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Republic of the Philippines

HOUSE OF REPRESENTATIVES ‘TIME:
By:
SEVENTEENTH CONGRESS M4 ide
First Regular Session REQISTRATION UNIT
House Bill No,__694 | BUWLS AND INDEX service

Introduced by Representative Gloria Macapagal-Arroyo

AN ACT CONVERTING THE MUNICIPALITY OF LUBAO, PAMPANGA INTO A
COMPONENT CITY TO BE KNOWN AS THE CITY OF LUBAO.

EXPLANATORY NOTE

‘The municipality of Lubao is a first class municipality in the province of Pampanga. It
was established in 1572 and was called “Baba” because of its low elevation. It was then translated
to Spanish: “Lo Bajo”, which in the course of time became “Lubao” when expressed by natives.

Lubao is traversed by two national roads which are the Mc Arthur Highway and the
Jose Abad Santos Avenue; and by two major rivers, namely, the Gumain River and Caulaman
River. The town is located on the south-western part of the province of Pampanga. It is bounded
by the municipality of Guagua on the North, by Samsuan on the East, Floridablanca on the West
and by the Municipality of Orani, Bataan on the south.

Lubao is the largest rice producing municipality in Pampanga. Its rice area is over six
thousand (6,000) hectares which produces more than fifty thousand (50,000) metric tons of rice
per year. Aside from rice, Lubao is also a big producer of corn with a production of over six
thousand (6,000) metric tons per year.

Agricultural development paired with sustainable coastal development is the most
feasible development scheme for Lubao. It also shows a very promising future in other sub-
sectors of agriculture, such as fishing, poultry and livestock raising.

In order to continue the path towards progress and development, this bill seeks to
convert the Municipality of Lubao in the Province of Pampanga into a component city to be
known as the City of Lubao.

Pursuant to Republic Act No. 7160, otherwise known as the Local Government Code of
1991, the Municipality of Lubao meets all the requirements for conversion into a component city.

First, the Municipality of Lubao has a locally generated annual income of at least One
Hundred Million Pesos (Php 100,000,000.00) for the last two (2) consecutive years. It has earned
an average of Two Hundred Forty Five Million Fifteen Thousand Seven Hundred Eighty Eight
Pesos (Php 245,015,788.00) for FY 2014 and FY 2015.

Second, it has a population of not less than one hundred fifty thousand (150,000)
inhabitants. It has forty four (44) barangays with a population of one hundred seventy seven
thousand one hundred forty five (177,145) as of year 2014.

Lastly, it exceeds the territorial minimum requirement of at least one hundred (100)


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square kilometers as it has fifteen thousand seven hundred thirty one (15,731) hectares of land
area.

In addition, the creation of the City of Lubao will not reduce the land area, population
and income of the original unit at the time of creation.

Lubao is one of the most progressive towns in the Province of Pampanga. It has
commercial and business establishments such as subdivisions, a leisure park, supermarkets,
banks, schools, hospitals, markets, and public transport and telecommunication systems. The
town has also produced two Presidents of the Republic.

‘The conversion of the Municipality of Lubao into a component city will provide more
opportunities for the town of Lubao to maximize its resources and therefore pave the way

towards sustainable growth and development which will be inclusive to all its inhabitants.

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

REP. ohn MACAPAGAL ARROYO
Second District, Pampanga


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Republic of the Philippines
HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
First Regular Session

House Bill No.__ 6 94

Introduced by Representative Gloria Macapagal-Arroyo

AN ACT CONVERTING THE MUNICIPALITY OF LUBAO, PAMPANGA INTO A
COMPONENT CITY TO BE KNOWN AS THE CITY OF LUBAO.

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

ARTICLE!
GENERAL PROVISIONS

SECTION 1. Title - This Act shall be known as the “Charter of the City of Lubao”

SEC. 2. The City of Lubao - The Municipality of Lubao is hereby converted into a
component city to be known as the City of Lubao, hereinafter referred to as the City, which
shall comprise of the present territory of the Municipality of Lubao, Province of Pampanga.

The foregoing provision shall be without prejudice to the resolution by the
appropriate agency or forum of any existing boundary disputes or cases involving questions of
territorial jurisdiction between the City of Lubao and its adjoining local government units:
Provided, that, the territorial jurisdiction of the disputed area or areas shall remain with the
local government unit which has existing administrative supervision over said area or areas
until 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 pertains to a municipal corporation to be exercised in conformity with the
provision of this Charter. The City shall have the following corporate powers:

a) To have continuous succession in its corporate name;

b) To sue and be sued;

©) To have and use a corporate seal;

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

e) Toenter into any contracts and/or agreements; and

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

SEC. 4. General Powers of the City - The city shall have a common seal and may
alter the same at pleasure. It shall exercise the powers to levy taxes; to close and open roads,
streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of
real and personal property for the general interests of the City; to appropriate or condemn
private property for public use; to contract and be contracted with, to sue and be sued; to
prosecute and defend to final judgment and executions suits wherein the City is involved or
interested in and to exercise all the powers as are granted to corporations or as hereinafter
granted.

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


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

SEC. 6. Liability for Damages - the City and its officials shall not be exempt from
liability for death or injury to persons or damage to property.

SEC. 7. Jurisdiction of the City - The jurisdiction of the City of Lubao, for police
purposes only, shall be coextensive with its territorial jurisdiction and for the purpose of
protecting and ensuring the purity of water supply in the City, such police jurisdiction shall
also extend over all territory within the drainage area of such water supply, or within one
hundred (100) meters of any reservoir, conduit, canal, aqueduct or pumping station used in
connection with the city water service.

The regional trial courts and the city courts of Lubao City shall have the concurrent
jurisdiction with the regional trial courts and the metropolitan trial courts or the city or
municipal trial courts of the adjoining municipalities over crimes and misdemeanors
committed within the said drainage area, or within an area of one hundred meters.

The court first taking jurisdiction of such offense shall thereafter retain exclusive
jurisdiction thereof. But any license that may be issued within the said zone, area or space shall
be granted by the proper authorities of the city or municipality concerned, and the fees arising
therefrom shall accrue to the treasury of the said city or municipality concerned and not to the
city.

ARTICLE II
CITY OFFICIALS IN GENERAL.

