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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No__5077

Introduced by HON. ELENITA MILAGROS “EILEEN” ERMITA-BUHAIN:

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Calaca into a component city of
the Province of Batangas, to be known as the City of Calaca.

From a sleepy backwater 4" class municipality in the 80's to the early 90's, the
growth trajectory of Calaca has been in the upward trend, helped in significant
degrees by its strategic location.

Now a first class municipality, it has consistently proven its economic viability
and stability and has consistently responded to the growing needs of its constituents.
Calaca is located in 132.56" latitude and 1202 49° longitude at the southwestern mouth
of Luzon island along the western part of Batangas Province. It is situated East of the
Municipalities of Balayan, Tuy and Nasugbu, West of the Municipalities of Lemery and
Laurel and North of Balayan Bay.

It is gradually emerging as the center of trade and commerce of the First
District of Batangas. Driven by an aggressive agricultural and industrial development
strategy, the municipality seeks to achieve a growth agenda that addresses
urbanization needs, enhancing tourism potentials, and integrating environmental
management system and increased agricultural capability and industrial capacity in
the context of national and regional development thrusts.

Its urbanized industry has been continuously experiencing growth and this
sector has been tremendously boosted by the establishment of major industries, like,
SEM-Calaca Power Corporation which operates a 600 MW coal fired power plant,
Phoenix Petroterminals and Industrial Park Corp (PPIPC) a subsidiary of Phoenix
Petroleum Philippines, which operates a port facility that enables the locators to
accept more shipments to their business, and other locators that are now at various
stages of construction and some completed. As such, the municipality has been
maximizing its strategic geographical location and natural endowments to push its
development agenda. Given these factors, it is logical that Calaca has grown to be a
dynamic, first-class municipality.


Pursuant to the provisions of Republic Act No. 7160, otherwise known as the
Local Government Code of the Philippines, as amended, the Municipality of Calaca has
satisfied the income and area requirements for conversion into a component city
despite failing to meet the minimum population requirement of 150,000 required
under R.A. 9009.

First, the Municipality of Calaca has a locally generated average annual income
for Fiscal Years (FYs) 2015 and 2016, for the purpose of conversion into a component
city, of one hundred six million eighty nine thousand pesos (Php106,089,000.00) in
excess of the minimum requirement of one hundred million pesos
(Php100,000,000.00) for the last two (2) consecutive years as certified by the
Department of Finance — Bureau of Local Government Finance.

Second, the Municipality of Calaca has a land area of ten thousand five
hundred forty hectares (10,540 Has.) or 105.40 Sq. Km. which meets the minimum
requirement of 100 sq. km. as per Rule ll, Art. I! (2) of the IRR of R.A. 7160 for
conversion into a component city, as certified by the Department of Environment and
Natural Resources — Land Management Bureau (DENR-LMB).

As the Municipality of Calaca continues to strive towards the path of progress
and sustainable growth, this development trajectory should thus be complemented
by the move to convert the municipality into a city that it truly deserves to be.

Approval of this measure is thus earnestly sought.

ELENITA wie “EILEEN” ERMITA-BUHAIN


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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No,_5077

Introduced by HON. ELENITA MILAGROS “EILEEN” ERMITA-BUHAIN

“AN ACT CONVERTING THE MUNICIPALITY OF CALACA IN THE PROVINCE OF
BATANGAS INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF CALACA.”

Be it enacted by the Senate and 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
Calaca."

SEC. 2. The City of Calaca- The Municipality of Calaca shall be converted into
a component city to be known as the City of Calaca, hereinafter referred to as the City,
which shall comprise the present jurisdiction of the Municipality of Calaca, Province
of Batangas.

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

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

SEC. 3. Corporate Powers of the City — The City constitutes a political body
corporate and as such is endowed with the attributes of perpetual succession and
possessed of the powers which 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 a continuous succession in its corporate name;
(b) To sue and be sued;

(c) To have and use a corporate seal;

(d) To acquire, hold and convey real or personal property;
(e) To enter into any contracts and/or agreements; and

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

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

Within its territorial jurisdiction, the City shall ensure and support, among
other things, the preservation and enrichment of 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, for police purposes
only, shall be coextensive with its territorial jurisdiction and for the purpose of
protecting and ensuring the purity of the water supply of the City, such police


jurisdiction shall also extend over all the territory within the drainage area of such
water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal,
aqueduct or pumping station used in connection with the city water service.

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

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

ARTICLE Il
CITY OFFICIALS IN GENERAL

SEC. 8. The Officials of the City of Calaca — (a) There shall be in the City of
Calaca: a City Mayor, a City Vice Mayor, Sangguniang Panlungsod members, a
secretary to the Sangguniang Panlungsod, a city treasurer and an assistant city
treasurer, a city assessor and an assistant city assessor, a city accountant, a city budget
officer, a city planning and development officer, a city engineer, a city health officer,
a city civil registrar, a city administrator, a city legal officer, a city social welfare and
development officer, a city veterinarian and a city general services officer.

