Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No._1528

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
CONVERTING THE MUNICIPALITY OF DARAGA, ALBAY PROVINCE,
INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF DARAGA

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Daraga into a component city of the Province of
Albay.

Daraga is a first class municipality with a population of 126,595 as per the Philippine
Statistics Authority, ranking 4th largest among cities and municipalities in the Province of
Albay ~ the largest non-city LGU of Albay.

It is home to the Cagsawa Ruins, destroyed in 1814 which is one of the iconic architecture of
the Philippines. Nestled atop of Sta. Maria Hill in Barangay San Roque is the Our Lady of the
Gate Parish Church, also known as the Daraga Church. Built in 1772, the Daraga Church is
known for its Churrigueresque architectural style fagade, a fine example of Baroque
architecture. A land-locked municipality, Daraga has a land area of 11,860 hectares (118.64
km2). The municipal land area is distributed among the present 11 urban barangays and 43
rural barangays.

STRATEGIC POSITION OF DARAGA

It is also home to the Bicol University, the country’s premier university south of Luzon with
a student population of almost 30,000,the biggest in south of Luzon. It is also home to the
Bicol Regional Teaching and Training Hospital (BRRTH), the largest hospital in Bicol region
which is expanding into the Bicol Healthcare City. Further, the Municipality of Daraga is the
host of the Southern Luzon International Airport and Grand Terminal for Bicol region of the
Mayon South Luzon Railway System. While originally agriculture-based, Daraga over the
years is rapidly evolving into a thriving commercial hub with steady economic growth as it
Serves as a melting pot of Albay where the populace from the surrounding municipalities of
Camalig on the north, Albay District on the east and on the west, the towns of Donsol, Pilar

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and as far as Castilla of the Province of Sorsogon converge for leisure or to engage in trade
In fact, among all towns in Albay, Daraga has the highest number of business establishments
with over 2,300 as of 2011, according to the Permits and Licensing Office. It is also a center
for manufacturing abaca products such as cordage, handicraft, paper pulp, and furniture
pieces which are sold locally and overseas. Needless to say, Daraga is advancing at a rapid
pace, resulting in an increase in the needs and demands of its inhabitants. It has outgrown its
status as a municipality and is now ready for cityhood.

CITYHOOD IS CRITICAL TO THE SUSTAINED DEVELOPMENT OF DARAGA’S.
COMMUNITY AND MAJOR GROWTH AREAS WHERE IT PLAYS A CENTRAL
ROLE

‘As enumerated in the foregoing, Daraga plays critical role in the development of Albay
where it is at the heart of the emerging economic platform called GUICADALE or
Guinobatan-Camalig-DARAGA-Legazpi Growth Area. Moreoso, it is at center of traffic both
in trade and tourism in the rising tourist development area called AIMaSor Tourism Alliance
of Albay-Masbate and Sorsogon. The conversion of Daraga into a city will provide Daraga
with higher resources so it can cope and optimize the growth and development currently
affecting the citizens. But in terms of per capita, the Municipality of Daraga has the lowest
IRA per capita of only P1,542.73 which may not be sufficient vital and growing needs of
urbanization, as could be gleaned in the table below:

2016 TRA per
2016 IRA. capita_|
Albay Province | 1,362,678,536 1,346,298 | 1,012.17
| Ligao City 461,077,156 114,514 | 4,026.37
Jovellar 60,889,842 18,445 | 3,301.09
Tabaco City 407,727,683 | __136,529| 2,986.39
Manito 69,060,540 24,907 |_ 2,772.73
| Legazpi City 504,428,044 198,873 | 2,536.43
Rapu-Rapu 91,825,833 39,158 | 2,345.02
Santo Domingo 75,194,562 35,380 | 2,125.34
Pio Duran 101,336,144 49,148 | _ 2,061.84
Malinao 95,319,788 46,684 | 2,041.82
Oas 142,537,720 70,713 | 2,015.72
Malilipot 78,014,260 38,822 | 2,009.56
Tiwi 104,497,193 54,753 |_ 1,908.51
Libon 147,571,364 78,072 | 1,890.19
Guinobatan 156,083,099 82,918 | 1,882.37
Camalig 126,739,531 69,403 | _ 1,826.13
Bacacay 127,697,236 71,738 | 1,780.05
Polangui 152,003,818 89,839 | 1,691.97
aaa 195,002,236 126,401 | 1,542.73

This is below the minimum 150,000 population required under R.A. 9009. However, the
requirements for the conversion of a municipality to a component city under the aforecited
law are income and, territory or population, the last two elements being alternative in nature.

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Further, based on the data from the Department of Budget and Management, the Internal
Revenue Allotment (IRA) of the Municipality of Daraga for Fiscal Year 2016 is 195,002,236
pesos, also ranking 4th highest IRA among cities and municipalities in the Province of Albay.