SEC. 8, The officials of Lubao City -

a) There shall be in the city: a city mayor, a city vice mayor, sangguniang
panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer and an
assistant city treasurer, a city assessor and an assistant city assessor, a city accountant, a city
budget officer, a city planning and development coordinator, a city engineer, a city health
officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and
development officer, a city veterinarian, a city general services officer, a city agriculturist and a
city cooperatives officer;

b) Inaddition thereto, the city mayor may appoint an environment and natural
resources officer, a city architect, a city information officer and a city population officer;

c) The City shall establish 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 school division to be headed by a city school
division superintendent, and a city prosecution service to be headed by a city prosecutor; and

d) The City may:

1) Maintain existing offices not mentioned in subsection (a) and (b) hereof;

2) Create such other offices as may be necessary to carry out the purpose of the city
government; or

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

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

ARTICLE III
THE CITY MAYOR AND VICE MAYOR

SEC. 9. The City Mayor ~


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‘A) The city mayor shall be the chief executive of the City. He shall be elected at large
by the qualified voters of the City. No person shall be eligible for the position of the city mayor
unless at the time of the election:

1) Heis at least twenty one (21) of age;

2) An actual resident of the City for at least one year prior to his election; and

3) A qualified voter herein.

He shall hold office for three (3) years, unless sooner removed, and shall receive a
minimum monthly compensation corresponding to salary grade thirty (30) as prescribed under
Republic Act No. 6758 and the implementing guidelines issued pursuant thereto and such
other compensation, emoluments and allowances as may be determined by law.

B) The city mayor, as the chief executive of the city government, shall exercise such
powers and perform such duties and functions as provided by the Local Government Code of
1991 and other laws;

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

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

(6) 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;

(c) 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;

(d) 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;

(c) Appoint all officials and employees whose salaries and wages are wholly or
mainly paid out of the city funds and whose appointments are not otherwise provided for in
this Act as well as those he may be authorized by law to appoint except those who are to be
appointed by the vice mayor as provided in Section 9 hereof;

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

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

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

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

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

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

(l) Furnish copies of executive orders issued by him to the office of the Governor
within 72 hours after the issuance;

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

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


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

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

(q) 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 availability of funds;

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

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

(t) Submit to the provincial governor the following reports: an annual report
containing a summary of all matters pertinent to the management, administration and
development of the city and all information and data relative to its political, social and
economic conditions; supplemental reports when unexpected events 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 powers as well as implement all approved policies, programs,
Projects, services and activities of the city and in addition shall:

(a) 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;

(b) Call conventions, conferences, seminars or meetings of elective or appointive
officials of the city, including provincial and national officials and employees stationed in or
assigned to the city, at such time and place and on such subject he may deem important for the
Promotion of the general welfare of the local government unit and its inhabitants;

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

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

(@) Actas the deputized representative of the National Police Commission, formulate
the peace and order of the City, upon its approval, implement the same; and as such exercise
the general and operational control and supervision over the police forces in the City in
accordance with Republic Act 6975; and

(f) Call upon the appropriate law enforcement agencies to suppress disorder, riot,
lawless violence, rebellion or sedition or apprehend violators of the law when public interest
‘0 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 the development plans, program objectives and priorities,
Particularly the resources and revenues programmed for agro-industrial development and
countryside growth and progress and relative thereto, shall:

(a) Require each head of an office or department to prepare and submit an estimate
of appropriations for the ensuing calendar year in the manner provided for under the Local
Government Code of 1991;

(b) 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;

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

(d) Issue licenses and permits and suspend or revoke the same for any violation of
the conditions upon which said license or permits had been issued pursuant to law and
ordinance. This also includes the issuance of licenses and permits to gambling operations
authorized by law subject to the ordinance of the sangguniang panlungsod;

(e) 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 and
shows contrary to law, public policy and public morals;

(6) Require owners of illegally constructed houses, buildings or other structures to
obtain the necessary permit subject to such fines and penalties as may be imposed by law or


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ordinance, or to make necessary changes in the construction of the same when said house,
building or structure within the period prescribed by law or ordinance;

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

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

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

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

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

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

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

SEC. 10. The City Vice Mayor - a) There shall be a vice mayor who shall be elected as
the same manner as the city mayor and shall at the time of his election possess the same
qualification as the city mayor. He shall hold office for three (3) years, unless sooner removed,
and shall receive a monthly compensation corresponding to salary grade twenty six (26) s
prescribed under Republic Act No, 6758 and the implementing guidelines issued pursuant
thereto, and such other compensation, emoluments and allowances as may be determined by
law.

b) The vice mayor shall:

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

2) Subject to civil service law, rules and regulations, appoint all officials and
employees including the secretary of the sangguniang panlungsod, and such employees of the
individual members of the sangguniang panlungsod, except those whose manner of
appointment is specifically provided for under existing laws;

3) Assume the office of the city mayor for the unexpired of the latter in the event of
permanent vacancy;

4) Exercise the powers and perform the duties and functions of the city mayor in
cases of temporary vacancy; and

5) Perform such other duties and functions and exercise such other powers as
provided for under republic Act 7160, otherwise known as the Local Government Code of 1991
and those that are prescribed by law or ordinance.

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

SEC. 11. The Sangguniang Panlungsod - The sangguniang panlungsod, the
legislative body of the City, shall be composed of the city vice mayor as presiding officer, ten
(10) regular sanggunian members, the president of the city chapter of the liga ng mga barangay
and the sectorial representatives, as members.

A) In addition thereto, there shall be three (3) sectorial representatives: one (1) from
the women; and as shall be determined by the sangguniang panlungsod with
ninety (90) days prior to the holding of the local elections, one (1) from the
agricultural or industrial workers; and one (1) from the other sectors, including
the urban poor, indigenous cultural communities or disabled persons.

B) The regular members of the sangguniang panlungsod and the sectoral
representative shall be elected in the manner as may be provided for by law. The
elective members of the sangguniang panlungsod shall possess the qualifications
as provided under Section 39 of Republic Act No. 7160.


©) They shall receive such compensation, emoluments and allowances as may be
determined by law.

D) The Sangguniang Panlungsod shall:

1) Approve the ordinances and pass resolutions necessary for an efficient and
effective city government, and relative hereto shall:

(a) 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;

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

(©) Approve ordinances imposing a fine not exceeding five thousand (5,000) pesos
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.