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

(c) There shall be established in the City a city fire station to be headed by a

__ city fire marshal, a city jail to be headed by a city jail warden, a city schools division to

be headed by a city school division superintendent, and a city prosecution service to
be headed by a city prosecutor; and

(d) The Sangguniang Panlungsod may:

(1) Maintain existing offices not mentioned in subsections (a) and (b)
hereof,


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

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

(e) Unless otherwise provided herein, heads of departments and offices shall
be appointed by the City Mayor with the concurrence of the majority of all the
Sangguniang Panlungsod members, subject to civil service 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.

(f Elective and appointive city officials shall receive compensation, allowances
and other emoluments as may be determined by law or ordinances, subject to the
budgetary limitations on personal services prescribed under Title Five, Book Il of the
Local Government Code of 1991, as amended: Provided, That no increase in the
compensation of the City Mayor, City Vice Mayor and the Sangguniang Panlungsod
member shall take effect until after the expiration of the full term of the local officials
approving the increase.

ARTICLE II
‘THE CITY MAYOR AND CITY VICE MAYOR

SEC. 9. The City Mayor — (a) The City Mayor shall be the chief executive of the
City and shall be elected at large by the qualified voters of the City. No person shall
be eligible for the position of City Mayor unless at the time of the election:

(1) He is at least twenty-one (21) years of age;

(2) A resident of the City for at least one (1) year immediately
preceding the day of the election; and

(3) A qualified registered voter therein and is able to read and write
Filipino or any local language or dialect.

He shall hold office for three (3) years, unless sooner removed, but shall serve

__ for not more than three (3) consecutive terms in the same position. The City Mayor

shall receive a minimum monthly compensation corresponding to Salary Grade thirty

(30) as prescribed under Republic Act No. 6758, as amended, otherwise known as the

“Compensation and Position Classification Act of 1989”, and the implementing

guidelines issued pursuant thereto 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 for by the
Local Government Code of 1991, as amended, this Act and other laws.


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

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

10)

(ii)

(iii)

(iv)

)

(vi)

(vii)

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

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;

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;

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

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

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

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


(ix)

(x)

(xi)

(xii)

(xiii)

(xiv)

(xv)

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

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

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

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

Furnish copies of executive orders issued by him to the
office of the provincial governor within seventy-two (72)
hours after their issuance;

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

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

Authorize official trips of city officials and employees
outside of the City for a period not exceeding thirty (30)
days: Provided, that trips abroad for a longer period may


be authorized in accordance with the Local Government
Code of 1991, as amended;

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

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

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

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

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

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

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


(ii) Call conventions, conferences, seminars or meetings of
elective or appointive officials of the City, including
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;

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

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

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

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

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

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

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

10


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

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

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

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

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

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

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

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

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

1


repair of the roads and bridges of the City and of the
province; and,

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

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

(d) During the incumbency of the City Mayor, he or she shall hold office in the
City Hall.

SEC. 10. The City Vice Mayor — (a) There shall be a City Vice Mayor who shall
be elected in the same manner as the City Mayor and shall at the time of his election
possess the same qualifications as the City Mayor. The City Vice Mayor shall hold
office for three (3) years, unless sooner removed, and shall receive a monthly
compensation corresponding to salary grade twenty-six (26) as prescribed under
Republic Act No. 6758, otherwise known as the “Compensation and Position
Classification Act of 1989” and the implementing guidelines issued pursuant thereto,
and such other compensation, emoluments and allowances as may be determined by
law.

(b) The City Vice Mayor shall exercise the following duties:

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

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

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

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

(5) Perform such other duties and functions, and exercise such other
powers as provided for under Republic Act No. 7160, otherwise

12


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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

SEC. 11. Composition (a) The Sangguniang Panlungsod, the legislative body
of the City, shall be composed of the City Vice Mayor as the presiding officer, ten (10)
regular Sanggunian members, the President of the city chapter of the Liga ng mga
Barangay, the President of the Panlungsod na Pederasyon ng mga Sangguniang
Kabataan and the three (3) sectoral representatives, who shall come from the
following sectors, as members: one (1) from the women sector; and, as shall be
determined by the Sangguniang Panlungsod within ninety (90) days prior to the
holding of the local elections; one (1) from the agricultural or industrial workers
sector; and one (1) from the other sectors, including the urban poor, indigenous
cultural communities or persons with disabilities (PWDs).

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

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

Sec. 12. Powers, Duties, Functions and Compensation (a) The Sangguniang
Panlungsod, as the legislative body of the City, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the City and its
inhabitants pursuant to Section 16 of the Local Government Code of 1991, as
amended, and in the proper exercise of the corporate powers of the City as provided
for under Section 22 of the Local Government Code, as amended, and shall:

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

i. Review all ordinances approved by the Sangguniang
Barangay and executive orders issued by the Punong
Barangay to determine whether these are within the scope
of the prescribed powers of the Sangguniang Barangay and
of the Punong Barangay;

ji, Maintain peace and order by enacting measures to prevent
and suppress lawlessness, disorder, riot, violence, rebellion

13


vi.

vii.

vill.

or sedition and impose penalties for the violation of said
ordinances;

