a) The City Planning and 
Development Officer must be a citizen of the Philippines, a resident of the City of 
Malay, of good moral character, a holder of a college degree preferably in urban 
planning, development studies, economics, public administration or in any related 
course obtained from a recognized college or university, a first grade civil service 
eligible or its equivalent, and must have acquired experience in development planning 
or in any related field for at least five (5) years immediately preceding the date of 
appointment. 
The appointment of a City Planning and Development Officer shall he mandatory. 
(b) The City Planning and Development Officer shall receive compensation, 
emoluments and allowances as may be determined by law 
(c) The City Planning and Development Officer shall take charge of the City Planning 
and Development Coordinating Office, and shall: 
(1) Formulate integrated economic, social, physical and other development plans and 
policies for the consideration of the City Development Council; 
(2) Conduct continuing studies, researches and training programs necessary to 
evolve plans and programs for implementation; 
(3) Integrate and coordinate all sectoral plans and studies undertaken by the different 
functional groups or agencies; 
(4) Monitor and evaluate the implementation of the different development programs, 
projects and activities in the City in accordance with the approved development plan; 
(5) Prepare comprehensive plans and other development planning documents for the 
consideration of the Local Development Council; 
(6) Analyze the income and expenditure patterns, and formulate and recommend 
fiscal plans and policies for the consideration of the finance committee of 
the Sangguniang Panlungsod; 


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(7) Promote people’s participation in development planning within the City; 
(8) Exercise supervision and control over the secretariat of the Local Development 
Council; and 
(9) Perform such other duties and functions and exercise such other powers as 
provided for under the Local Government Code of 1991, as amended, and those that 
are prescribed by law or ordinance. 
SEC. 32. The City Engineer. – (a) The City Engineer must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a licensed civil 
engineer, and must have acquired experience in the practice of profession for at least 
five (5) years immediately preceding the date of appointment. 
The appointment of a City Engineer shall be mandatory. 
(b) The City Engineer shall receive compensation, emoluments and allowances as 
may be determined by law. 
(c) The City Engineer shall take charge of the City Engineering Office, and shall: 
(1) Initiate, review and recommend changes in policies and objectives, plans and 
programs, techniques, procedures and practices in infrastructure development and 
public works in general of the City; 
(2) Advise the City Mayor on infrastructure, public works and other engineering 
matters; 
(3) Administer, coordinate, supervise and control the construction, maintenance, 
improvement and repair of roads, bridges, other engineering and public works 
projects of the City; 
(4) Provide engineering services to the City, including investigations and surveys, 
engineering designs, feasibility studies and project management; and 
(5) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 33. The City Health Officer. – (a) The City Health Officer must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a licensed 
medical practitioner, and must have acquired experience in the practice of the 
profession for at least five (5) years immediately preceding the date of appointment. 
The appointment of a City Health Officer shall be mandatory. 
(b) The City Health Officer shall receive compensation, emoluments and allowances 
as may be determined by law. 


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(c) The City Health Officer shall take charge of the Office of the City Health Services, 
and shall: 
(1) Supervise the personnel and staff of the said office, formulate program 
implementation guidelines and rules and regulations for the operation of the said 
office for the approval of the City Mayor in order to assist him or her 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 as provided for under Section 17 of the Local Government Code of 
1991, as amended; 
(3) Develop plans and strategies and, upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the 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, as amended; 
(4) In addition to the foregoing duties and functions, the City Health Officer shall: 
(i) Formulate and implement policies, plans and projects to promote the health of the 
people in the City; 
(ii) Advise the City Mayor and the Sangguniang Panlungsod on matters pertaining to 
health; 
(iii) Execute and enforce all laws, ordinances and regulations relating to public health; 
(iv) Recommend to the Sangguniang Panlungsod through the local health board, the 
passage of ordinance as may be deemed necessary for the preservation of public 
health; 
(v) Recommend tie prosecution of any violation of sanitary laws, ordinances or 
regulations; 
(vi) Direct the sanitary inspection of all business establishments, stores selling food 
items or providing accommodations such as hotels, motels, lodging houses, pension 
houses and the like, in accordance with the Sanitation Code of the Philippines; 
(vii) Conduct health information campaigns and render health intelligence services; 
(viii) Coordinate with other government agencies and nongovernment organizations 
involved in the promotion and delivery of health services; and 
(ix) Be in the frontline of the delivery of health services, particularly during and in the 
aftermath of man-made and natural disasters or calamities; and 