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

(e) Enact ordinances intended to prevent, suppress and impose appropriate
penalties for habitual drunkenness in public places, vagrancy, mendicancy,
Prostitution, establishment and maintenance of houses of ill-repute, gambling
and other prohibited games of chance, fraudulent devices and ways to obtain
money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and such other activities inimical to the
welfare and morals of the inhabitants of the City;

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

(8) Subject to the provision of the Local Government Code of 1991 and the pertinent
laws, determine the powers and duties of officials and employees of the City;

(h) Determine the positions and the salaries, wages, allowances and other

emoluments and benefits of officials and employees paid wholly or mainly from

city funds and provide for expenditures necessary for the proper conduct of

Programs, projects, services and activities of the city government;

Authorize the payment of compensation of a qualified person not in the

government service who fills up a temporary vacancy in a concurrent capacity at

the rate authorized by law;

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

(k) When finances of the city government allow, provide for additional allowances

and other benefits to judges, prosecutors, public elementary and high school

teachers, and other national government officials stationed in or assigned to the

City;

Provide legal assistance to city and barangay officials including the members of

the city police whom, in the performance of their official duties or in the occasion

thereof, have to initiate judicial proceedings or defend themselves against legal
actions. The sangguniang panlungsod may authorize the city mayor to engage
the services of private counsel for this purpose; and

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

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

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 inhabitants;

Subject to the provisions of Book I of the Local Government Code of 1991 and
the applicable laws, and upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinance levying taxes, fees and charges,
prescribing the rates thereof for general and specific purposes and granting tax
exemption, incentive or relief;

Subject to the provisions of Book Il the Local Government Code of 1991 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;

Subject to the provisions of Book II of the Local Government Code of 1991 and
applicable laws and upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinances authorizing the floating bonds or
other instruments of indebtedness, for the purpose of raising funds to finance
development projects;

Appropriate funds for the construction and maintenance or the rental of the
buildings for the use of the city and upon the majority vote of all the members of
the sangguniang panlungsod, authorize the city mayor to lease to private parties
such public buildings held in a proprietary capacity, subject to existing laws,
rules and regulations;

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

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

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

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

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 requires, said approval shall not be withheld for more than thirty (30)
days from receipt of the application. Failure to act on the application within the
period stated above shall be deemed as approval thereof;

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

Grant loans or provide grants to other local government units or to national,
provincial and city charitable benevolent or educational institutions provided
that, said institutions are operated and maintained within the City;

M) Regulates the numbering of residential, commercial and other buildings; and

N)
3)

A)

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

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


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

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

D) 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;

E) Any law to the contrary notwithstanding, authorizes and licenses the
establishment, operation and maintenance of cockpits, and regulates
cockfighting and commercial breeding of gamecocks. Provided, that existing
rights should not be prejudiced;

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

G) 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 as may be allowed by existing laws
provided that, cooperatives shall be given preference in the grant of such
franchise.

4) Regulate activities relative to the use of land, buildings and structures within the
City in order to promote the general welfare and for said purpose, shall:

A) Declare, prevent or abate any nuisance;

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

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

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

Regulate the establishment, operation and maintenance of cafes, restaurants,

beerhouses, hotels, motels, inns, pension houses, lodging houses and other

similar establishments, including tourist guides and transports;

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

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

H) Regulate the establishment, operation and maintenance of any entertainment or
amusement facilities, including the theatrical performances, circuses, billiard
pools, public dancing schools, public dance halls, sauna baths, massage parlors
and other paces for entertainment and 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;

1) Regulate the establishment, operation and maintenance of funeral parlors and

burial or cremation of the dead, subject to existing laws, rules and regulations;

and

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

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

E)


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

B) Establish markets, slaughterhouses, or animals 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;

C) Authorize the establishment, maintenance and operation by the city government
ferries, wharves, and other structure intended to accelerate productivity related
to marine and seashore or offshore activities;

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

E) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other
public places and approve the construction, improvement, repair and
maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately owned vehicles which serve the public;
regulate garages and operation of conveyances for hire; designate stands to be
occupied by public vehicles when not in use; regulate 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;

F) 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;

G) 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 water supply; regulate the construction, maintenance,
repair and use of hydrants, pumps, cistern and reservoirs; protect the purity and
quantity of the water supply of the City and, for this purpose, extend the
coverage of appropriate ordinances over all territory within the drainage area of
said water supply and within one hundred (100) meters of the reservoir, canal,
conduit, aqueduct, pumping station, or watershed used in connection with the
water service; and regulate the consumption, use of wastage of water and fix and
collect charges therefor;

H) Regulate the drilling and excavation pf the ground for 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;

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

J) Subject to the availability of funds and 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 Department of
Education, the Commission of Higher Education, or the Technical Education and
Skills Development Authority as the case maybe, and subject to existing laws
and tuition fees and to collect reasonable tuition fees and other school charges in
education institutions supported by the city government;

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

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

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

N) Provide for the care of disabled persons, paupers, the aged the sick, persons with
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 availability of


2

funds, establish and provide for the operation of centers and facilities for the said
needy and disadvantaged persons;

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

P) Appropriate funds to support the maintenance and improvement of the
provincial hospital within the City;

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

R) Establish a city council for the elderly which shall formulate policies and adopt
measures mutually beneficial to the elderly and to the community; provide

incentives for non-government agencies and entities and, subject to the

availability of funds, appropriate funds to support programs and projects for the
benefit of the elderly.

Perform such other duties and functions and exercise such other powers as

Provided for under Republic Act No. 7160, otherwise known as the Local

Government Code of 1991, and those that are prescribed by law or ordinance.

6)

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 cooperatives; the general jurisdiction of each committee; and the election of
the chairman and members of each committee;

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

3) The legislative process;

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

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

6) Such other rules as the sanggunian may adopt.

SEC. 13. Full disclosure of financial and business interests of Sangguniang
Panlungsod Members - a) Every sangguniang panlungsod member shall, upon assumption to
office, make full disclosure of his business and financial interests. He shall also disclose any
business, financial, professional relationship or any relation by affinity or consanguinity within
the fourth civil degree, which he may have with any person, firm or entity affected by any
ordinance or resolution under consideration by the sanggunian of which he is a member, when
relationship may result in conflict of interests. Such relationship shall include:

1) Ownership of stock or capital or investment in the entitiy or firm to which the

ordinance or resolution may apply; and

2) Contracts or agreements with any person or entity which the ordinance or

resolution under consideration may affect.

