Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17th Congress
Second Regular Session

House Bill No. '2'796

Introduced by Deputy Speaker Raneo E. Abu

AN ACT CONVERTING THE MUNICIPALITY OF BAUAN IN THE SECOND
LEGISLATIVE DISTRICT OF THE PROVINCE OF BATANGAS INTO A
COMPONENT CITY TO BE KNOWN AS “THE CITY OF BAUAN”

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Bauan into a component city of the
Province of Batangas to be known as the “City of Bauan”’.

The Municipality of Bauan, which name comes from a Tagalog word bauang
meaning "close or concealed and rugged mountain’ (Noceda-Sanlucar, Vocabulario,
1860, p.43) was constituted as a town in 1653. It presently belongs to the Second
Legislative District of the Province of Batangas and is one of the first class municipalities
in the region. The municipality composed of 40 barangays is now considered as an Urban
Municipality. Situated in the southern part of the province along the coastal area, it lies
one hundred twenty kilometers (120 kms.) due south of Metro Manila and is indeed very
accessible by modern roads and transport facilities.

As a first class municipality, Bauan has consistently proven its economic viability
and stability, and has consistently responded to the growing needs of its constituents. As
such, it is gradually emerging as the center of trade and commerce of the Second District
of the Batangas Province. It has achieved a growth agenda that effectively addresses
urbanization needs, enhances tourism potentials, integrates environmental management
system and increases the agricultural capability and industrial capacity in the context of
national and regional development thrusts.

Bauan offers most of the advantages of an industrial location that caters to the
production of a wide range of agricultural raw materials, enterprises in wood, clothing and
embroidery products, shipbuilding, ship repair, steel fabrications and others. Currently,
there are around 24 major industrial establishments located in the said municipality which
include the Keppel Batangas Shipyard Inc., Atlantic, Gulf & Pacific Company of Manila,
Inc. (AG&P), MHPS-PHL (formerly Babcock Hitachi Philippines, Inc.), Engineering
Equipment, Inc. (EEI), PNOC Exploration Corporation among others.


Also situated in the Poblacion area of the municipality are 17 major financial institution
of the country, both private and government, such as Bank of the Philippine Island
(BPI), Banco De Oro (BDO), Metrobank, Rizal Commercial Banking Corp. (RCBC),
Land Bank of the Philippines (LBP), Philippine National Bank (PNB) among others, and
various commercial establishments.

The municipality of Bauan has also been the home of several well-known and
frequently visited beach resorts as the other side of the municipality is a coastline
fronting Balayan Bay which is well suitable for Wind Surfing, Scuba Diving and Deep
‘Sea Fishing.

Pursuant to the provisions of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, the Municipality of Bauan has satisfied the income
requirement for the conversion of the municipality into a component city. It has a locally
generated average annual income of Php 293,474,012.98 in the year 2016. In 2017, the
annual budget of the municipality is Php 276,434,593.23

In consideration of the foregoing, it is high time to convert the Municipality of
Bauan into a component city. Cityhood of Bauan will tremendously boost not only its
current capacity to immediately deliver the basic services to the constituents but will
also attract more significant investments that all essential to the growth of economic
development that will truly benefit Bauar‘increasing number of inhabitants.



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ARTICLE |
GENERAL PROVISIONS

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

Section 2. The City of Bauan — The Municipality of Bauan shall be converted into a
component city to be known as the City of Bauan, hereinafter referred to as the City,
which shall comprise the present territory of the Municipality of Bauan, Province of
Batangas.

The territorial jurisdiction of the City shall be within the present metes and bounds of the:
Municipality of Bauan

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

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

(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;

(c) To have and use a corporate seal;

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

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

Section 4. General Powers. — The City of Bauan shall have a common seal and may alter
the same at pleasure: Provided, That any change of corporate seal shah 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, ease, convey and dispose of real and personal
property for the general interests of the City; to expropriate or condemn private property
for public use; to contract and to be contracted with; to sue and be sued; to prosecute
and defend to final judgment and execution suits wherein the City is involved or interested

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in; and to exercise all the powers as are granted to corporations or as hereinafter
conferred.

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

Section 6. Jurisdiction of the City of Bauan — 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 Bauan shall have concurrent jurisdiction with the city or
municipal court of the adjoining municipalities or cities, to try crimes, and misdemeanors
committed within said drainage area or within said spaces of one hundred meters (100
m.). The court first taking cognizance of such an offense shall have jurisdiction to try
cases to the exclusion of others. The police forces of several municipalities and cities
concerned shall have concurrent jurisdiction with the police forces of the City for the
maintenance of good order and the enforcement of ordinances throughout said zone,
area or spaces. But any license that may be issued within said zone, area or spaces shall
be granted by the proper authorities of the city or municipality concerned, and the fees
arising therefrom shall accrue to the treasury of the said city of municipality concerned
and not to the City.