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(5) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 34. The City Civil Registrar. – (a) The City Civil Registrar must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a holder of a 
college degree obtained from a recognized college or university, a first grade civil 
service eligible or its equivalent, and must have acquired experience in civil registry 
work for at least five (5) years immediately preceding the date of appointment. 
The appointment of a City Civil Registrar shall be mandatory. 
(b) The City Civil Registrar shall receive compensation, emoluments and allowances 
as may be determined by law. 
(c) The City Civil Registrar shall be responsible for the civil registration program in the 
City of Malay, pursuant to the Civil Registry Law, the Civil Code and other pertinent 
laws, rules and regulations issued to implement them. 
(d) The City Civil Registrar shall take charge of the Office of the City Civil Registry, 
and shall: 
(1) Develop plans and strategies and, upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the civil registry 
programs and projects which the City Mayor is empowered to implement and which 
the Sangguniang Panlungsod is empowered to provide for under the Local 
Government Code of 1991, as amended; 
(2) In addition to the foregoing duties and functions, the City Civil Registrar shall; 
(i) Accept all registrable documents and judicial decrees affecting the civil status of 
persons; 
(ii) File, keep and preserve in a secure place the books required by law; 
(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 documents 
upon payment of the required fees to the City Treasurer; 
(vi) Receive application for the issuance of a marriage license and, after determining 
that the requirements and supporting certificates and publication thereof for the 
prescribed period have been complied with, issue the license upon payment of the 
authorized fee to the City Treasurer; and 


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(vii) Coordinate with the Philippine Statistics Authority (PSA) in conducting 
educational campaigns for vital registration and assist in the preparation of 
demographic and other statistics for the City of Malay; and 
(3) Perform such other duties and functions and exercise such other powers as 
provided for under the Local Government Code of 1991, as amended, and those that 
are prescribed by law or ordinance. 
SEC. 35. The City Administrator. – (a) The City Administrator must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a holder of a 
college degree preferably in public administration, law or in any other related course 
obtained from a recognized college or university, a first grade civil service eligible or 
its equivalent, and must have acquired experience in management and administrative 
work for at least five (5) years immediately preceding the date of appointment. 
The appointment of a City Administrator shall be mandatory. 
(b) The term of the City Administrator is coterminous with that of his or her appointing 
authority. 
(c) The City Administrator shall receive compensation, emoluments and allowances 
as may be determined by law. 
(d) The City Administrator shall take charge of the City Administrator’s Office, and 
shall: 
(1) Develop plans and strategies and, upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the management and 
administration-related programs and projects which the City Mayor is empowered to 
implement and which the Sangguniang Panlungsod is empowered to provide for 
under the Local Government Code of 1991, as amended; 
(2) Assist in the coordination of the work of all the officials of the local government 
unit, under the supervision, direction and control of the City Mayor, and for this 
purpose, convene the chiefs of offices and other officials of the local government unit; 
(3) Establish and maintain a sound personnel program for the local government unit 
designed to promote career development and uphold the merit principle in the local 
government service; 
(4) Conduct a continuing organizational development of the local government unit 
with the end in view of instituting effective administrative reforms; 
(5) Be in the frontline of the delivery of administrative support services, particularly 
those related to the situations during and in the aftermath of man-made and natural 
disasters or calamities; 
(6) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all 
matters relative to the management and administration of the City; and 