In the absence of specific constitutional or statutory provisions applicable to this
situation, “conflict of interest” refers in general to one where it may be reasonably deducted
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 judgement to the
prejudice of the service or the public.


13

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 is a member. The
disclosure shall, in all cases, form part of a record of the proceedings and shall be made in the
following manner:

1) Disclosure shall be made before the member participates in the deliberations on
the ordinance or resolution under consideration. Provided that, if the member did not
Participate during the deliberations, the disclosure shall be madde before voting on the
ordinance or resolution on second or 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 sessions. The minimum number of regular sessions shall be once a week for the
sangguniang panlungsod and twice a month for the sangguniang barangay.

b) When the public interest so demands, special sessions may be called by the city
mayor or by a majority of the members of the sanggunian.

6) All sanggunian sessions shall be open to the public unless a closed-door session is
ordered by an affirmative vote of a majority of the members present, there being a quorum, in
the public interest or for reason of security, decency or morality. No two 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 hours
before the special session is held.

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

©) The sanggunian shall keep a journal and record of its proceedings which may be
published upon resolution of the sangguniaang panlungsod.

SEC. 15. Quorum - a) A majority of the members of the sanggunian who have been
elected and qualified shall constitute a quorum to transact official business. Should a question
of quorum be raised during a session, the presiding officer shall immediately proceed to call
the roll of the members and thereafter announce the results.

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

) If there is still no quorum despite the enforcement of the immediately preceding,
subsection, no business shall be transacted. The presiding officer, upon proper motion duy
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
paanlungsod shall be presented to the city mayor. If the city mayor approves the same, he shall
affix his signature on each and every page thereof. Otherwise, he shall veto it and return the
same with his objections to the sanggunian which may proceed to reconsider the same. The
sanggunian may override the veto of the city mayor by two-thirds 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 he had signed it.

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 his reasons thereof in writing.

b) The city mayor shall have the power to veto any particular item or items of an
appropriations ordinance, and ordinance or resolution adopting a local development plan.
Any public investment program or an ordinance directing the payment of money or creating
liability. In such case, the veto shall 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


4

veto in the manner herein provided. Otherwise, the item or items in the appropriations
ordinance of the previous year corresponding to those vetoed, if any, shall be deemed enacted,

©) The city mayor may veto an ordinance or resolution only once. The sanggunian
may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby
making the ordinance effective 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 to the sangguniang panlungsod shall forward to the
sangguniang paanlalawigan for review, copies of approved ordinances and the resolutions
approving the local development plans and public investment programs formulated by the
local development councils.

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

©) If the sangguniang panlalawigan funds 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 shalll advise the corresponding city authorities of the action
it has taken.

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

SEC. 19. Review of barangay ordinances by the sanggunian 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 ordinance is consistent with law and city ordinances.

b) 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 made.

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

SEC. 21. Effectivity of ordinances and resolutions ~ a) Unless otherwise stated in the
ordinance or the resolution approving the local government plan and public investment
Program, the same shall take effect after ten (10) days from the date a copy thereof is posted in
a bulletin board at the entrance of the City Hall of Lubao, and in at least two (2) other
conspicuous places in the City.

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 of
Lubao, and in at least two conspicuous places in the City not later than five (5)
days after approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in Filipino
or English and in the language or dialect understood by the majority of the citizens; and the
secretary of the sangguniang panlungsod shall record such fact in a book kept for the purpose,
stating the dates of approval and posting.

©) The main features of the ordinance or resolution duly enacted shall, in addition

to being posted, be published once in a local newspaper of general circulation
within the City. Provided that in the absence thereof, the ordinance or resolution
shall be published in any newspaper of general circulation; Provided further that
the gist of all ordinances with penal sanctions shall also be published in a
newspaper of general circulation,


1s

ARTICLE VI
DISQUALIFICATION AND SUCCESSION FOR ELECTIVE CITY OFFICIALS

SEC. 22. Disqualifications for elective city officials - The following persons are not
qualified from running for any elective position in the City:

A) Those sentenced by final judgement for an offence involving moral turpitude or
an offence punishable by one (1) year or more imprisonment two (2) years after
serving sentence;

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 non-political 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; and

G) The insane or feeble-minded.

SEC. 23. Permanent vacancy in the office of the city mayor and city vice mayor-

a) Ifa permanent vacancy occurs in the office of the city mayor, the city vice mayor
shall become the city mayor. If a permanent vacancy occurs in the office of the
city vice mayor, the highest ranking sangguniang panlungsod member or, in case
of his permanent incapacity, the second highest ranking sangguniang
panlungsod member shall become the city mayor or vice mayor, as the case may
be. Subsequent vacancies in said office shall be filed automatically by the other
sanggunian members according to their ranking as defined herein.

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

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

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

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

SEC. 24. Permanent vacancies in the Sanggunian - a) Permanent vacancies in the
sangguniang panlungsod where automatic successions as provide above does not apply shall
be filled by appointments in the following manner:

1) The provincial governor shall make the aforesaid appointments;

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

3) Incase the permanent vacancy is caused by a sanggunian member who does not
belong to any political party, the city mayor shall, upon the recommendation of
the sangguniang panlungsod, appoint a qualified person to fill the vacancy; and

4) In case of vacancy in the representation of the youth and the barangay in the
sangguniang panlungsd, said vacancy shall be filled automatically by the official
next in rank of the organization concerned.

SEC. 25. Temporary vacancy in the office of the city mayor -
a) when the city mayor is temporarily incapacitated to perform his duties for
physical or legal reasons such as, but not limited to, leave of absence, travel abroad and


16

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 that he has reported back to the office
in case the temporary incapacity is due to legal cause, the city mayor shall also submit
necessary documents showing the said legal cause no longer exists.