Approve ordinances imposing a fine not exceeding Five
thousand pesos (P5,000) 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;

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

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;

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

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

Consistent with the Salary Standardization Law, determine
the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid
wholly or mainly from city funds and provide for

14


xi.

xii,

xiii.

expenditures necessary for the proper conduct of programs,
Projects, services and activities of the city government;

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

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

When the finances of the city 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 barangay officials who, in the
performance of their official duties or on the occasion
thereof, have to initiate judicial proceedings or defend
themselves against legal actions; and

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

(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the City, as provided
for under the Local Government Code of 1991, as amended, with particular
attention to agro-industrial development and 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 and its inhabitants;

15


vi.

vii.

i. Subject to the provisions of Book I of the Local Government

Code of 1991, as amended, and applicable laws and upon
the majority vote of all the members of the Sangguniang
Panlungsod, enact ordinance levying taxes, fees and
charges, prescribing the rates thereof for general and
specific purposes and granting tax exemptions, incentives or
reliefs;

Subject to the provisions of Book II of the Local Government
Code of 1991, as amended, and upon the majority vote of
all the members of the Sangguniang Panlungsod, authorize
the City Mayor to negotiate and contract loans and other
forms of indebtedness;

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

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

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

Adopt a comprehensive land use plan for the City. Provided,
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, as amended;

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

16


x.

xi,

xii.

xiii.

xiv.

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

Subject to the provisions of Book II of the Local Government
Code of 1991, as amended, grant the exclusive privilege of
constructing fish corrals or fish pens, or the taking or
catching of bangus fry, prawn fry or kawag-kawag, or fry of
any species of fish within the city waters;

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

Grant loans or provides 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;

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

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

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

17


vii.

(4) Regulate acti

vi.

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

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

Regulate the display of and fix the license fees for signs,
signboards or billboards at the place or places where the
profession or business advertised thereby is, in whole or in
part, conducted;

Any law to the contrary notwithstanding, authorize and

license the establishment, operation and maintenance of
cockpits, and regulate cockfighting and commercial
breeding of gamecocks. Provided, that existing rights
should not be prejudiced;

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

Upon approval by a majority vote of all the members of the
Sangguniang Panlungsod, grant a franchise to any person,
partnership, corporation or cooperative to do business
within the City; establish, construct, operate and maintain
ferries, wharves, markets or slaughterhouses; or undertake
such other activities within the City as may be allowed by
existing laws. Provided, That, cooperatives shall be given
preference in the grant of such a franchise.

ies relative to the use of land, buildings and

structures within the City in order to promote the general welfare and for said

purpose, shall:

Declare, prevent or abate any nuisance;

With the concurrence of the 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;


iv.

vi.

vii.

ix,

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

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

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

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

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

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

Regulate the establishment, operation and maintenance of
funeral parlors and the 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.

19


(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, as amended, and in addition to said services and

facilities, shall:

vi.

vii.

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

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

Authorize the establishment, maintenance and operation
by the city government of ferries, wharves, and other
structures intended to accelerate productivity related to
marine and seashore or offshore activities in the
preservation thereof;

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

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

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

Subject to existing laws, establish and provide for the
maintenance, repair and operation of an efficient
waterworks system to supply water for the City’s
inhabitants and to purify the source of the water supply;
regulate the construction, maintenance, repair and use of

20


viii.

xi.

xii.

xiii.

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

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

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

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

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

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

Provide for an efficient and effective system of solid waste
and garbage collection and disposal; prohibit littering and

21


xiv.

xv.

xvi,

xvii.

the placing or throwing of garbage, refuse and other filth
and wastes;

Provide for the care of persons with disabilities (PWDs),
paupers, the elderly, the sick, persons of unsound mind,
abandoned minors, juvenile delinquents, drug dependents,
abused children and the youth below eighteen (18) years of
age; and subject to availability of funds, establish and
provide for the operation of centers and facilities for the
said needy and disadvantaged persons;

Establish and provide for the maintenance and
improvement of jails and detention centers, institute 2
sound jail management program, and appropriate funds for
the subsistence of detainees and convicted prisoners in the
City;

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

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

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

ARTICLE V
PROCESS OF LEGISLATION

SEC. 13. Internal Rules of Procedure — (a) On the first regular session following
the election of its members and within ninety (90) days thereafter, the Sangguniang
Panlungsod shall adopt or update its 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,

2


but shall not be limited to, the committees on Appropriations,
Revenues, Engineering and Public Works, Education and Health,
Women and Family, Human Rights, Youth and Sports
Development, Environmental Protection, Peace and Order and
Traffic, and Cooperatives; the general jurisdiction of each
committee; and the election of the 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 penalty of suspension or expulsion shall require
the concurrence of at least two-thirds (2/3) vote of all the
Sanggunian members: Provided, further, that a member convicted
by final judgment to imprisonment of at least one (1) year for any
crime involving moral turpitude shall be automatically expelled
from the Sanggunian; and

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

SEC. 14, Full Disclosure of Financial and Business Interests of Sangguniang
Panlungsod Members — (a) Every Sangguniang Panlungsod member shall, upon
assumption to office, make a full disclosure of his business and financial interests.
Such disclosure shall also include a 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 or she is a member, which relationship may result in conflict,
of interests. Such relationship shall include:

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

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

In the absence of a specific constitutional or statutory provision applicable to

this situation, "conflict of interest" refers in general to one where it may be reasonably
deduced that a member of a Sanggunian may not act in the public interest due to

23


some private, pecuniary or other personal considerations that may tend to affect the
exercise of judgment to the prejudice of the service or the public.