Page 35 of 49 
(7) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 36. The City Legal Officer. – (a) The City Legal Officer must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a member of the 
Philippine Bar, and must have practiced the profession for at least five (5) years 
immediately preceding the date of appointment. 
The appointment of a City Legal Officer shall be mandatory. 
The term of the City Legal Officer shall be coterminous with that of his or her 
appointing authority. 
(b) The City Legal Officer shall receive compensation, emoluments and allowances 
as may be determined by law. 
(c) The City Legal Officer, the Chief Legal Counsel of the City, shall take charge of the 
Office of the City Legal Service, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and 
provide legal assistance and support to the City Mayor in carrying out the delivery of 
basic services and the provision of adequate facilities; 
(2) Develop plans and strategies and, upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the programs and 
projects related to legal services which the City Mayor is empowered to implement 
and which the Sangguniang Panlungsod is empowered to provide; 
(3) Represent the local government unit in all civil actions and special proceedings 
wherein the local government unit or any official thereof, in his or her official capacity, 
is a party: Provided, That in actions or proceedings where the City of Malay is a party 
adverse to the provincial government or to another component city, a special legal 
officer maybe employed to represent the adverse party; 
(4) When required by the City Mayor or Sanggunian, draft ordinances, contracts, 
bonds, leases and other instruments, involving any interest of the local government 
unit; and provide comments and recommendations on any instruments already 
drawn; 
(5) Render his or her opinion in writing on any question of law when requested to do 
so by the City Mayor or Sanggunian; 
(6) Investigate or cause to be investigated any local official or employee for 
administrative neglect or misconduct in office, and recommend appropriate action to 
the City Mayor or Sanggunian, as the case may be; 


Page 36 of 49 
(7) Investigate or cause to be investigated any person, firm or corporation holding any 
franchise or exercising any privilege for failure to comply with any term or condition 
in the grant of such franchise or privilege, and recommend appropriate action to the 
City Mayor or Sanggunian, as the case may be; 
(8) When directed by the City Mayor or Sanggunian, initiate and prosecute in the 
interest of the local government unit concerned any civil action on any bond, lease or 
other contract upon any breach or violation thereof; 
(9) Review ordinances and submit recommendations on ordinances approved and 
executive orders issued by component units; 
(10) Recommend measures to the Sangguniang Panlungsod and advise the City 
Mayor on all matters related to upholding the rule of law; 
(11) Be in the frontline of protecting human rights and prosecuting any violation 
thereof, particularly those which occur during and in the aftermath of man-made and 
natural disasters or calamities; and 
(12) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 37. The City Social Welfare and Development Officer. – (a) The City Social 
Welfare and Development Officer must be a citizen of the Philippines, a resident of 
the City of Malay, of good moral character, a duly licensed social worker or a holder 
of a college degree preferably in social work or in any other related course obtained 
from a recognized college or university, a first grade civil service eligible or its 
equivalent, and must have acquired experience in the practice of social work for at 
least five (5) years immediately preceding the date of appointment. 
The appointment of a City Social Welfare and Development Officer shall be 
mandatory. 
(b) The City Social Welfare and Development Officer shall receive compensation, 
emoluments and allowances as may be determined by law. 
(c) The City Social Welfare and Development Officer shall take charge of the Office of 
the Social Welfare and Development, and shall: 
(1) Formulate measures for the approval of the Sangguniang Panlungsod and provide 
technical assistance and support to the City Mayor in carrying out measures to ensure 
the delivery of basic services and the provision of adequate facilities relative to social 
welfare and development services; 
(2) Develop plans and strategies and, upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with social welfare programs 


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and projects which the City Mayor is empowered to implement and which 
the Sangguniang Panlungsod is empowered to provide; 
(3) Identify the basic needs of the needy, the disadvantaged and the impoverished, 
and develop and implement appropriate measures to alleviate their problems and 
improve their living conditions; 
(4) Provide relief and appropriate crisis intervention for victims of abuse and 
exploitation and recommend appropriate measures to deter further abuse and 
exploitations; 
(5) Assist the City Mayor, as the case may be, in implementing the barangay level 
program for the total development and protection of children up to six (6) years of 
age; 
(6) Facilitate the implementation of welfare programs for the disabled, elderly and 
victims of drug addiction, the rehabilitation of prisoners and parolees, the prevention 
of juvenile delinquency and such other activities which would eliminate and minimize 
the ill-effects of poverty; 
(7) Initiate and support youth welfare programs that will enhance the role of the youth 
in nation building; 
(8) Coordinate with government agencies and nongovernmental organizations which 
have for their purpose the promotion and the protection of all the needy, 
disadvantaged, underprivileged or impoverished groups or individuals, particularly 
those identified to be vulnerable and high risk to exploitation, abuse and neglect; 
(9) Be in the frontline of the delivery of services particularly those which have to do 
with the immediate relief and assistance during and in the aftermath of man-made 
and natural disasters or calamities; 
(10)Recommend to the Sangguniang Panlungsod and advise the City Mayor on all 
other matters related to social welfare and development services which will improve 
the livelihood and the living conditions of the inhabitants; and 
(11) Perform such other duties and functions and exercise such other powers as 
provided for under the Local Government Code of 1991, as amended, and those that 
are prescribed by law or ordinance. 
SEC. 38. The City Veterinarian. – (a) The City Veterinarian must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a licensed doctor 
of veterinary medicine, and must have practiced the profession for at least three (3) 
years immediately preceding the date of appointment. 
The appointment of a City Veterinarian Officer shall be mandatory. 
(b) The City Veterinarian shall receive compensation, emoluments and allowances as 
may be determined by law. 