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

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

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

ARTICLE VII
‘THE APPOINTIVE OFFICIALSS OF THE CITY:
THEIR QUALIFICATIONS, POWERS AND DUTIES

SEC. 26, The secretary of the sangguniang panlungsod.

a) _ There shall be a secretary of the sangguniang panlungsod who should 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 he is a citizen of the Philippines, a resident of the City of Lubao, of good moral
character, a holder of a master’s degree preferably in law, commerce or public administration
from a recognized college or university, and a first grade civil service eligible or its equivalent;

©) The secretary of the sangguniang panlungsod shall receive such
compensation, emoluments and allowances as may be determined by law;

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

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

proceedings;

2) Keep the seal of the City and affix the same with his signature to all

ordinances, resolution, and other official acts of the sangguniang panlungsod and

present the same to the presiding officer for his signature;

3) Forward to the city mayor, for approval, copes of ordinances enacted by the

sangguniang panlungsod duly certified by the presiding officer, in the manner as

provided for under the Local Government Code of 1991;

4) Forward to the sangguniang panlalawigan copies of duly approved

ordinances in the manner provided in Section 56 and 57 under Book I of the Local

Government Code of 1991;

5) Furnish, upon request of any interested party, certified copies of records of

Public character in hiss custody, upon payment to the city treasurer of such fees as

may be prescribed by ordinance;

6) __ Record ina book kept for the purpose, all ordinances and resolution enacted

or adopted by the sangguniang panlungsod, with the dates of passage and

publication thereof;

7) __ Keep his office and all non-confidential records therein open to the public

during usual business hours;

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

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


7

10) Exercise such other powers and perform such other duties and functions as may
be prescribed by law or ordinance relative to his position,

SEC. 27. The city treasurer

a) The city treasurer shall be appointed by the Secretary of Finance from a list
of at least three (3) ranking eligible applicants recommended by the city mayor, subject to the
civil service law, rules and regulations;
b) The city treasurer shall be under the administrative supervision of the city
‘mayor, to whom he shall report regularly on the tax collection efforts of the city.

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

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

allowances as may be determined by law;

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

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

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

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

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

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

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

SEC. 28. The assistant city treasurer

a) The assistant city treasurer may be appointed by the Secretary of Finance
from a least of at least three (3) ranking eligible applicants recommended by the city mayor,
subject to civil service law, rules and regulations;

b) _No person shalll be appointed as assistant city treasurer unless he is a citizen
of the Philippines, a resident of the City of Lubao, of good moral character, a holder of college
degree preferably in commerce, public administration or law from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired at
least three (3) years experience in treasury of accounting.

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

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

SEC. 29. The city assessor
a) __ The city assessor must be a citizen of the Philippines, a resident of the city of
Lubao, of good moral character, a holder of a degree preferably in civil or mechanical
engineering, commerce, or any other related course from a recognized college or university,
and a first grade civil service eligible or its equivalent. He must have acquired experience in
real property assessment work or in any related field for at least five (5) years immediately
preceding from the date of his appointment;
b) The city assessor shall receive such compensation, emoluments and allowances
as may be determined by law;
©) The city assessor shall take charge of the city assessor’ office, 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;

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 different classes of real properties
in accordance with the provisions of the Local Government Code of 1991;

9) Issue, upon request of any interested party, certified copies of assessment
records of real properties and all their 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, 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 assessment is the subject of the
appeal and present or submit any information or record in his possession as
may be required by the Board; and

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

6)

SEC. 30. The assistant city assessor

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

b) The assistant city assessor shall receive such compensation, emoluments and
allowances as may be determined by law; and
©) The assistant city assessor shall assist the city assessor and perform such

other duties as the latter may assign to him. He shall have the authority to administer oaths
and all declarations of real property for purposes of assessment.

SEC. 31. The city accountant
a) The city accountant must be a citizen of the Philippines, a resident of the
City of Lubao, of good moral character and a certified public accountant. He must have
acquired experience in the treasury or accounting service for at least five (5) years immediately
preceding the date of his appointment;
b) The city accountant shall receive such compensation, emoluments and
allowances as may be determined by law;
©) __ Thecity accountant shall take charge of both the office of the accounting and
internal audit services, and shall:
1) Install and maintain in internal audit system in the city;
2) Prepare and submit financial statements to the city mayor and to the
sangguniang panlungsod;
3) Appraise the sangguniang panlungsod and other officials on the financial
condition and operations of the City;
4) Certify the availability of budgetary allotment to which expenditures and
obligations may be properly charged;
5) Review supporting documents before preparation of vouchers to determine the
completeness of requirements;
6) Prepare statements of cash advances, liquidations, salaries, allowances,
reimbursements and remittances pertaining to the city;
7) Prepare statements of journal vouchers and liquidations of the same and other
adjustments related thereto;


19

8) Post individual disbursements to the subsidiary ledger and index cards;

9) Maintain individual ledgers for official and employees of the City pertaining to
payrolls and deductions;

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

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

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

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

SEC. 32. The city budget officer
a) _ The city budget officer must be a citizen of the Philippines, a resident of the
City of Lubao, of good moral character, a holder of a college degree preferably in accounting,
economics, public administration, or any related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired
experience in government budgeting or in any related field for at least five (5) years preceding
the date of his appointment;
b) The city budget officer shall receive such compensation, emoluments and
allowances as may be determined by law;
©) _ Thecity budget officer shall take charge of the city budget office, and shall:
1) Prepare forms, orders and circulars embodying instructions on budgetary and
appropriation matters for the signature of the city mayors;
2) Review and consolidate the budget proposals of different departments and
offices of the city;
3) Assist the city mayor in the preparation of the budget and during budget
hearings;
4) Study and evaluate budgetary implications of proposed legislation and submit
comments and recommendations thereon;
5) Submit periodic budgetary reports to the Department of Budget and
Management;
6) Coordinate with the city treasurer , the city accountant and the city planning
and development coordinator for the purpose of budgeting;
7) Assist the sangguniang panlungsod in reviewing the approved budgets of
component local government unit
8) Coordinate with the city planning and development coordinator in the
formulation of the development plan of the City; and
9) Perform such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law and ordinance.

SEC. 33. The city planning and development coordinator
a) The city planning and development coordinator must be a citizen of the
Philippines, a resident of the City of Lubao, of good moral character, a holder of college degree
preferably in urban planning, development studies, economics, public administration, or any
related course from a recognize college or university, a first grade civil service eligible or its
equivalent. He must have acquired at least five (5) years immediately preceding the date of his
appointment;
b) The city planning and development coordinator shall receive such
compensation, emoluments, and allowances as may be determined by law;
©) Thecity planning and development coordinator shall take charge of the city
planning and development coordinating office, and shall:
1) Formulate integrated economic, social, physical and other development plans
and policies for consideration of the City;
2) Conduct continuing studies, researches and training programs necessary to
evolve plans and programs for implementation;
3) Integrate and coordinate all sectoral plans and studies undertaken by the
different functional groups or agencies;


20

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

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

6) Analyze the income and expenditure patterns and formulate and recommend
fiscal plans and policies for consideration of the finance committee of the City as
provided for under the Local Government Code of 1991;

7) Promote people participation in development planning within the City;

8) Exercise supervision and control over the secretariat of the Local Development

Council; and

Perform such other functions and duties and exercise such other powers as

provided for under Republic Act No. 7160, otherwise known as the Local

Government Code of 1991 and those that are prescribed by law or ordinance.