ARTICLE II
CITY OFFICIALS IN GENERAL

Section 7. The Officials of the City of Bauan. — (a) There shall be in the City of Bauan: a
city mayor, a city vice mayor, sangguniang paniungsod members, a secretary to the
‘sangguniang paniungsod, a city treasurer, a city assessor, a city accountant, a city budget
Officer, a city planning and development officer, a city engineer, a city health officer, a city
civil registrar, a city administrator, a city legal officer, a city social welfare and
development officer, a city veterinarian and a city general services officer.

(b) In addition thereto, the city mayor may appoint a city environment and natural
resources officer, a city architect, a city information officer, a city cooperatives officer, a
city agriculturist and a city population officer.

(c) There shall be established in the City, a city fire station to be headed by a city fire
marshal, a city jail to be headed by a city jail warden, a city schools division to be headed
by a city schools division superintendent and a city prosecution service to be headed by
a city prosecutor,


(d) The sangguniang panlungsod may:
(1) Maintain existing offices not mentioned in subsections (a), (b) and (c) hereof,

(2) Create such other offices as may be necessary to carry out the purposes of the City;
or

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

(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 such compensation; allowances and
other emoluments as may be determined by law or ordinance, subject to the budgetary
limitations on personal services prescribed under Title Five Book Il of the Local
Government Code of 1991: Provided, That no increase in compensation of the city mayor,
city vice mayor and sangguniang panlungsod member shall take effect until after the
expiration of the full term of the said local officials approving such increase.

ARTICLE Ill
‘THE CITY MAYOR AND THE CITY VICE MAYOR

Section 8. The City Mayor. — (a) The city mayor shall be the chief executive of the City
and shall be elected at large by the qualified voters of the City. No person shall be eligible
for the position of city mayor unless, he is a citizen of the Philippines at the time of the
election, one is at least twenty-one (21) years of age, a resident of the City for at least
‘one (1) year prior to his election and a qualified voter therein and able to read and write
Filipino or any other local language or dialect. The city mayor shall hold office for three
(3) years, unless sooner removed, but shall serve for not more than three (3) consecutive
terms in the same position and shall receive a minimum monthly compensation
corresponding to Salary Grade Thirty (30) as prescribed under "Republic Act No. 6758,
otherwise known as the Salary Standardization Law, and the implementing guidelines
issued ‘ pursuant thereto.

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

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

(1) Exercise those powers expressly granted to him by law, those necessarily implied
therefrom, as well as powers necessary, appropriate or incidental for the efficient and

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effective governance of the City, and those which are essential to the promotion of the
general welfare:

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

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

(ii) 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 heeds of the city government may
require;

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

(v) Appoint all officials and employees whose salaries and wages are wholly or mainly
paid out of city funds and whose appointments are not otherwise provided for in this Act,
as well as those he may be authorized by law to appoint;

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

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

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

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

(x) Ensure that all executive officials and employees of the City faithfully discharge their
duties and functions as provided for by law and Republic Act No. 7160, as amended,
otherwise known as the Local Government Code of 1991, and cause to be instituted
administrative or judicial proceedings against any official or employee of the City who may
have committed an offense in the performance of his official duties;

(xi) Examine the books, records and other documents of all offices, officials, agents or
employees of the City and, in aid of executive powers and authority, require all national

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Officials and employees stationed in or assigned to the City to make available to him such
books, records and other documents in their custody, except those classified by law as
confidential;

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

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

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

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

(xvi) Call upon any national official or employee stationed in or assigned to the City for
advice on matters affecting the City and to make recommendations thereon; coordinate
with the 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 official duties while stationed in or assigned to the City;

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

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

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

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


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

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

(ii) Call conventions, conferences, seminars or meetings of elective and appointive
Officials of the City, including national officials and employees stationed in or assigned to
the City, at such time and place and on such subject as may be deemed important for the
promotion of the general welfare of the local government unit and its inhabitants;

(ili) 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 the territorial jurisdiction;

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

(vi) Call upon the law enforcement agencies to suppress disorder, riot, lawless violence,
rebellion, 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 those resources and revenues programmed for agro-industrial development
and countryside growth and progress and, relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an estimate of
appropriations for the ensuing calendar year, in accordance with the budget preparation
process enshrined under the Local Government Code of 1991;

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

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


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

(v) Issue permits, 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, marine, forest
and other resources of the City;

(vii) 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, 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 repair of the roads and bridges of the City;
and

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

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

(c) During his incumbency, the city mayor shall hold office in the city hall,
Section 9. The City Vice Mayor. — (a) There shall be a city vice mayor who shall be elected
in the same manner as the city mayor and shall, at the time of the election, possess the

‘same qualifications as the city mayor. The city vice mayor shall hold office for three (3)
years, unless sooner removed, but shall serve for not more than three (3) consecutive

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terms in the same position and shall receive a monthly compensation corresponding to
Salary Grade Twenty-six (26) as prescribed under the Salary Standardization Law and
the implementing guidelines issued pursuant thereto.