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(c) The City Veterinarian shall take charge of the Office of the Veterinary Services, and 
shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and 
provide technical assistance and support to the City Mayor in carrying out measures 
to ensure the delivery of basic services and the provision of adequate facilities; 
(2) Develop plans and strategies and, upon approval thereof by the City Mayor, 
implement the same, particularly those which have to do with veterinary-related 
activities which the City Mayor is empowered to implement and which 
the Sangguniang Panlungsod is empowered to provide; 
(3) Advise the City Mayor on all matters pertaining to the slaughter of animals for 
human consumption and the regulation of slaughterhouses; 
(4) Regulate the keeping of domestic animals; 
(5) Regulate and inspect poultry, milk and dairy products for public consumption; 
(6) Enforce all laws for the prevention of cruelty to animals; 
(7) Take the necessary measures to eradicate, prevent or cure all forms of animal 
diseases; 
(8) Be in the frontline of the veterinary-related activities, including the outbreak of 
highly-contagious and deadly diseases, and in situations resulting in the depletion of 
animals for work and for human consumption, particularly those arising from and in 
the aftermath of man-made and natural disasters or calamities; 
(9) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all 
other matters relative to the veterinary services which will increase the number and 
improve the quality of livestock, poultry and other domestic animals used for work or 
for human consumption; and 
(10) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 39. The City General Services Officer. – (a) The City General Services Officer 
must be a citizen of the Philippines, a resident of the City of Malay, of good moral 
character, a holder of a college degree in public administration, business 
administration or management obtained from a recognized college or university, a 
first grade civil service eligible or its equivalent, and must have acquired experience 
in general services, including the management of supply, property, solid waste 
disposal and general sanitation for at least five (5) years immediately preceding the 
date of appointment. 
The appointment of a City General Services Officer shall be mandatory. 


Page 39 of 49 
(b) The City General Services Officer shall receive compensation, emoluments and 
allowances as may be determined by law. 
(c) The City General Services Officer shall take charge of the Office of the General 
Services, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and 
provide technical assistance and support to the City Mayor in carrying out measures 
to ensure the delivery of basic services and the provision of adequate facilities which 
require general services expertise in technical support services; 
(2) Develop plans and strategies and, upon the approval thereof by the City Mayor, 
implement the same, particulary those which have to do with general services 
supportive of the welfare of the inhabitants of the City which the City Mayor is 
empowered to implement and which the Sangguniang Panlungsod is empowered to 
provide; 
(3) Take custody of and be accountable for all properties, real or personal, owned by 
the City and those granted to it in the form of donation, reparation, assistance and 
counterpart of joint projects; 
(4) With the approval of the City Mayor, assign building or land space to local officials 
or other public officials, who by law are entitled to the space; 
(5) Recommend to the City Mayor the reasonable rental rates for local government 
properties, whether real or personal, which will be leased to public or private entities 
by the local government; 
(6) Recommend to the City Mayor the reasonable rental rates of private properties 
which may be leased for the official use of the local government units; 
(7) Maintain and supervise janitorial, security, landscaping and other related services 
in all local government public buildings and other real property, whether owned or 
leased by the local government unit; 
(8) Collate and disseminate information regarding prices, shipping and other costs of 
supplies and other items commonly used by the local government unit; 
(9) Perform archival and record management with respect to records of offices and 
departments of the local government unit; 
(10) Perform all other functions pertaining to supply and property management 
heretofore performed by the local government treasurer and enforce policies on 
records creation, maintenance and disposal; 
(11) Be in the frontline of general services-related activities, including the possible 
and imminent destruction or damage to records, supplies, properties and structure 
and the orderly and sanitary cleaning up of waste materials or debris, particularly 
during and in the aftermath of man-made and natural disasters or calamities; 