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

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

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

SEC. 15. Sessions — (a) On the first day of the session immediately following the
election of its members, the Sangguniang Panlungsod shall, by resolution, fix the day,
time and place of its sessions. The minimum number of regular sessions shall be once
a week for the Sangguniang Panlungsod and twice a month for the Sangguniang
Barangay.

(b) When the publicinterest so demands, special sessions may be called by the
City Mayor or by a majority of the members of the Sanggunian.

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

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

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

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

SEC. 16. Quorum — (a) A majority of all the members of the Sanggunian who

have been elected and qualified shall constitute a quorum to transact official business.
Should a question of quorum be raised during a session, the presiding officer shall

24


immediately proceed to call the roll of the members and thereafter announce the
results.

(b) Where 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 Calaca, to arrest the absent member and present him at the
session.

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

SEC. 17. Approval of Ordinances ~ (a) Every ordinance enacted by the
Sangguniang Paniungsod shall be presented to the City Mayor. If the City Mayor
approves the same, he or she shall affix his or her signature on each and every page
thereof; otherwise, the ordinance shall be vetoed and return the same with his or her
statements on the objections to the Sanggunian, which may proceed to reconsider
the same. The Sanggunian may override the veto of the City Mayor by two-thirds (2/3)
vote of all its members, thereby making the ordinance or resolution effective for all
legal intents and purposes.

(b) The veto shall be communicated by the City Mayor to the Sanggunian
within ten (10) days; otherwise, the ordinance shall be deemed approved as if it had
been signed.

SEC. 18. Veto Power of the City Mayor — (a) the City Mayor may veto any
ordinance of the Sangguniang Panlungsod on the ground that it is ultra vires or
prejudicial to 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, an ordinance or resolution adopting a local development
plan and public investment program or an ordinance directing the payment of money
or creating liability. In such case, the veto shall not affect the item or items which are
not objected to. The vetoed item or items shall not take effect unless the Sangguniang
Panlungsod overrides the veto in the manner herein provided; otherwise, the item or
items in the appropriations ordinance of the previous year corresponding to those
vetoed, if any, shall be deemed re-enacted.

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

25


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

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

(c) lf the Sangguniang Panlalawigan finds that such an ordinance or resolution
is beyond the power conferred upon the Sangguniang Panlungsod concerned, it shall
declare such ordinance or resolution invalid in whole or in part. The Sangguniang
Ponlalawigan shall enter its action in the minutes and shall advise the corresponding
city authorities of the action it has taken.

(4) Ifno action has been taken by the Sangguniang Panlalawigan within thirty
(30) days after submission of such an ordinance or resolution, the same shall be
presumed consistent with law and therefore valid.

SEC. 20. Review of Barangay Ordinances by the Sangguniang Panlungsod —
(a) Within ten (10) days after 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 or city ordinances.

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

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

SEC. 21. Enforcement of Disapproved Ordinances or Resolutions — Any
attempt to enforce any ordinance or any resolution approving the local development
plan and public investment program, after the disapproval thereof, shall be sufficient
ground for the suspension or dismissal of the official or employee concerned.

SEC. 22. Effectivity of Ordinances or Resolutions — (a) Unless otherwise stated
in the ordinance or the resolution approving the local development plan and public
investment program, the same shall take effect after ten (10) days from the date a

26


copy thereof is posted in a bulletin board at the entrance of the City Hall of Calaca,
and in at least two (2) other conspicuous places in the City of Calaca not later than five
(5) days after approval thereof.

(b) The secretary of the Sangguniang Panlungsod shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the City Hall, and in at
least two (2) conspicuous places in the City not later than five (5) days after approval
thereof.

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

(c) Ordinances with penal sanctions shall be posted at prominent places in City

Hall, for a minimum period of three (3) consecutive weeks. Such ordinances shall also
be published in a newspaper of general circulation within the City.

ARTICLE VI
DISQUALIFICATIONS AND SUCCESSION FOR ELECTIVE CITY OFFICIALS

SEC. 23. Disqualifications for Elective City Officials - The following persons
are disqualified from running for any elective position in the City:

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

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

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

(d) Those with dual citizenship;

(e)

Fugitives from justice in criminal or nonpolitical cases here and abroad;

(f) Permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after the
effectivity of the Local Government Code of 1991, as amended; and

(g) The insane or feeble-minded.