(b) The city vice mayor shall:

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

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

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

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

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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Section 10. Composition. — (a) The sangguniang panlungsod, the legislative body, of the
City, shall be composed of the city vice mayor as the presiding Officer, the twelve (12)
regular sanggunian members, the president of the city chapter of the liga ng mga
barangay, the president of the paniungsod na pederasyon ng mga sangguniang kabataan
and the three (3) sectoral representatives, as members who shall come from the following
sectors: one (1) from the women sector, and, as shall be determined by the sangguniang
panlungsod within ninety (90) days prior to the holding of the local elections, one (1) from
the agricultural or industrial workers sector; and one (1) from the other sectors, including
urban poor, indigenous cultural communities or disabled persons.

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

Section 11. Powers, Duties, Functions and Compensation. — (a) The sangguniang
panlungsod, as the legislative body of the City, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the City and its inhabitants
pursuant to Section 16 of the Local Government Code of 1991 and in the proper exercise
of the corporate powers of the City as provided for under Section 22 of the Local
Government Code of 1991, and shall:


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

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

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

(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (P 5,000,00)
or an imprisonment for a period not exceeding one (1) year, or both, at the discretion of
the court, for violation of a city ordinance;

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

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

(vi) Protect the environment and, 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 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;

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

(viii) Determine the positions and the salaries, wages, allowances and other emoluments
and benefits of officials and employees paid wholly of mainly from city funds and provide
for expenditures necessary for the proper conduct of programs, projects, services and
activities of the city government;

(ix) Authorize the payment of compensation to a qualified person not in the government
service who fills in a temporary vacancy or grant honoraria to any qualified official or

9


employee designated to fill in a temporary vacancy in a concurrent capacity at the rate
authorized by law;

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

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

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

(xiii) Provide for group insurance or additional insurance coverage for all barangay
Officials, including members of barangay tanod brigades and service units, with public or
Private insurance companies, when the finances of the city government allow said
coverage.

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

(i) Approve the annual and supplemental budgets of the city government and appropriate
funds for specific programs, projects, services and activities of the City, or for other
purposes not contrary to law, in order to promote the general welfare of the City and its
inhabitants;

(ii) Subject to the provisions of Book II of the Local Government Code of 1991 and
applicable laws and, upon the majority vote of all the members of the sangguniang
panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates
thereof for general and specific purposes and granting tax exemptions, incentives or
reliefs;

(iii) Subject to the provisions of Book I! of the Local Government Code of 1991 and, upon
the majority vote of all the members of the sangguniang panlungsod, authorize the city
mayor to negotiate and contract loans and other forms of indebtedness;

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


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

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

(vii) Adopt a comprehensive land-use plan for the City and ensure that the formulation,
adoption or modification of said plan shail be in coordination with the approved provincial
comprehensive land-use plan;

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

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

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

(xi) Subject to the provisions of Book II of the Local Government Code of 1991, 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 or fish within the city waters;

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

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

(xiv) Regulate the numbering of residential, commercial and other buildings; and

(xv) Regulate the inspection, weighing and measuring of articles of commerce.


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

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

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

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

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

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

(vi) Subject to the guidelines prescribed by the Department of Transportation and
Communications (DOTC), regulate the operation of tricycles for the operation thereof
within the territorial jurisdiction of the City; and

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

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

(i) Declare, of event or abate any nuisance;

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

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

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

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

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

(vii) 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 of entertainment in order to protect the social and moral welfare of
the community;

(viii) Provide for the impounding of stray animals; regulate the keeping of animals in
homes of as part of a business, and the slaughter, sale or disposition of the same; and
adopt measures to prevent and penalize cruelty to animals; and

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

(xiv) Provide for the care of persons with disabilities (PWD), paupers, the aged, 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 the
availability of funds, establish and provide for the operation of centers and facilities for the
said needy and disadvantaged persons;

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

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

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

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

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

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ARTICLE V
PROCESS OF LEGISLATION

Section 12. Internal Rules of Procedure. — (a) On the first regular session following the
election of its members and within ninety (90) days thereafter, the sangguniang
panlungsod shall adopt or update its existing rules of procedure.

(b) The rules of procedure shall provide tor the following:

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

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

(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members during sessions;

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

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

Section 13. Full Disclosure of Financial and Business Interests of Sangguniang
Panlungsod Members. — (a) Every sangguniang panlungsod member shall, upon
assumption to office, make a full disclosure of business and financial interests. They shall
also disclose any business, financial, professional relationship or any relation by affinity
or consanguinity within the fourth civil degree, which they may have with any person, firm
or entity affected by any ordinance or resolution under consideration by the sanggunian
of which one is a member, which relationship may result in conflict of interests. Such
relationship shall include:

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

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

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

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

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

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

Section 14. Sessions. — (a) On the first day of the session immediately following the
election of its members, the sangguniang paniungsod shall, by resolution, fix the day,
time and place of its sessions. The minimum number of regular sessions shall be once a
week for the sangguniang panlungsod and twice a month for the sangguniang barangay.