Page 40 of 49 
(12) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all 
matters relative to general services; and 
(13) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 40. The City Environment and Natural Resources Officer. – (a) The City 
Environment and Natural Resources Officer must be a citizen of the Philippines, a 
resident of the City of Malay, of good moral character, a holder of a college degree 
preferably in environment, forestry, agriculture or in any other related course obtained 
from a recognized college or university, a first grade civil service eligible or its 
equivalent, and must have acquired experience in environment and natural resources 
management, conservation and utilization work for at least five (5) years immediately 
preceding the date of appointment. 
The appointment of a City Environment and Natural Resources Officer shall be 
optional. 
(b) The City Environment and Natural Resources Officer shall receive compensation, 
emoluments and allowances as may be determined by law. 
(c) The City Environment and Natural Resources Officer shall take charge of the City 
Environment Service Department, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and 
provide 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 environment and natural resources services as provided for under Section 17 of 
the Local Government Code of 1991, as amended; 
(2) Develop plans and strategies and, upon the 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) Establish, maintain, protect and preserve communal forests, watersheds, tree 
parks, mangroves, greenbelts and similar forest projects and commercial forests, like 
industrial tree farms and agro-forestry projects; 
(4) Provide extension services to beneficiaries of forest development projects and 
technical, financial and infrastructure assistance; 
(5) Manage and maintain seed banks and produce seedlings for forest and tree parks; 
(6) Provide extension services to beneficiaries of forest development projects and 
render assistance for natural resources-related conservation and utilization activities 
consistent with ecological balance; 


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(7) Promote the small-scale mining and utilization of mineral resources, particularly 
mining of gold; 
(8) 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); 
(9) Be in the frontline of the delivery of services concerning the environment and 
natural resources, particularly in the renewal and rehabilitation of the environment 
during and in the aftermath of man-made and natural disasters or calamities; 
(10) 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 
(11) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those, that are 
prescribed by law or ordinance. 
SEC. 41. The City Architect. – (a) The City Architect must be a citizen of the 
Philippines, a resident of the City of Malay, of good moral character, a duly licensed 
architect, and must have practiced the profession for at least five (5) years 
immediately preceding the date of appointment. 
The appointment of a City Architect shall be optional. 
(b) The City Architect shall receive compensation, emoluments and allowances as 
may be determined by law. 
(c) The City Architect shall take charge of the Office of the Architectural Planning and 
Design, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and 
provide technical assistance and support to the City Mayor in carrying out measures 
to ensure the delivery of basic services and the provision of adequate facilities relative 
to architectural planning and design; 
(2) Develop plans and strategies and, upon the 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, as amended; 
(3) Prepare and recommend for consideration of the Sanggunian the architectural 
plan and design for the local government unit or a part thereof including the removal 
of slums and blighted areas, land reclamation activities, the greening of land and 
appropriate planning of marine and foreshore areas; 


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(4) Review and recommend for appropriate action of the Sanggunian or the City 
Mayor, as the case may be, the architectural plans and designs submitted by 
governmental and nongovernmental entities or individuals, particularly those for 
undeveloped, underdeveloped and poorly designed areas; 
(5) Coordinate with government and nongovernment entities and individuals involved 
in the aesthetics and maximum utilization of the land and water within the jurisdiction 
of the government unit, compatible with the environmental integrity and ecological 
balance; 
(6) Be in the frontline of the delivery of services involving architectural planning and 
design, particularly those related to the redesigning of spatial distribution of basic 
facilities and physical structures during and in the aftermath of man-made and natural 
disasters or calamities; 
(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all 
other matters relative to architectural planning and design as it relates to the total 
socioeconomic development of the City; and 
(8) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 42. The City Information Officer. – (a) The City Information Officer must be a 
citizen of the Philippines, a resident of the City of Malay, of good moral character, a 
holder of a college degree preferably in journalism, mass communication or in any 
related course obtained from a recognized college or university, a first grade civil 
service eligible or its equivalent, and must have acquired experience in writing articles 
and research papers, or writing for print, television or broadcast media for at least 
three (3) years immediately preceding the date of appointment. 
The appointment of a City Information Officer shall be optional. 
The term of the City Information Officer is coterminous with that of his or her 
appointing authority. 
(b) The City Information Officer shall receive compensation, emoluments and 
allowances as may be determined by law. 
(c) The City Information Officer shall take charge of the City Information and 
Community Relations Department, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and 
provide technical assistance and .support to the City Mayor in providing the 
information and research data required for the delivery of basic services and the 
provision of adequate facilities so that the public becomes aware of said services and 
may fully avail of the same; 