9)

SEC. 34, The city engineer

a) _The city engineer must be a citizen of the Philippines, a resident of the City
of Lubao, of good moral character and a licensed civil engineer. He must have acquired
experience in the practice of his profession for at least five (6) years immediately preceding the
date of his appointment;

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

©) __Thecity 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 and

development and public works in general of the City;

Advise the city mayor on infrastructure, public works and other engineering

matters;

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

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

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

2)

SEC. 35. The city health officer
a) The city health officer must be a citizen of the Philippines, a resident of the
City of Lubao, of good moral character and a licensed medical practitioner. He must have
acquired experience in the practice of his profession for at least five (5) years immediately
preceding the date of his appointment;
b) The city health officer shall receive such compensation, emoluments and
allowances as may be determined by law;
©) __ Thecity health officer shall take charge of the city health services, and shall:
1) Supervise the personnel and staff of the said office, formulate program
implementation guidelines and rules and regulations for the operation of the
said office for the approval of the city mayor in order to assist him in the
efficient, effective and economical implementation of health service program
geared to implement health-related projects and activities;
Formulate measures for the consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out
activities to insure the delivery of basic services and provisions of adequate
facilities relative to health services provided under section 17 of the Local
Government Code of 1991;
Develop plans and strategies and upon approval thereof by the city mayor,
implement the same, particularly those which have to do with health programs
and projects which the city mayor is empowered to provide under the Local
Government Code of 1991;
4) In addition to the foregoing duties and functions, the City health officer shall:
a) Formulate and implement policies, plans and projects to promote health of
the people in the city;

2)

3)


21

b) Advise the city mayor and the sangguniang panlungsod on matter
pertaining to health;;
©) Execute and enforce all laws, ordinances and regulations relating to public
health;
d) Recommend to the sangguniang panlungsod through the Local Health
Board the passage of such ordinances as he may deem necessary for the
preservation of public health;
Recommend the prosecution of any violation of sanitary laws, ordinances or
regulations;
f) Direct the sanitary inspection of all business establishment selling food items
or providing accommodation such hotels, motels, lodging houses, pension
houses, and the like, in accordance with the Sanitation Code;
Conduct health information campaigns and render health intelligence
services;
h) Coordinate with other government agencies and non-government
organizations involved in the promotion and delivery of health services;
5) Bein the front line of the delivery of health services, particularly during and
in the aftermath of man-made and natural disasters and calamities; and
6) Perform such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or ordinance.

e)

8)

SEC. 36. The city civil registrar

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

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

c) ___ The city civil registrar shall be responsible for the civil registration program
in the City of Lubao, 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 management
administration-related programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide for under the Local Government Code of 1991;

2) Inaddition to the foregoing duties and function, the civil registrar shi

a) Accept alll registrable documents and judicial decrees affecting the civil status of
persons;

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

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

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

e) Issue certificates transcript or copies of any certificate or registered documents
upon payment of the required fees to the treasurer;

f) Receive applications for the issuance of a marriage license and, after
determining that the requirements and supporting certificates and publication
thereof for the prescribed period have been complied with, issue the license
upon payment of the authorize fee to the treasurer;

8) Coordinate with the National Census and Statistics Office in conducting
educational campaigns for vital registration and assist in the preparation of
demographic and other statistics for the City of Lubao; and

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



2

SEC. 37. The city administrator

a) _ The city administration must be a citizen of the Philippines, a resident of the
city of Lubao, of good moral character, a holder of a college degree, preferably in public
administration, law, or any related course from a recognized college or university, a first grade
civil service eligible or its equivalent. He must have acquired experience in management and
administrative work for at least five (5) years immediately preceding the date of his
appointment;

b) The term of administrator is coterminous with that of his appointing authority;

) 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 management and
administration-related programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide for under the Local Government Code of 1991;

2) Inaddition to the foregoing duties and functions, the city administrator shall:

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

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

©) Conduct a continuing organization organizational development of the city with
the end in view of instituting effective administrative reforms;

d) Be in the front line of the delivery of administrative support services,
particularly those related to the situations during and in the aftermath of man-
made and natural disaster and calamities;

3) Recommend to the sangguniang panlungsod and advise the city mayor on

all matters relative to the management and administration of the City; and

4) Perform such other duties and functions and exercise such other powers as

provided for under Republic Act No. 7160, otherwise known as the Local Government Code of
1991, and those that are prescribed by law or ordinance.

SEC. 38. The city legal officer

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

b) _ The term of the legal officer shall be coterminous with tha of his appointing
authority;

c) The legal city officer shall receive such compensation, emoluments and
allowances as may be determined by law;

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

1) Formulate measures for the consideration of the sangguniang panlungsod and
provide legal assistance and support to the city mayor in carrying out the
delivery of basic services and provision of adequate facilities;

Develop plans and strategies and upon approval thereof by the city mayor,

implement the same, particularly those which have to do with the programs and

projects related to legal services which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide

under the Local Government Code of 1991;

In addition to the foregoing duties and functions, the city legal officer shall;

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

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

2)

3)


23

°)

Render his opinion in writing on any question of law when requested to do

so by the city mayor or sanggunian;

Investigate or cause to be investigated any local official or employee for

administrative neglect or misconduct in office and recommend the

appropriate action to the city mayor or sanggunian, as the case may be;

When directed by the city mayor or sanggunian, initiate or prosecute, in the

interest of the City, and civil action on any bond, leases or other contract

upon breach or violation thereof; and
£) Review and submit recommendations on ordinances approved and
executive orders issued by component units;

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

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

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

d)

e)

SEC. 39, The city social welfare and development officer

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

b) The city socials welfare and development officer shall receive such
compensation, emoluments and allowances as may be determined by law;

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

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

Develop plans and strategies and upon approval thereof by the city mayor,

implement the same particularly those which have to do with social welfare

programs and projects which the city mayor is empowered to implement and
which the sangguniang panlungsod is empowered to provide;

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

4) Recommend to the sangguniang panlungsod and advise the city mayor on all
matters related to social welfare and development services which will improve

the livelihood conditions of the inhabitants; and

Perform such other duties and functions and exercise such other powers as

provided for under Republic Act No. 7160, otherwise known as the Local

Government Code of 1991, and those that are prescribed by law or ordinance.