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

(c) All sanggunian sessions shall be open to the public unless a closed-door session is
ordered by an affirmative vote of the majority of the members present, there being a
quorum, in the public interest or for reasons of security, decency or morality. No two (2)
sessions, regular or special, maybe 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 residency 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 sangguniang panlungsod shall keep a journal and a record of its proceedings,
which may be published upon resolution of the majority of its members.


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

(b) Where there is no quorum, the presiding officer may declare a recess until such time
@ 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 Bauan, 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 deciare the session adjourned for lack
of quorum.

Section 16. Approval of Ordinances. — (a) Every ordinance enacted by the sangguniang
Panlungsod shall be presented to the city mayor. If the city mayor approves the same, the
signature shall be affixed on each and every page thereof, otherwise, the ordinance shall
be vetoed and returned with the statement on the objections to the sanggunian, which
may proceed to reconsider the same. The sanggunian may override the veto of the city
mayor by two-thirds (2/3) vole of all its members; thereby making the ordinance or
resolution effective for all legal intents and purposes.

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

Section 17. Veto Power of the City Mayor. — (a) The city mayor may veto any ordinance
of the sangguniang panlungsod on the ground that it is ultra vires or prejudicial to the
public welfare, stating the reasons thereof in writing.

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

(c) The city mayor may veto an ordinance or resolution only once. The sanggunian may

override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby
making the ordinance effective even without the approval of the city mayor.

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Section 18. Review of City Ordinances by the Sangguniang Panlalawigan. - (a) Within
three (3) days after approval, the secretary to the sangguniang panlungsod shall forward
to the sangguniang panlalawigan for review, copies of approved ordinances and the
resolutions approving the local development plans and the public investment programs
formulated by the local development councils.

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

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

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

Section 19. Review of Barangay Ordinances by the Sangguniang Panlungsod. — (a)
Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies
of all barangay ordinances to the sangguniang paniungsod for review as to whether the
ordinances are consistent with law or city ordinances.

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

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

Section 21. Effectivity of Ordinances or Resolutions. — (a) Unless otherwise stated in the
ordinance or the resolution approving the local development plan and the public

19


investment program, the same shall take effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance of the City Hall of Bauan and in at
least two (2) other conspicuous places in the City of Bauan not later than five (5) days
after approval thereof.

(b) The secretary of the sangguniang paniungsod shall cause the posting of an ordinance
or resolution in the bulletin board at the entrance of the city hall and in at least two (2)
conspicuous places in the City of Bauan not later than five (5) days after approval thereof.
The text of the ordinance or resolution shall be disseminated and posted in Filipino or
English and the secretary of the sangguniang panlungsod shall record such fact in a book
kept for the purpose, stating the dates of approval and posting.

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

ARTICLE VI
DISQUALIFICATION AND SUCCESSION OF ELECTIVE CITY OFFICIALS

Section 22. Disqualification of Elective Public 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;

() 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; and

(g) The insane or feeble-minded.

Section 23. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor.
— (a) If a permanent vacancy occurs in the office of the city mayor, the city vice mayor

20


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

(b) If a permanent vacancy occurs in the office of the punong barangay, the highest-
ranking sangguniang barangay member or, in case of his permanent inability, the second
highest-ranking sanggunian member, shall become the punong barangay.

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

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

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

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

Section 24. Permanent Vacancies in the Sangguniang Panlungsod. — Permanent
vacancies in the sangguniang panlungsod where automatic succession as provided
above does not apply shall be filled in by appointments in the following manner:

(a) The provincial governor shall make the aforesaid appointments;

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

In the appointment herein mentioned, a nomination and a certificate of membership of the
appointee from the highest official of the political party concerned are conditions sine qua
Non, and any appointment without such nomination and certification shall be null and void
ab initio and shall be a ground of administrative action against the official responsible
therefor;

21


(c) In case the permanent- vacancy-is caused by a sanggunian member who does not
belong to any political party, the city mayor shall, upon the recommendation of the
sangguniang panlungsod, appoint a qualified person to fill in the vacancy, and

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

Section 25. Temporary Vacancy in the Office of the City Mayor. — (a) When the city mayor
is temporarily incapacitated to perform the 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 sangguniang panlungsod member shall automatically exercise
the powers and perform the duties and functions of the city mayor, except the power to
appoint, suspend or dismiss employees which can only be exercised if the period of
temporary incapacity exceeds thirty (30) working days.

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

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

(d) In the event, however, that the city mayor fails or refuses to issue such authorization,
the city vice mayor or the highest ranking sangguniang panlungsod member shall have
the right to assume 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 for 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 member of the sangguniang panlungsod, as the case may be.