SEC. 24. Permanent Vacancy in the Offices of the City Mayor and City Vice
Mayor - (a) If a permanent vacancy occurs in the office of the City Mayor, the City
Vice Mayor shall become the City Mayor. If a permanent vacancy occurs in the office

27


of the City Vice Mayor, the highest ranking Sangguniang Panlungsod member or, in
case of his or her permanent incapacity, the second highest ranking Sangguniang
Panlungsod member shall become the City Mayor or City Vice Mayor, as the case may
be. Subsequent vacancies in the said offices shall be filled automatically by the other
Sanggunian members according to their ranking as defined under the Local
Government Code of 1991, as amended.

(b) Ifa permanent vacancy occurs in the office of the Punong Barangay, the
highest ranking Sangguniang Barangay member or, in case of his or her
incapacity, the secong highest Sanggunian member shall become the
Punong Barangay.

(c)

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

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

e

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

(f) 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. 25. Permanent Vacancies in the Sangguniang Panlungsod - Permanent
vacancies in the Sangguniang Panlungsod where automatic succession as provided
above does not apply shall be filled by appointments in the following manner:

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

28


be null and void ab initio and shall be a ground for administrative
action against the official responsible therefore;

(3) In case the permanent vacancy is caused by a Sanggunian member
who does not belong to any political party, the City Mayor shall,
upon 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 Panlungsod, said vacancy shall be
filled automatically by the official next in rank of the organization
concerned.

SEC. 26. “Temporary Vacancy in the Office of the City Mayor — (a) When the
City Mayor is temporarily incapacitated to perform his or her duties for physical or
legal reasons such as, but not limited to, leave of absence, travel abroad and
suspension from office, the City Vice Mayor or the highest ranking Sangguniang
Panlungsod member, shall automatically exercise the powers and perform the duties
and functions of the City Mayor, except the power to appoint, suspend or dismiss
employees which can only be exercised if the period of temporary incapacity exceeds
thirty (30) working days.

{b) Said temporary incapacity shall terminate upon submission to the
Sangguniang Panlungsod of a written declaration by the City Mayor of having
reported to office. In case where the temporary incapacity is due to legal cause, the
City Mayor shall also submit the necessary documents showing the said legal cause no
longer exists.

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

(d) In the event, however, that the City Mayor fails or refuses to issue such
authorization, the City Vice Mayor or the highest ranking Sangguniang Panlungsod
member, as the case maybe, shall have the right to assume the powers, duties and
functions of the said office on the fourth (4th) day of absence of the City Mayor,
subject to the limitations provided 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.

29


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

SEC. 27. The Secretary to the Sangguniang Panlungsod — (a) There shall be a
secretary of the Sangguniang Panlungsod who shall be a career official with the rank
and salary equal to a head of a department or office.

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

(c) 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 it with his or her signature to all
ordinances, resolutions, and other official acts of the Sangguniang
Panlungsod and present the same for signature of the presiding
officer;

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

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

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

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

(7) Keep his office and all no confidential records therein open to the
public during usual business hours;

30


(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,
as amended;

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

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

SEC. 28. The City Treasurer — (a) The City Treasurer shall be appointed by the
Secretary of the Department of Finance (DOF) from a list of at least three (3) ranking
eligible recommendees of the City Mayor, subject to 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.

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

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

(e) The city treasurer shall take charge of the City Finance Department, and
shall:

(1) Advise the City Mayor, the Sangguniang Panlungsod and other
local government and national officials concerned regarding
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 or her
by law or other competent authority;

31


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

(5)

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

(6

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

SEC. 29. The City Assessor — (a) The City Assessor must be a citizen of the
Philippines, a resident of the City of Calaca, of good moral character, a holder of a
college degree preferably in civil or mechanical engineering, commerce, or any other
related course from a recognized college or university, and a first grade civil service
eligible or its equivalent and must have acquired experience in real property
assessment work or in any related field for at least five (5) years immediately
preceding the date of his appointment.

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

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

(a)

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

Q

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;

6

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

(6)

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

32


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

(8) Prepare a schedule of the fair market value of the different
classes of real properties in accordance with the provisions of the
Local Government Code of 1991, as amended;

9

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

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

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

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

SEC. 30. The City Accountant — (a) The city accountant must be a citizen of the
Philippines, a resident of the City of Calaca, 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.

(c) The city accountant shall take charge of both the office of the accounting
and internal audit services of the City, and shall:

(1) Install and maintain an internal audit system in the City;

(2). Prepare and submit financial statements to the city mayor and to
the Sangguniang Panlungsod;

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

33


(4)

()

(6)

(7)

(8)

(9)

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

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

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

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

Post individual disbursements to the subsidiary ledger and index
cards;

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

(10) Record and post in index cards details of purchased furniture,

fixtures and equipment, including disposal thereof, if any;

(11) Account for all issued requests for obligations and maintain and

keep all records and reports related thereto;

(12) Prepare journals and the analysis of obligations and maintain and

keep all records and reports related thereto; and

(13) Perform such other duties and functions, and exercise such other

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

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

SEC. 31. The City Budget Officer — (a) The city budget officer must be a citizen
of the Philippines, a resident of the City of Calaca, of good moral character, a holder
of a college degree preferably in accounting, economics, public administration, or any
related course from a recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in government budgeting
or in any related field for at least five (5) years immediately preceding the date of his

appointment.