2)

5)

SEC. 40. The city veterinarian

a) The city veterinarian must be a citizen of the Philippines, a resident of the
City of Lubao, of good moral character, and a licensed doctor of veterinary medicine. He must
have practiced his profession for at least three (3) years immediately preceding the date of his
appointment;

b) The city veterinarian shall receive such compensation, emoluments and
allowances as may be determined by law;
©) The city veterinarian shall take charge of the office of veterinary services,

and shall:

1) Formulate measures for consideration of the sangguniang paanlungsod and
provide technical assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and provisions of adequate
facilities;


24

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;

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

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

b) Regulate the keeping of domestic animals;

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

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

e) Take the necessary measure to eradicate, prevent or cure all forms of animal
diseases.

3)

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

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

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

SEC 41, ‘The City General Services Officer

a.) The city general service officer must be a citizen of the Philippines, a resident of the
city of Lubao, of good moral character, a holder of the college degree in public administration,
business administration and management from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired experience in general
services, including management of supply, solid waste disposal and general sanitation for at least
five (6) years immediately preceding the date of his appointment.

b,) The city general services officer shall receive such compensation, emoluments and
allowances as maybe 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 carrying out measures to ensure the
delivery of the basic services and provision of adequate facilities which require general services
expertise and technical support services;

2) Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with the general services supportive if
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 under the Local Government Code
of 1991;

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

a.) Take custody of and be accountable for all properties, real and personal, owned by

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

b,) With the approval of the city mayor, assign building or land to local officials or

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


25

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

d.) Recommend to the city mayor reasonable rental of rates of private properties which
may be leased for the official used of the city;

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

£. Collate and disseminated information regarding prices, shipping and other costs of
supplies and other items commonly used by the City;

g;) Perform archival and record management with respect to the records of office s and
departments of the City

h.) 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;

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

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

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

SEC. 42. The City Agriculturist

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

b,) The city agriculturist shall receive such compensation, emoluments and allowances
as maybe determined by law;

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

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

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

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

a.) Ensure that maximum assistance and access to resources in the production,
processing and marketing of agricultural and aquacultural and marine products are extended to
farmers, fisherfolk, and local entrepreneurs;

b,) 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 disease and pests, and
other agricultural matters which will maximize productivity;

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

d.) Enforce rules and regulations relating to agriculture and aquaculture;


26

e.) Coordinate with government agencies and non-government organizations which
promote agricultural productivity through appropriate technology compatible with
environmental integrity;

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

5.) Recommend to the Sangguniang Panlungsod and advice the city mayor on all
other matters related to agriculture which will improve the livelihood and living conditions of
the inhabitants, and

6.) Perform such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local Government Code of
1991, and those that are prescribe 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 Lubao, of good moral character, a holder of a college degree preferably in business
administration with special training on cooperatives or any related course from a recognized
college or university, and a first grade civil service eligible or its equivalent. He must have
experience on cooperatives development for at least five (5) years immediately preceding the
date of his appointment.

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

©) The city cooperatives officer shall take charge of the office for the development of
cooperatives, and shall:

1) Formulate measures for consideration of the Sangguniang Panlungsod and
provide technical assistance and support to the city mayor in carrying out measures to ensure the
delivery of basic services and provisions of facilities through the development of cooperatives,
and in providing access to such services and facilities;

2) Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with integration of cooperatives
principles and methods in programs which the city mayor id empowered to implement and
which the Sangguniang Panlungsod is empowered to provide for under the Local Government
Code of 1991;

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

a.) Assist the organization of cooperatives;

b.) Provide technical and other forms of existing cooperatives to enhance their
viability as an economic enterprise and social organization.

©.) Assist cooperatives in establishing linkages with government agencies and non-
government organizations involve in the promotion and integration of the concept of
cooperatives in the livelihood of the people and other community activities.

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

5.) Recommend to the Sangguniang Panlungsod and advice to the city mayor on all
other matters relative to cooperatives development and viability enhancement which will
improve the livelihood and quality of life of the inhabitants, and

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

SEC 44. 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 Lubao, of good moral character, a holder of a college degree


a

Preferably in forestry, environment, agriculture or any related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. He must have acquired
experience in the environment and natural resources management, conservation and utilization
work for at least five (5) years immediately preceding the date of his appointment.

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

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

1) Formulate measures for consideration of the Sangguniang Panlungsod and
Provide assistance and support to the city mayor in carrying out measures to ensure the delivery
of basic services and provisions to adequate facilities relative to environment and natural
resources services as provided for under Section 17 of the Local Government ‘Code of 1991;

2) Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with environment and natural
Tesources programs and projects which the city mayor is empowered to implement and which
the Sangguniang Panlungsod is empowered to provide for under the Local Government Code of
1991;

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

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

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

©) Promote small-scale mining and utilization of mineral resources, particularly
mining of gold, and;

d.) Coordinate with government agencies and non-government organizations in the
implementation of measures to prevent and control land, air and water pollutions with the
assistance of the Department if Environment and Natural Resources;

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

5.) Recommend to the Sangguniang Panlungsod and advice the city mayor on all
matters relative to the protection of, conservation, maximum utilization, application of
appropriate technology and other matters related to the environment resources; and

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

SEC. 45. The City Architect

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

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

c.) The city architect shall take charge of the office on architectural planning and
design, and shall:

1) Formulate measures for consideration of the Sangguniang Panlungsod and
provide assistance and support to the city mayor in carrying out measures to ensure the delivery
of basic services and provisions to adequate facilities relative to architectural planning and
design;

2.) Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with architectural planning and design


28

programs and projects which the city mayor id empowered to implement and which the
Sangguniang Panlungsod is empowered to provide for under the Local Government Code of
1991;

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

a.) Prepare and recommend for reconsideration for the Sangguniang Panglunsod the
architectural plan and design to the City or part thereof, including the renewal of slums and
blighted areas, land reclamation activities, the greening of land, and appropriate planning of
marine and foreshore areas;

b.) Review and recommend for appropriate action of the Sangguniang Panlungsod or
the city mayor as the case may be, the architectural plans and design submitted by the
governmental and non-governmental entities or individuals, particularly those for undeveloped,
underdeveloped and poorly design areas;