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(2) Develop plans and strategies and, upon the approval thereof by the City Mayor, 
implement the same, particularly those which have to do with public information and 
research data to support programs and projects which the City Mayor is empowered 
to implement and which the Sangguniang Panlungsod is empowered to provide; 
(3) Provide relevant, adequate and timely information to the local government unit and 
its residents; 
(4) Furnish information and data on local government agencies or offices as may be 
required by law or ordinance; and nongovernmental organizations to be furnished to 
said agencies and organizations; 
(5) Maintain effective liaison with the various sectors of the community on matters 
and issues that affect the livelihood and the quality of life of the inhabitants and 
encourage support for programs of the local and national government; 
(6) Be in the frontline in providing information during and in the aftermath of man-
made and natural disasters or calamities, with special attention to the victims thereof, 
to help minimize injuries and casualties after the emergency, and to accelerate relief 
and rehabilitation; 
(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all 
other matters relative to public information and research data as it relates to the total 
socioeconomic development of the City; and 
(8) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 43. The City Cooperatives Officer. – (a) The City Cooperatives Officer must be a 
citizen of the Philippines, a resident of the City of Malay, of good moral character, a 
holder of a college degree preferably in business administration with special training 
on cooperatives or in any related course obtained from a recognized college or 
university, a first grade civil service eligible or its equivalent, and must have acquired 
experience in cooperatives organization and management for at least five (5) years 
immediately preceding the date of appointment. 
The appointment of a City Cooperatives Officer shall be optional. 
(b) The City Cooperatives Officer shall receive compensation, emoluments and 
allowances as may be determined by law. 
(c) The City Cooperatives Officer shall take charge of the Office for the Development 
of Cooperatives, and shall: 
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and 
provide technical assistance and support to the City Mayor in carrying out measures 


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to ensure the delivery of basic services and the provision of facilities through the 
development of cooperatives and in providing access to such services and facilities; 
(2) Develop plans and strategies and, upon the approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the integration of 
cooperatives principles and methods in programs and projects which the City Mayor 
is empowered to implement and which the Sangguniang Panlungsod is empowered 
to provide; 
(3) Assist in the organization of cooperatives; 
(4) Provide technical and other forms of assistance to existing cooperatives to 
enhance their viability as an economic enterprise and social organization; 
(5) Assist cooperatives in establishing linkages with government agencies and 
nongovernmental, organizations involved in the promotion and integration of the 
concept of cooperatives in the livelihood of the people and other community 
activities; 
(6) Be in the frontline of cooperatives organization, rehabilitation or viability 
enhancement, particularly during and in the aftermath of man-made and natural 
disasters or calamities, to aid in their survival and, if necessary, subsequent 
rehabilitation; 
(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all 
other matters relative to cooperatives development and viability enhancement which 
will improve the livelihood and the quality of life of the inhabitants; and 
(8) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 44. The City Population Officer. – (a) The City Population Officer must be a 
citizen of the Philippines, a resident of the City of Malay, of good moral character, a 
holder of a college degree preferably with specialized teaming in population 
development obtained from a recognized college or university, a first grade civil 
service eligible or its equivalent, and must have acquired experience in the 
implementation of programs on population development or responsible parenthood 
for at least five (5) years immediately preceding the date of appointment. 
The appointment of a City Population Officer shall be optional. 
(b) The City Population Officer shall receive compensation, emoluments and 
allowances as may be determined by law. 
(c) The City Population Officer shall take charge of the Office of the Population 
Development, and shall: 