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

34


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

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

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

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

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

(

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

(6)

Coordinate with the City Treasurer, the City Accountant and the
City Planning and Development Officer for the purpose of
budgeting;

7)

Assist the Sangguniang Panlungsod in reviewing the approved
budgets of component barangays;

(8)

Coordinate with the City Planning and Development Officer in the
formulation of the development plan of the City; and

(9)

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

SEC. 32. The City Planning and Development Officer — (a) The city planning and
development officer must be a citizen of the Philippines, a resident of the City of
Calaca, of good moral character, a holder of a college degree preferably in urban
planning, development studies, economics, public administration, or in any related
course from a recognized college or university, and a first grade civil service eligible or
its equivalent. He must have acquired experience in development planning or in any
related field for at least five (5) years immediately preceding the date of his
appointment.

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

{c) The City Planning and Development Officer shall take charge of the City
Planning and Development Coordinating Office, and shall:

35


(4

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

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

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

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

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

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

Analyze the income and expenditure 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;

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

Exercise supervision and control over the secretariat of the Local
Development Council; and

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

SEC. 33. The City Engineer ~ (a) The city engineer must be a citizen of the
Philippines, a resident of the City of Calaca, of good moral character and a licensed
civil engineer and must have acquired experience in the practice of his profession for
at least five (5) years.

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

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

(a)

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

36


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

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

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

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

SEC. 36. The City Health Officer — (a) The City Health Officer must be a citizen
of the Philippines, a resident of the City of Calaca, 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.

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

(c) The city health officer shall take charge of the Office of the City Health
Services, and shall:

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

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

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

37


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

(i

)

(i)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

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

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

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

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;

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

Conduct health information campaigns and render health
intelligence services;

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

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

(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.

SEC. 35. The City Civil Registrar — (a) The City Civil Registrar must be a citizen
of the Philippines, a resident of the City of Calaca, 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 and must have acquired experience in civil registry
work for at least five (5) years.

38


(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 Calaca, 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 and administration-related programs and
projects which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide for
under the Local Government Code of 1991, as amended;

(2) In addition to the foregoing duties and functions, the City Civil
Registrar shall:

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

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

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

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

)

Issue certified transcripts or copies of any certificate or
registered documents upon payment of the required fees
to the City Treasurer;

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

39


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

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

SEC. 38. The City Administrator — (a) The City Administrator must be a citizen
of the Philippines, a resident of the City of Calaca, of good moral character, a holder
of a college degree preferably in public administration, law, or any other related
course from a recognized college or university, and a first grade civil service eligible or
its equivalent. He must have acquired experience in management and administrative
work for at least five (5) years.

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

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

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

(1) Develop plans and strategies and upon approval thereof by the City
Mayor, implement the same, particularly those which have to do
with the management and administration-related programs and
projects which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide for
under the Local Government Code of 1991, as amended;

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

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

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

(5) Be in the frontline of the delivery of administrative support

services, particularly those related to the situations during and in
the aftermath of man-made and natural disasters or calamities;

40


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

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

SEC. 39. The City Legal Officer — (a) The City Legal Officer must be a citizen of
the Philippines, a resident of the City of Calaca, of good moral character, and a
member of the Philippine Bar. He must have practiced the profession for at least five
(5) years.

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

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

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

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

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

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

(4) When required by the City Mayor or Sanggunian, draft ordinances,
contracts, bonds, leases and other instruments involving any
interest of the City and provide comments and recommendations
‘on any instruments already drawn;

4l


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

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

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

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

(9) Review and submit recommendations on ordinances approved and
executive orders issued by component units;

(10) Recommend measures to the Sangguniang Panlungsod and advise
the City Mayor on all matters related to upholding the rule of law;

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

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

SEC. 38. The City 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 Calaca, of good moral character, a duly licensed social worker or a holder
of a college degree preferably in social work, sociology, or any other related course
from a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in the practice of social work for at
least five (5) years immediately preceding the date of his appointment.

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

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

42


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 provision of adequate facilities relative to social
welfare and development services;

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

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

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

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

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

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

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

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

(10) Recommend to the Sangguniang Panlungsod and advise the City

Mayor on all other matters related to social welfare and

43


development services which will improve the livelihood and living
conditions of the City’s inhabitants; and

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

SEC. 39. The City Veterinarian — (a) The City Veterinarian must be a citizen of
the Philippines, a resident of the City of Calaca, of good moral character, and allicensed
doctor of veterinary medicine and must have practiced the profession for at least
three (3) years.

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

(c) The City Veterinarian shall take charge of the Office of the Veterinary
Services, and shall:

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

(2)

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

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

(4

Regulate the keeping of domestic animals;

6)

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

(6)

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

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

(8

Be in the frontline of veterinary-related activities, such as the
outbreak of highly contagious and deadly diseases and in situations
resulting in the depletion of animals for work and for human

44


9

consumption, particularly those arising from and in the aftermath
of man-made and natural disasters or calamities;

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

(10) Perform such other duties and functions, and exercise such other

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

SEC. 40. The City General Services Officer — (a) The City General Services
Officer must be a citizen of the Philippines, a resident of the City of Calaca, of good
moral character, a holder of a college degree in public administration, business
administration or management from a recognized college or university, and a first
grade civil service eligible or its equivalent and must have acquired experience in
general services, including management of supply, including the management of
supply, property, solid waste disposal and general sanitation for at least five (5) years.