‘The Municipality of Daraga having satisfied the income and area requirements under R.A.

9009 is qualified for conversion to cityhood. In view of the foregoing, immediate approval of
this measure is earnestly sought.

JOE RTE SALCEDA


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
Eighteenth Congress
First Regular Session

HOUSE BILL NO. 1528

Introduced by Representative JOEY SARTE SALCEDA

AN ACT
CONVERTING THE MUNICIPALITY OF DARAGA, ALBAY PROVINCE,
INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF DARAGA

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Title. — This Act shall be known as the Charter of the City of Daraga.

SECTION 2. The City of Daraga. ~ The Municipality of Daraga shall be converted
into a component city to be known as the City of Daraga, hereinafter referred to as the City,
which shall comprise of the present territory of the Municipality of Daraga in the Province of
Albay. The territorial jurisdiction of the City shall be within the present metes and
bounds of the Municipality of Daraga containing an area of 11,850 hectares or about 4.65%
of the land area of the Albay Province, as per approved cadastral survey.

Daraga is located in the southwest portion of Albay Province at geographical
coordinates between 123° and 124° longitude and between 13° and 14° latitude, It is bounded
on the north by Legazpi City; on the south by the Province of Sorsogon particularly the
Municipality of Pilar, on the east by Legazpi City and on the west by the Municipalities of
Camalig and Jovellar.

The foregoing provision shall be without prejudice to the resolution by the
appropriate agency or forum of existing boundary disputes or cases involving questions of
territorial jurisdiction between the City of Daraga and the adjoining local government units.

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

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

SECTION 6. Jurisdiction of the City. — The jurisdiction of the City of Daraga 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 regional trial courts and the city courts of the City of Daraga shall have concurrent
jurisdiction with the regional trial courts and the metropolitan trial courts or city or municipal
trial courts of the adjoining municipalities to try crimes and misdemeanor committed within
the said drainage area, or within said spaces of one hundred meters (100 m.). The court first
taking jurisdiction of such offense shall thereafter retain exclusive jurisdiction thereof. But
any license that may be issued within said zone, area or spaces shall be granted by the proper
authorities of the city or municipality concerned, and the fees arising therefrom shall accrue
to the treasury of the said city or municipality.

ARTICLE II
CITY OFFICIALS IN GENERAL

SECTION 7. The Officials of the City of Daraga. ~ (a) There shall be in the City: a
city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to the
sangguniang panlungsod, a city treasurer and an assistant city treasurer, a city assessor and an
assistant city assessor, a city accountant, a city budget officer, a city planning and
development coordinator, a city engineer, a city health officer, a city civil registrar, a city


administrator, a city legal officer, a city veterinarian, a city social welfare and development
officer and a city general services officer,

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

(c) The City shall establish a city fire station to be headed by a city fire marshal, a city
jail to be headed by a city jail warden, a city school division to be headed by a city school
division superintendent; and

(d) The City of Daraga may:
(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof,

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

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

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

ARTICLE III
THE CITY MAYOR AND VICE MAYOR

SECTION 8. The City Mayor. ~ (a) The city mayor shall be the chief executive of the
City. He shall be elected at large by the qualified voters of the City.

No person shall be eligible for the position of city mayor unless at the time of the
election:

(1) He is at least twenty-one (21) years of age;
(2) An actual resident of the City for at least one (1) year prior to his election; and
(3) A qualified voter therein.

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

(b) The city mayor, as the chief executive of the city government shall exercise such

powers and perform such duties and functions as provided by the Local Government Code of
1991 and other laws:


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

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

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

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

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

(v) Appoint all officials and employees whose salaries and wages are wholly
or mainly paid out of city funds and whose appointments are not otherwise
provided for in this Act 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, obligations, and such other documents with authority
from the sangguniang panlungsod or pursuant to law or ordinance;

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

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

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

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

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

(xii) Furnish copies of executive orders issued by him to the office of the
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 his understanding of problems and conditions, listen and
give appropriate counsel to local officials and inhabitants of general laws

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and ordinances which especially concem 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 by him
and 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;

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

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

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

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

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

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

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

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

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

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


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

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

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

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

(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;

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

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

(v) Issue permits without need of approval therefore from any national
agency, for the holding of activities for any charitable or welfare purpose,
excluding prohibited games 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 permit, subject to such fines and
penalties as may be imposed by law or ordinance, or to make necessary
changes in the construction of the same when said construction violates
any law or ordinance, or to order the demolition or removal of said house,
building or structure within the period prescribed by law or ordinance;

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

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

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


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

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

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

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

SECTION 9. The City Vice Mayor. — (a) There shall be a vice mayor who shall be
elected in the same manner as the city mayor and shall at the time of his election possess the
same qualifications as the city mayor. He shall hold office for three (3) years, unless sooner
removed, and shall receive a monthly compensation corresponding to salary grade twenty-six
(26) as prescribed under Republic Act No. 6758 and the implementing guidelines issued
pursuant thereto.