ARTICLE Vil
THE APPOINTIVE OFFICIALS OF THE CITY

Section 26. The Secretary to the Sangguniang Panlungsod. — (a) There shall be a
secretary to the sangguniang panlungsod who shall be a career official with the rank and
salary equal to a head of a department or office.


(b) No person shall be appointed secretary to the sangguniang panlungsod unless one is
a citizen of the Philippines, a resident of the City of Bauan, 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 the same with one’s signature to all ordinances,
resolutions and other official acts of the sangguniang panlungsod, and present the same
to the presiding officer for his signature;

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

(4) Forward to the Department of Budget and Management (DBM) copies of the
appropriations ordinances passed by the sangguniang panlungsod as provided for under
Section 326, Book II of the Local Government Code of 1991;

(5) Forward to the sangguniang panlalawigan copies of duly approved ordinances in the
manner as provided for in Sections 56 and 57 of the Local Government Code of 1991;

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

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

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

(9) Translate into the dialect used by the majority of the inhabitants, 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;

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

(11) Perform such other duties and functions and exercise such other powers as provided

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

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Section 27. The City Treasurer. — (a) The city treasurer shall be appointed by the
Secretary of the Department of Finance (DOF) from a list of at least three (3) ranking
eligible recommendees of the city mayor, subject to civil service law, rules and
regulations.

(b) The city treasurer shall be under the administrative supervision of the city mayor, to
whom one shall report regularly on the tax collection efforts of the City,

(c) No person shall be appointed city treasurer unless one is a citizen of the Philippines,
a resident of the City of Bauan, of good moral character, a holder of a college degree
preferably in commerce, public administration or law from a recognized college or
university, and a first grade civil service eligible or its equivalent. One 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 has been entrusted by law or other competent authority;

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

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

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

‘Section 28. The City Assessor. — (a) The city assessor must be a citizen of the Philippines,
a resident of the City of Bauan, 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.
One must have an experience in real property assessment work or in any related field for
at least five (5) years immediately preceding the date of the appointment.

24


(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:

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

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

(3) Establish a systematic method of real property assessment;
(4) Install and maintain real property identification and accounting systems;

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

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

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

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

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

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

(11) Attend personally or through an authorized representative all sessions of the local
board of assessments; 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, and those that are prescribed by law or ordinance.

Section 29. The City Accountant. — (a) The city accountant must be a citizen of the
Philippines, a resident of the City of Bauan, of good moral character, a certified public
accountant and must have acquired experience in the treasury or accounting, service for
at least five (5) years immediately preceding the date of the appointment.

25


(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, and shall:

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

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

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

(4) Certify to the availability of budgetary allotment from which expenditures and
obligations maybe properly charged;

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

(6) Prepare statement of cash advances, liquidations, salaries, allowances,
reimbursements and remittances pertaining to the City;

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

(8) Post individual disbursements to subsidiary ledgers and index cards;

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

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

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

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

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


Section 30. The City Budget Officer. — (a) The city budget officer must be a citizen of the
Philippines, , a resident of the City of Bauan, 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. The city budget officer must have acquired experience in government
budgeting or in any related field for at least five (5) years immediately preceding the date
of the appointment.

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

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

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

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

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

(5) Submit periodic budgetary reports to the DBM;

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

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

(8) Coordinate with the city planning and development office in the formulation of the
development plan of the City; and

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

Section 31. The City Planning and Development Officer. — (a) The city planning and
development officer must be a citizen of the Philippines, a resident of the City of Bauan,
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.
One must have acquired experience in development planning or in any related field for at
least five (5) years immediately preceding the date of the appointment.

27


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

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

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

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

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

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

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

(6) Analyze the income and expenditure patterns, and formulate and recommend fiscal
plans and policies for the consideration of the finance committee of the sangguniang
Paniungsod;

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

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

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

Section 32. The City Engineer. — (a) The city engineer must be a citizen of the Philippines,
a resident of the City of Bauan, of good moral character and a licensed civil engineer.
One must have acquired experience in the practice of his profession for at least five (5)
years immediately preceding the date of the appointment.

(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:

28


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

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

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

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

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

Section 33. The City Health Officer. — (a) The city health officer must be a citizen of the
Philippines, a resident of the City of Bauan, of good moral character and a licensed
medical practitioner. One must have acquired experience in the practice of his profession
for at least five (5) years immediately preceding the date of the appointment.

(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 office, formulate program implementation
guidelines and rules and regulations for the operation of the office for the approval of the
city mayor in order to assist 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 but activities to
ensure the delivery of basic services and the provision of adequate faculties relative to
health services as provided for under Section 17 of the Local Government Code of 1991;

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

(4) In addition to the fore going duties and functions, the city health officer shall

29


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

(ji), Advise the city mayor and the sangguniang paniungsod on matters pertaining to
health;

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

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

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

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

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

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

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

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

Section 34. The City Civil Registrar. — (a) The city civil registrar must be a citizen of the
Philippines, a resident of the City of Bauan, 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. One must have acquired experience in civil registry work for at least five
(5) years immediately preceding the date of the appointment.