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

(c) The City General Services officer shall take charge of the Office of the
General Services, and shall:

(1) Formulate measures for the consideration of the Sangguniang

(2

(3)

(4)

Panlungsod and provide technical assistance and support to the
City Mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities which require general
services expertise in technical support services;

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 that are supportive of the welfare of
the inhabitants of the City which the City Mayor is empowered to
implement and which the Sangguniang Panlungsod is empowered
to provide;

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

With the approval of the City Mayor, assign building or land space

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

45


(5)

(6)

(7)

(8)

(9)

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

Recommend to the City Mayor reasonable rental rates of private
properties which may be leased for the official use of the City;

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

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

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

(10) Perform all other functions pertaining to supply and property

management heretofore performed by the local government
treasurer and enforce policies on records creation, maintenance
and disposal;

(11) Be in the frontline of general services-related activities, 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;

(12) Recommend to the Sangguniang Panlungsod and advise the City

Mayor on all matters relative to general services; and

(13) Perform such other duties and functions, and exercise such other

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

SEC. 41. 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 Calaca, of good moral character, a holder of a college degree
preferably in environment, forestry, agriculture or any other related course from a
recognized college or university, and a first grade civil service eligible or its equivalent
and must have acquired experience in the environment and natural resources
management, conservation and utilization work for at least five (5) years.

46


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

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

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

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

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

(4) Provide extension services to beneficiaries of forest development
projects and technical, financial and infrastructure assistance;

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

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

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

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

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

47


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

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

SEC. 42, The City Architect — (a) The City Architect must be a citizen of the
Philippines, a resident of the City of Calaca, of good moral character, and a duly
licensed architect and must have practiced his profession for at least five (5) years.

(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 of the Architectural
Planning and Design, and shall:

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

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

(3

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

(4)

Review and recommend for appropriate action of the Sanggunian
Panlungsod or City Mayor, as the case maybe, the architectural
plans and design submitted by governmental and
nongovernmental entities or individuals, particularly those for
undeveloped, underdeveloped and poorly designed areas;

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

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

(7)

Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all matters relative to architectural planning and design
as it relates to the total socio-economic development of the City;

(8)

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

SEC. 43. The City Information Officer — (a) The City Information Officer must
be a citizen of the Philippines, a resident of the City of Calaca, of good moral character,
a holder of a college degree preferably in journalism, mass communications, or any
related course from a recognized college or university, and a first grade civil service
eligible or its equivalent and must have experience in writing articles and research
papers, or writing for print, television or broadcast media for at least three (3) years.

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

(c)_ The term of the City Information Officer shall be coterminous with that of
his or her appointing authority;

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

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

(2)

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

ie)

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

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(4)

(5

(6)

(7)

(()

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

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

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

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

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

SEC. 44. The City Cooperatives Officer — (a) The City Cooperatives Officer must
be a citizen of the Philippines, a resident of the City of Calaca, 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 and must have experience on
cooperatives development, organization and management for at least five (5) years.

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

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

(1) Formulate measures for the consideration of the Sangguniang

(2

Panlungsod and provide technical assistance and support to the
City Mayor in carrying out measures to ensure the delivery of basic
services and the provision of facilities through the development of
cooperatives, and in providing access to such services and facilities;

Develop plans and strategies, and upon approval thereof by the

City Mayor, implement the same, particularly those which have to
do with the integration of cooperatives principles and methods in

50


programs which the City Mayor is empowered to implement and
which the Sangguniang Panlungsod is empowered to provide;

(3) Assist in the organization of cooperatives;

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

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

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

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

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

SEC. 47. The City Population Officer — (a) The City Population Officer must be
a citizen of the Philippines, a resident of the City of Calaca, 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 and must have experience in the implementation of programs
‘on population development or responsible parenthood for at least five (5) years.

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

(c) The city population officer shall take charge of the office on population
development, and shall:

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

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(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)

Assist the City Mayor in the implementation of the constitutional
provisions relative to population development and the promotion
of responsible parenthood;

(4

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

(5)

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

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

(6)

SEC. 46. The City Agriculturist — (a) The City Agriculturist must be a citizen of
the Philippines, a resident of the City of Calaca, of good moral character, a holder of a
college degree in agriculture or any other related course from a recognized college or
university, and a first grade civil service eligible or its equivalent and must have
practiced the profession in agriculture or acquired the experience in a related field for
at least five (5) years.

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

{c) The City Agriculturist shall take charge of the Office for Agricultural Services,
and shall:

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

(2) Develop plans and strategies, and upon approval thereof by the

City Mayor, implement the same, particularly those which have to
do with agricultural programs and projects which the City Mayor

52


is empowered to implement and which the Sangguniang
Panlungsod is empowered to provide;

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

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

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

(iii) Assist the City Mayor in the establishment and extension
services of demonstration farms on aquaculture and
marine products;

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

(v) Coordinate with government agencies and _non-
governmental organizations which promote agricultural
productivity through applied technology compatible with
environmental integrity.