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(1) Formulate measures for the consideration of the Sangguniang Panlungsod and 
provide technical assistance and support to the City Mayor in carrying out measures 
to ensure the delivery of basic services and the provision of adequate facilities relative 
to the integration of the population development principles and in providing access 
to said services and facilities; 
(2) Develop plans and strategies and, upon the 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) Assist the City Mayor in the implementation of the constitutional provisions relative 
to population development and the promotion of responsible parenthood; 
(4) Establish and maintain an updated data bank for program operations, 
development planning and an educational program to ensure the people’s 
participation in understanding of population development; 
(5) Implement appropriate training programs responsive to the cultural heritage of the 
inhabitants; and 
(6) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
SEC. 45. The City Agriculturist. – (a) The City Agriculturist must be a citizen of the 
Philippines, a resident of the City, of Malay, of good moral character, a holder of a 
college degree preferably in agriculture or in any other related course obtained from 
a recognized college or university, a first grade civil service eligible or its equivalent, 
and must have practiced the profession in agriculture or acquired experience in a 
related field for at least five (5) years immediately preceding the date of appointment. 
The appointment of a City Agriculturist Officer shall be optional. 
(b) The City Agriculturist shall receive compensation, emoluments and allowances as 
may be determined by law. 
(c) The City Agriculturist shall take charge of the Office of the Agricultural Services, 
and shall: 
(1) Formulate measures for the approval of the Sangguniang Panlungsod and provide 
technical assistance and support to the City Mayor in carrying out measures to ensure 
the delivery of basic services and the provision of adequate facilities relative to 
agricultural services; 
(2) Develop plans and strategies and, upon the approval thereof by the City Mayor, 
implement the same, particularly those which have to do with the agricultural 


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programs and projects which the City Mayor is empowered to implement and which 
the Sangguniang Panlungsod is empowered to provide; 
(3) In addition to the foregoing duties and functions, the City Agriculturist, shall: 
(i) Ensure that maximum assistance and access to resources in the production, 
processing and marketing of agricultural, aquacultural and marine products are 
extended to farmers, fishermen and local entrepreneurs; 
(ii) Conduct or cause to be conducted location-specific agricultural researches and 
assist in making available the appropriate technology arising out of and disseminating 
information on basic research on crops, prevention and control of plant diseases and 
pests, and other agricultural matters which will maximize productivity; 
(iii) Assist the City Mayor in the establishment and extension services of 
demonstration farms on aquaculture and marine products; 
(iv) Enforce rules and regulations relating to agriculture and aquaculture; and 
(v) Coordinate with government agencies and nongovernmental organizations, which 
promote agricultural productivity through applied technology compatible with 
environmental integrity. 
(4) Be in the frontline of the delivery of basic agricultural services, particularly those 
needed for the survival of the inhabitants during and in the aftermath of man-made 
and natural disasters or calamities; 
(5) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all 
other matters related to agriculture and aquaculture which will improve the livelihood 
and the living conditions of the inhabitants; and 
(6) Perform other duties and functions and exercise other powers as provided for 
under the Local Government Code of 1991, as amended, and those that are 
prescribed by law or ordinance. 
ARTICLE VIII 
THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE CITY SCHOOLS 
DIVISION AND THE CITY PROSECUTION OFFICE 
SEC. 46. The City Fire Station Service. – (a) There shall be established in the City at 
least one (1) fire station with adequate personnel, firefighting facilities and equipment, 
subject to the standards, rules and regulations that may be promulgated by the 
Department of the Interior and Local Government (DILG). The City shall provide the 
necessary land or site of the station. 
(b) The city fire station shall be headed by a City Fire Marshal whose qualifications 
shall be as those provided for under Republic Act No. 9263, as amended, otherwise 