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

(c) The city civil registrar shall be responsible for the civil registration program in the City
of Bauan, pursuant to the Civil Registry Law, the Omnibus Election 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;

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

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

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

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

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

(v) Issue certified transcripts or copies of any certificate or registered documents upon
payment of the required fees to the city treasurer,

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

(vil) Coordinate with the National Statistics Office (NSO) in conducting educational
campaigns for vital registration and assist in the preparation of demographic and other
statistics for the City of Bauan.

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

Section 35. The City Administrator. — (a) The city administrator must be a citizen of the
Philippines, a resident of the City of Bauan, of good moral character, a holder of a college
degree preferably in. public administration, law or in any other related course from a
recognized college or university, and a first grade civil service eligible or its equivalent.
He must have acquired experience in management and administrative work for at least
five (5) years immediately preceding the date of his appointment.

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

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

31


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

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

(2) Assist in the coordination of the work of all the officials of the local government unit,
under the supervision, direction and control of the city mayor, and for this purpose, 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 local government unit with
the end in view of instituting effective administrative reforms;

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

(6) Recommend to the sangguniang panlungsod and advise the city mayor on all matters
relative to the management and administration of the City; and

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

Section 36. The City Legal Officer. - (a) The city legal officer must be a citizen of the
Philippines, a resident of the City of Bauan, of good moral character and a member of the
Philippine Bar. One must have practiced his profession for at least five (5) years
immediately preceding the date of the appointment.

The term of the legal officer shall be coterminous with that of his appointing authority.

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

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

32


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

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

(3) Represent the local government unit in all civil actions and special proceedings
wherein the local government unit or any official thereof, in his official capacity, is a party:
Provided, That, in actions of proceedings where a component city or municipality is a
Party adverse to the provincial government or to another component city, 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 local government unit; and
Provide comments and recommendations on any instrument already drawn;

(5) Render his opinion in writing on any question of law when requested to do so by the
city mayor or sanggunian;

(6) Investigate or cause to be investigated any Local official or employee for
administrative neglect or misconduct in office, and recommend appropriate action to the
city mayor or sanggunian;

(7) Investigate or cause to be investigated any person, firm or corporation holding any
franchise or exercising any public privilege for failure to comply with any term or condition
in the grant of such franchise or privilege, and recommending appropriate action to the
city mayor or sanggunian;

(8) When directed by the city mayor or sanggunian, initiate and prosecute in the interest
of the local government unit concerned any civil action on any bond, lease or other
contract upon any breach or violation thereof,

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

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

(11) Be in the frontline of protecting human rights and prosecuting any violation thereof,

particularly those which occur during and in the aftermath of man-made and natural
disasters or calamities; and

33


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

Section 37. The City Social Welfare and Development Officer. — (a) The city social welfare
and development officer must be a citizen of the Philippines, a resident of the City of
Bauan, of good moral character, a licensed social worker or a holder of a college degree
preferably in social work or in any other related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. One must have acquired
experience in the practice of social work for at least five (5) years immediately preceding
the date of the 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 the
social welfare and development, and shall:

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

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

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

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

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

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

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


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

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

(10) Recommend to the sangguniang panlungsod and advise the city mayor on all other
matters related to social welfare and development services which will improve the
livelihood and the living conditions of the inhabitants; and

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

Section 38. The City Veterinarian. — (a) The city veterinarian must be a citizen of the
Philippines, a resident of the City of Bauan, of good moral character and a licensed doctor
of veterinary medicine. One must have practiced his profession for at least three (3) years
immediately preceding the date of the appointment.

(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 the provision, of adequate facilities;

(2) Develop plans and strategies and upon approval thereof by the city mayor, implement
the same particularly those which have to do with veterinary-related activities which the
city mayor is empowered to implement and which the sangguniang panlungsod is
empowered to provide;

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

(4) Regulate the keeping of domestic animals;
(5) Regulate and inspect poultry, milk and dairy products for public consumption;

(6) Enforce all laws for the prevention of cruelty to animals;


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

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

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

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

Section 39. The City General Services Officer. — (a) The city general services officer must
be a citizen of the Philippines, a resident of the City of Bauan, 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. One must have acquired experience in general services,
including the management of supply, property, solid waste disposal and general
sanitation for at least five (5) years immediately preceding the date of the appointment.