(4) Be in the frontline of the delivery of basic agricultural services,
particularly those needed for the survival of the City’s inhabitants
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 other matters related to agriculture and aquaculture
which will improve the livelihood and living conditions of the
inhabitants; and

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

SEC. 47 The City Business Permits and Licensing Officer — (a) The City Business

Permits and Licensing Officer must be a citizen of the Philippines, a resident of the City
of Calaca, of good moral character, a holder of a college degree preferably in business

53


administration or in any related course from a recognized college or university, and a
first grade civil service eligible or its equivalent and must have experience in
management for at least five (5) years.

(b) The City Business Permits and Licensing Officer shall receive such
compensation, emoluments and allowances as may be determined by law;

(c) The City Business Permits and Licensing Officer shall take charge of the for
the Business Permits and Licensing Office, and shall:

(1) Supervise the conduct of spot/post inspection of all business
establishments, gaming and other entities requiring permits and
licenses for compliance with existing laws and ordinances;

(2) Review the application for permits and licenses and recommend its
approval/disapproval to the City Mayor or his authorized
representatives; and

(3) Exercise over-all supervision in the City Business Permits and Licensing
Office.

ARTICLE Vill
THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE CITY SCHOOLS
DIVISION AND THE CITY PROSECUTION 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 the Interior and Local Government (DILG). The City shall provide
the necessary land or site of the station.

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

(c) The City Fire Station shall be responsible for the provision of various
‘emergency services such as rescue and evacuation of injured people related to fire
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 secure, clean, adequately equipped and sanitary jail for the custody and
safekeeping of prisoners, any fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the National Penitentiary, and/or violent

54


mentally ill person who endangers oneself or the safety of others, duly certified as
such by the proper medical health officer, pending the transfer to a mental institution.

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

SEC. 50. The City Schools Division — (a) The Department of Education (DepEd)
shall establish and maintain a city schools division of the City of Calaca whose area of
jurisdiction will cover all the school districts within the City; and

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

SEC. 51. The City Prosecution Service — (a) There shall be established in the
City a City Prosecution Service to be headed by a City Prosecutor and such number of
Assistant City Prosecutors, as may be necessary, who shall be organizationally part of
the Department of Justice (DOJ), and under the supervision and control of the
Secretary of Justice and whose qualifications, manner of appointment, rank, salary
and benefits shall be governed by existing laws covering prosecutors in the DOJ.

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

The Secretary of Justice shall always ensure the adequacy and quality of
prosecution service in the City and for this purpose, shall, in the absence or lack or
insufficiency in number of assistant city prosecutors as provided hereinabove,
designate from among the assistant provincial prosecutors a sufficient number to
perform and discharge the functions of the city prosecution service as provided
hereinabove.

ARTICLE IX
‘TRANSITORY AND FINAL PROVISIONS

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

55


SEC. 53. Plebiscite — The City of Calaca shall acquire corporate existence upon
the ratification of its creation by a majority of the votes cast by the qualified voters in
a plebiscite to be conducted in the present Municipality of Calaca within ninety (90)
days from the approval of this Act.

The Commission on Elections (COMELEC) shall conduct and supervise such
plebiscite.

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

SEC. 54. Officials of the City of Calaca — The present elective officials of the
Municipality of Calaca shall continue to exercise their powers and functions until such
time that a new election is held and the duly-elected officials shall have already
qualified and assumed their offices. The two (2) additional members of the
Sangguniang Pantungsod shall be appointed by the City Mayor and shall assume office
until such time that the regular members of the Sangguniang Panlungsod have been
elected and qualified in the next national and local elections after the effectivity of
this Act. Appointive officials and employees of the Municipality of Calaca shall likewise
continue exercising their functions and duties and they shall automatically be
absorbed by the city government of the City of Calaca.

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

SEC. 56. Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Batangas The qualified voters of the City of Calaca shall
be qualified to vote and run for any elective position in the elections for provincial
governor, provincial vice governor, Sangguniang Panlalawigan members and other
elective offices for the Province of Batangas.

SEC. 57. Jurisdiction of the Province of Batangas — The City of Calaca shall,
unless otherwise provided by law, continue to be under the jurisdiction of the Province
of Batangas.

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. Legislative District - Until otherwise provided by law, the City of
Calaca shall continue to be a part of the First Legislative District of the Province of
Batangas.

SEC. 60. Applicability of Laws — The provisions of Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, as amended, and such other
laws as are applicable to component cities shall govern the City of Calaca insofar as
they are not inconsistent with the provisions of this Act.

56


SEC. 61. Separability Clause — if, for any reason or reasons, any part or
provision of this charter shall be held unconstitutional, invalid or inconsistent with the
Local Government Code of 1991, as amended, the other parts or provisions hereof
which are not affected shall continue to be in full force and effect.

SEC. 62. Effectivity — This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,

57