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known as the “Bureau of Fire Protection and Bureau of Jail Management and 
Penology Professionalization Act of 2004”. 
(c) The city fire station shall be responsible for providing emergency services, such
as the rescue and evacuation of injured people related to incidents and, in general,
all fire prevention and suppression measures to secure the safety of life and property
of the citizenry.
SEC. 47. The City Jail Service. – (a) There shall be established and maintained in the 
City a secured, clean, adequately equipped and sanitary jail for the custody and 
safekeeping of prisoners, any fugitive from justice, or person detained awaiting 
investigation or trial and/or violent mentally ill person who endangers oneself or the 
safety of others, duly certified as such by the proper medical health officer, pending 
the transfer to a mental institution. 
(b) The city jail service shall be headed by a City Jail Warden whose qualifications
shall be as those provided for under Republic Act No. 9263, as amended, otherwise
known as the “Bureau of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004”. One shall assist in the immediate
rehabilitation of individuals or detention 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.
SEC. 48. The City Schools Division. – (a) There shall be established and maintained 
by the Department of Education (DepED), a city schools division of the City of Malay 
whose area of jurisdiction will cover all the school districts within the City. 
(b) The city schools division shall be headed by a City Schools Division
Superintendent who must posses the necessary qualifications required by the
DepED.
SEC. 49. The City Prosecution Service. – (a) There shall be established in the City, a 
city prosecution service to be headed by a City Prosecutor and such number of 
assistant city prosecutors, as may be necessary, who shall be organizationally part 
of the Department of Justice (DOJ), and under the supervision and control of the 
Secretary of Justice and whose qualifications, manner of appointment, rank, salary 
and benefits shall be governed by existing laws covering prosecutors in the DOJ. 
(b) The City Prosecutor shall handle the criminal prosecution in the municipal trial
courts in the City as well as in the regional trial courts for criminal cases originating in
the territory of the City, and shall render to or for the City such services as are required
by law, ordinance or regulation of the DOJ.
The Secretary of Justice shall always ensure the adequacy and the quality of 
prosecution service in the City and, for this purpose, shall, in the absence, lack or 
insufficiency in number of assistant city prosecutors as provided hereinabove, 
designate from among the assistant provincial prosecutors a sufficient number to 


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perform and discharge the functions of the City Prosecution Service as provided 
hereinabove. 
ARTICLE IX 
TRANSITORY AND FINAL PROVISIONS 
SEC. 50. Municipal Ordinances Existing at the Time of the Approval of this Act. – All 
municipal ordinances of the Municipality of Malay existing at the time of the approval 
of this Act shall continue to be in force within the City of Malay until the Sangguniang 
Panlungsod shall declare otherwise. 
SEC. 51. Plebiscite. – The City of Malay 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 Malay within one hundred 
twenty (120) days from the approval of this Act. The Commission on Elections 
(COMELEC) shall conduct and supervise such plebiscite. 
The expenses for the plebiscite shall be borne by the Municipality of Malay. 
SEC. 52. Officials of the City of Malay. – The present elective officials of the 
Municipality of Malay 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. Appointive officials and employees of the 
municipality shall likewise continue exercising their functions and duties and they 
shall be automatically absorbed by the city government of the City of Malay. 
SEC. 53. Succession Clause. – The City of Malay shall succeed to all the assets, 
properties, liabilities and obligations of the Municipality of Malay. 
SEC. 54. Election of Provincial Governor and Sangguniang Panlalawigan Members of 
the Province of Aklan. – The qualified voters of the City of Malay shall be qualified to 
vote and run for any elective position in the elections for provincial governor, 
provincial vice governor, Sangguniang Panlalawigan members and other elective 
officials for the Province of Aklan. 
SEC. 55. Jurisdiction of the Province of Aklan. – The City of Malay shall, unless 
otherwise provided by law, continue to be under the jurisdiction of the Province of 
Aklan. 
SEC. 56. Suspension of Increase in Rates of Local Taxes. – No increase in the rates 
of local taxes shall be imposed by the City within the period of five (5) years from its 
acquisition of corporate existence. 
SEC. 57. Legislative District. – Until otherwise provided by law, the City of Malay shall 
continue to be a part of the Sixth Legislative District of the Province of Aklan. 


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SEC. 58. Applicability of Laws. – The provisions of the Local Government Code of 
1991, as amended, other laws pertaining to the Province of Aklan and such laws as 
are applicable shall govern the City of Malay insofar as these are not inconsistent with 
the provisions of this Act. 
SEC. 59. Separability Clause. – If, for any reason or reasons, any part or provision of 
this Charter shall be held unconstitutional, invalid or inconsistent with the Local 
Government Code of 1991, as amended, the other parts or provisions hereof which 
are not affected thereby shall continue to be in full force and effect. 
SEC. 60. Effectivity. – This Act shall take effect fifteen (15) days after its complete 
publication in the Official Gazette or in a newspaper of general circulation. 
Approved,