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

(c) The city general services officer shall take charge of the office of the general services,
and shall:

(1) Formulate measures for the consideration of the sangguniang panlungsod and provide
technical assistance and support to the city mayor in carrying out measures to ensure the
delivery of basic services and the provision of adequate facilities which require general
services expertise in technical support services;

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

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


(4) With the approval of the city mayor assign building or land space to local officials or
other public officials who by law are entitled to such space;

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

(6) 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;

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

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

(9) 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;

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

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

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

Section 40. The City Environment and Natural Resources Officer. - (a) The city
environment and natural resources officer must be a citizen of the Philippines, a resident
of the City of Bauan, of good moral character, a holder of a college degree preferably in
environment, forestry, agriculture or in any other related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. One must have
acquired experience in environment and natural resources management, conservation
and utilization work for at least five (5) years immediately preceding the date of the
appointment.

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

7


(c) The city environment and natural resources officer shall take charge of the city
environment service department, and shall:

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

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

(3) Establish, maintain, protect and preserve communal forest, watersheds, tree parks,
mangroves, greenbelts and similar forest projects and commercial forest, 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) Promote the small scale mining and utilization of mineral resources, particularly mining

of gold;

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

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

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

(11) Perform such other duties and functions and exercise such other powers as provided

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

38


Section 41. The City Architect. — (a) The city architect must be a citizen of the Philippines,
a resident of the City of Bauan, of good moral character, and a duly licensed architect.
One must have practiced his profession for at least five (5) years immediately preceding
the date of the appointment.

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

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

(1) Formulate measures for the consideration of the sangguniang panlungsod and provide
technical assistance and support to the city mayor in carrying out measures to ensure the
delivery of basic services and the provision of adequate facilities relative to architectural
planning and design;

(2) Develop plans and strategies and, upon approval thereof by the city mayor, implement
the same, particularly those which have to do with architectural planning and design
Programs and projects which the city mayor is empowered to implement and which the
‘sangguniang panlungsod is empowered to provide for under the Local Government Code
of 1991;

(3) Prepare and recommend for consideration of the sanggunian 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 or the city mayor 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 nongovernment entities and individuals involved in
the aesthetics and maximum utilization of the land and water within the jurisdiction of the
government unit, compatible with the environmental integrity and ecological balance;

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

(7) Recommend to the sangguniang panlungsod and advise the city mayor on all other

matters relative to architectural planning and design as it relates to the total
socioeconomic development of the City; and

39


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

Section 42. The City Information Officer. — (a) The city information officer must be a citizen
of the Philippines, a resident of the City of Bauan, of good moral character, a holder of a
college degree preferably in journalism, mass communication or in any related course
from a recognized college or university, and a first grade civil service eligible or its
equivalent. One must have experience in writing articles and research papers, or writing
for print, television or broadcast media for at least three (3) years immediately preceding
the date of his appointment.

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

(c) The city information officer shall take change of the city information and community
relations department, and shall:

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

(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;

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

(4) Furnish information and data on local government units to government agencies or
offices as may be required by law or ordinance; and nongovernmental organizations to
be furnished to said agencies and organizations;

(5) Maintain effective liaison with the various sectors of the community on matters and
issues that affect the livelihood and the quality of life of the inhabitants and encourage
support for programs of the local and national government;

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

40


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

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

Section 43. The City Cooperatives Officer. - (a) The city cooperatives officer must be a
citizen of the Philippines, a resident of the City of Bauan, of good moral character, a holder
of a college degree preferably in business administration with special training On
cooperatives or in any related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. One must have acquired experience in
cooperatives organization and management for at least five (5) years immediately
preceding the date of the appointment.

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

(2) Develop plans and strategies and, upon approval thereof by the city mayor, implement
the same, particularly those which have to do with the integration of cooperatives
principles and methods in programs 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 cooperatives organization, rehabilitation or viability enhancement,

Particularly during and in the aftermath of man-made and natural disasters or calamities,
to aid in their survival and, if necessary, subsequent rehabilitation;

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(7) Recommend to the sangguniang panlungsod and advise the city mayor on all other
matters relative to cooperatives development and viability enhancement which will
improve the livelihood and the quality of life of the inhabitants; and

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

Section 44. The City Agriculturist. — (a) The city agriculturist must be a citizen of the
Philippines, a resident of the City of Bauan, of good moral character, a holder of a college
degree preferably in agriculture or in any other related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. One must have
Practiced his profession in agriculture or acquired the experience in a related field for at
least five (5) years immediately preceding the date of the appointment.

(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 of the agricultural services, and
shall

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

(2) Develop plans and strategies and, upon approval thereof by the city mayor, implement
the same, particularly those which have to do with the agricultural programs and projects
which the city mayor is empowered to implement and which the sangguniang paniungsod
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 aqua cultural 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;

(ili) Assist the city mayor in the establishment and extension serviced of demonstration
farms oh aquaculture and marine products;

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

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(v) Coordinate with government agencies and nongovernmental organizations, which
Promote agricultural productivity through applied technology compatible with
environmental integrity;

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

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

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

Section 45. The City Population Officer. — (a) The city population officer must be a citizen
of the Philippines, a resident of the City of Bauan, 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.
One must have acquired experience in the implementation of programs on population
development or responsible parenthood for at least five (5) years immediately preceding
the date of the appointment.