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

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

5.) Recommend to the Sangguniang Panlungsod and advice the city mayor on all
matters relative to the architectural planning and design as in it relates to the total
socioeconomic development of the City; and

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

SEC. 46. The City Information Officer

a.) The city information officer must be a citizen of the Philippines, a resident of the
City of Lubao, of good moral character, a holder of a college degree preferably in journalism,
mass communication or any related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have experience in writing articles,
research papers, or writing for print, television or broadcast media at least three (3) years
immediately preceding the date of his appointment;

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

c) The city information officer shall take charge of the office for public information;
and shall:

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

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

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

a.) Provide relevant, adequate and timely information to the city and its residents;

b) Furnish information and data on the City to government agencies or offices as
may be required by law or ordinance, and non-governmental organizations to be furnished to
said agencies and organizations

c.) Maintain effective liaison with 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;

4.) Be in the frontline in providing information during and in the aftermath of man-
made or natural disasters and calamities with special attention to the victim thereof, to help


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minimize injuries and casualties during and after the emergency, and to accelerate relief and
rehabilitation;

5.) Recommend to the Sangguniang Panlungsod and advice the city mayor on all
matters relative to public information and research data as it relates to the total socioeconomic
development of the City; and

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

SEC. 47. The City Population Officer

The city population officer must be a citizen of the Philippines, a resident of the City
of Lubao, of good moral character, a holder of a college degree preferably with specialized
training in population development from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have experience in the implementation of
Programs or population development or responsible parenthood for at least five (5) years
immediately preceding the date of his appointment;

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

©) The city population officer shall take charge of the office for population
development; and shall:

1,) Formulate measures for consideration of the Sangguniang Panlungsod and to
provide assistance and support to the city mayor in carrying out measures to ensure the
population development and principles and in providing access to said services and facilities;

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

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

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

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

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

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

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

SEC. 48. 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 Interior and Local Government. The City shall
provide the necessary land or site of the station.

b,) The city fire station service shall be headed by a city fire marshal whose
qualifications shall be as those provided for under Republic Act No. 6975, otherwise known as
the Philippine National Police Law.


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

SEC. 49. The City Jail Service

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

b) The city jail service shall be headed by a jail warden who must be a graduate of a
four year course in psychology, psychiatry, sociology, nursing, social work or criminology who
shall assist in the immediate rehabilitation of individuals or detention of prisoners. Grest cara
‘ust be exercise so that human rights of these prisoners are respected and protected, and their
physical and well-being are properly and promptly attended to.

SEC. 50. The City School Division

a.) The Department of Education shall establish and maintain a school division of
the City of Lubao whose area of jurisdiction will cover all the school districts within the City;
and

b,) The city school division shall be headed by a division superintendent who must
Possess the necessary qualifications required by the Department of Education,

SEC. 51. The City Prosecution Office

2) There shall be established in the City a prosecution service to be headed by a city
Prosecutor and such number assistant prosecutors as may be necessary, who shall be
organizationally part of the Department of Justice, 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 by laws covering prosecutors in the Department of Justice.

b,) The city prosecutor shall handle the criminal in the municipal trial courts in the
City as well as in the regional trial courts for criminal case originating in the territory of the City,
and shall render to or for the City such services as re required by law, ordinance or regulations of
the Department of Justice.

©) The Secretary of Justice shall always assure the adequacy and quality of
Prosecution service in the City and for this purpose, shall, in the absence or lack or insufficiency
in number of the assistant city assistant prosecutors as provided hereinabove.

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

SEC. 52. Municipal Ordinances Existing at the Time of the Approval of this Act. All
‘municipal ordinances of the Municipality of Lubao existing at the time of the approval of this Act
shall continue to be in force within the City of Lubao until the Sangguniang Panlungsod shall
provide otherwise,

SEC. 53. Plebiscite - The City of Lubao shall require corporate existence upon the
ratification of its creation by the majority of votes cast by the qualified voters in a plebiscite to be
conducted in the present Municipality of Lubao within thirty (30) days from the approval of this
Act: The expenses for such plebiscite shall be borne by the Municipality of Lubao, The
Commission on Elections shall conduct and supervise such plebiscite.

SEC. 54. Officials of the city of Lubao - The present elective officials of the Municipality
of Lubao shall continue to exercise their powers and functions until such a time that a new
election is held and the duly elected officials shall have already qualified and assumed their
offices. The appointive officials and employees of the Municipality of Lubao shall likewise


BT

continue exercising their functions and duties and they shall be automatically absorbed by the
City Government of Lubao.

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

SEC. 56. Election of Provincial Governor and Sangguniang Panlalawigan Members of the
Province of Pampanga - The qualified voters of the City of Lubao shall qualify to vote and run for
any elective position in the election for provincial governor, provincial vice-governor,
Sangguniang Panlalawigan members and other elective offices for the Province of Pampanga.

SEC. 57. Jurisdiction of the Province of Pampanga - The City of Lubao shall, unless
otherwise provided by law, continue to be under the jurisdiction of Pampanga Province.

‘SEC. 58. Suspension of Increase in Rates of Local Taxes ~ No increase in the rates of local
taxes shall be imposed by the City within the period of five (5) years from its acquisition of
corporate existence.

SEC. 59. Representative District ~ Unless otherwise provided by law, the City of Lubao
shall continue to be part of the Second Congressional District of Pampanga.

SEC. 60. Applicability of Laws - The provisions of Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, and such laws as are applicable to component
cities shall govern the City of Lubao in so far as they are inconsistent with the provisions of this
Act.

SEC. 61. Separability Clause - If, for any reason or reasons, any part or provisions of
this Charter shall be held unconstitutional, invalid or inconsistent with the Local Government
Code of 1991, other parts or provisions hereof which are not affected thereby shall continue to be
in full force and in effect. Moreover, in cases where this Charter is silent or unclear, the pertinent
provisions of the Local Government Code shall govern, if so provided therein.

SEC. 63. Reserontion ~ Nothing herein contained shall preclude the determination by
the appropriate agency of forum of boundary disputes or cases involving questions of territorial
jurisdiction between the City of Lubao and any of the adjoining government units even after the
effectivity of this Act.

SEC. 64. Repealing Clause - All laws, decrees, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly.

SEC. 65. Effectivity - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general and local circulations.

Approved,