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

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

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

(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 the population
development principles and methods in programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is empowered to
provide;

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

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

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

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

ARTICLE Vill
THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE,
THE CITY SCHOOLS DIVISION AND THE
CITY PROSECUTION SERVICE

Section 46. The City Fire Station Service. — (a) There shall be established in the City of
Bauan at least one (1) fire station with adequate personnel, firefighting facilities and
equipment, subject to the standards, rules and regulations that may be promulgated by
the Department of the Interior and Local Government (DILG). The City shall provide the
necessary land or site of the station.

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

(c) The city fire station shall be responsible for providing emergency services such as the
fescue and evacuation of injured people related to incidents and, general, all fire
prevention and suppression measures to secure the safety of life and property of the
citizenry.

Section 47. The City Jail Service. — (a) There shall be established and maintained in the
City of Bauan a secured, clean, adequately equipped and sanitary jail for the custody and
safekeeping of prisoners, any fugitive from justice, of person detained awaiting
investigation or trial and/or violent mentally ill person who endangers oneself or the safety
of others, duly certified as such by the proper medical health officer, pending the transfer
to a mental institution.

(b) The city jail service shall be headed by a city jail warden whose qualifications shall be
as those provided for under Republic Act No. 9263, as amended, otherwise known as the
“Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004. One shall assist in the immediate rehabilitation of
individuals of detention of prisoners. Great care must be exercised so that human rights
of these prisoners are respected and protected, and their spiritual and physical well-being
are properly and promptly attended to.


Section 48. The City Schools Division. — (a) There shall be established and maintained
by the Department of Education (DepED), a city schools division in the City of Bauan
whose area of jurisdiction will cover all the school districts within the City.

(b) The city schools division shall be headed by a city schools division superintendent
who must possess the necessary qualifications required by the DepED.

Section 49. The City Prosecution Service. — (a) There shall be established in the City of
Bauan, a city prosecution service to be headed by a city prosecutor and such number of
assistant city prosecutors, as may be necessary, who shall be organizationally part of the
Department of Justice (DOJ), and under the supervision and control of the Secretary of
Justice, and whose qualifications, manner of appointment, rank, salary and benefits shall
be governed by existing laws covering prosecutors in the DOJ.

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

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

Section 50. Municipal Ordinances Existing at the Time of the Approval of this Act. — All
municipal ordinances of the Municipality of Bauan existing at the time of the approval of
tins Act shall continue to be in force within the City of Bauan until the sangguniang
panlungsod shall declare otherwise.

Section 51. Plebiscite. - The City of Bauan 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 Bauan within thirty (30) days from
the approval of this Act. The Commission on Elections shall conduct and supervise such
plebiscite.

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

Section 52. Officials of the City of Bauan. — The present elective officials of the
Municipality of Bauan shall continue to exercise their powers and functions until such time

that a new election is held and the duly-elected officials shall have already qualified and
assumed their offices. Appointive officials and employees of the municipality shall likewise

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continue exercising their functions and duties and they shall be automatically absorbed
by the city government of the City of Bauan.

Section 53. Succession Clause. - The City of Bauan shall succeed to all the assets,
properties, liabilities and obligations of the Municipality of Bauan.

Section 54. Election of Provincial Governor and Sangguniang Panlalawigan Members of
the Province of Batangas. — The qualified voters of the City of Bauan shall be qualified to
vote and run for any elective position in the elections for provincial governor, provincial
vice governor, sangguniang panlalawigan members and other elective officials for the
Province of Batangas.

Section 55. Jurisdiction of the Province of Batangas. — The City of Bauan shall, unless
otherwise provided by law, continue to be under the jurisdiction of the Province of
Batangas.

Section 56. Suspension of Increase in Rates of Local Taxes. — No increase in the rates
of local taxes shall be imposed by the City of Bauan within the period of five (5) years
from its acquisition of corporate existence.

Section 57. Representative District. — Upon its creation, the City of Bauan shall maintain
its status as the Second Legislative District of the Province of Batangas.

Section 58. Reservation. — Nothing herein contained shall preclude the determination by
the appropriate agency or forum of boundary disputes or cases involving questions of
territorial jurisdiction between the City of Bauan and any of the adjoining local government
units even after the effectivity of this Act.

Section 59. Applicability of Laws. — The provisions of the Local Government Code of 1991,
and other laws pertaining to the Province of Batangas and such laws as are applicable
shall govern the City of Bauan insofar as they are not inconsistent with the provisions of
this Act.

Section 60. 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, other parts or provisions hereof which are not affected,
thereby shall continue to be in full force and effect.

Section 61. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in any newspaper of general and local circulation.

Approved,

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