(b) The city vice mayor shall exercise the following duties:

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

(2) Subject to civil service law, rules and regulations, appoint all officials and
employees 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
cases of temporary vacancy; and

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

ARTICLE IV.
THE SANGGUNIANG PANLUNGSOD

SECTION 10. The Sangguniang Panlungsod. — The sangguniang panlungsod, the
legislative body of the City, shall be composed of the city vice mayor as presiding officer, the
regular sanggunian members, the president of the city chapter of the liga ng mga barangay,


the president of the panlungsod na pederasyon ng mga sangguniang kabataan and the
sectoral representatives, as members.

(a) In addition thereto, there shall be three (3) sectoral representatives: one (1) from
the women; 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; and one (1) from the other sectors, including the urban poor, indigenous cultural
communities or disabled persons.

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

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

(d) The sangguniang panlungsod shall

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

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

(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
(P5,000.00) or an imprisonment for a period not exceeding one (1) year, or
both at the discretion of the court, for violation of a city ordinance;

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

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

(vi)Protect the environment and impose appropriate penalties for acts which
endanger the environment, such as dynamite fishing and other forms of
destructive fishing, illegal logging, smuggling of logs, smuggling of
natural resources products and of endangered species of flora and fauna,


slash-and-burn farming and such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes or of ecological
imbalance;

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

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

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

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

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

(2) Generate and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City, with particular attention to
agro-industrial development and city-wide 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 and
the applicable laws and upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinances levying taxes, fees and charges,
prescribing the rates thereof for general and specific purposes and granting
tax exemption, incentive or relief,

(iii)Subject to the provisions of Book II of the Local Government Code and
upon the majority vote of all the members of the sangguniang panlungsod,


authorize the city mayor to negotiate and contract loans and other forms of
indebtedness;

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

(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 that, the
formulation, adoption or modification of said plan shall be in coordination
within 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:

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

(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, grant
the exclusive privilege of constructing fish corrals or fish pens, or the
taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any
species of fish within the city waters;

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

(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 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, regulate the operation of tricycles and grant
franchises for the operation thereof within the territorial jurisdiction of the
City; and

(vii) Upon approval by a majority vote of all the members of the sangguniang
panlungsod, grant a franchise to any person, partnership, corporation, or
cooperatives 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 said purpose, shall:

(i) Declare, prevent or abate any nuisance;

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

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

(iv)Regulate the establishment, operation and maintenance of cafes,
restaurants, beerhouses, hotels, motels, inns, pension houses, lodging


houses and other similar establishments, including tourist guides and
transports;

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

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

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

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

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

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

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

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

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

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

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

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

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putting up of signs, signposts, awnings and awning posts on the streets;
and provide for the lighting, cleaning and sprinkling of streets and public
places;

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

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

(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 the existing laws, rules and
regulations, establish and provide for the operation of vocational and
technical schools and similar post secondary institutions and, with the
approval of the Department of Education, Culture and Sports and subject
to existing laws on tuition fees, fix and collect reasonable tuition fees and
other school charges in educational institutions supported by the city
government,

(xi)Establish a scholarship fund for 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 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 disabled persons, paupers, the aged, the sick,
persons of unsound mind, abandoned minors, juvenile delinquents, drug
dependents, abused children and other needy and disadvantaged persons,
particularly children and the youth below eighteen (18) years of age; and


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

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

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

ARTICLE V
PROCESS OF LEGISLATION

SECTION 11. Internal Rules of Procedure. ~ (a) On the first regular session
following the election of its members and within ninety (90) days thereafter, the sangguniang
panlungsod shall adopt or update its existing rules of procedure.

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

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

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

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

(5) The discipline of members for disorderly behavior and absences without
justifiable cause for four (4) consecutive sessions for which they may be
censured, reprimanded, or excluded from the session, suspended for not more
than sixty (60) days, or expelled: Provided, That the penalty of suspension or
expulsion shall require the concurrence of at least two-thirds (2/3) vote of all

4


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

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

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

In the absence of a specific constitutional or statutory provisions 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 and submitted to
the secretary of the sanggunian or the secretary of the committee of which he is a member.
The disclosure shall, in all cases, form part of the record of the proceedings and shall be made
in the following manner:

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

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

SECTION 13. Sessions. ~ (a) On the first day of the session immediately following
the election of its members, the sangguniang panlungsod shall, by resolution, fix the day,
time and place of its sessions. The minimum number of regular sessions shall be once a week
for the sangguniang panlungsod and twice a month for the sangguniang barangay.

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


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

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

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

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

SECTION 14. Quorum. ~ (a) A majority of all the members of the sanggunian who
have been elected and qualified shall constitute a quorum to transact official business. Should
a question of quorum be raised during a session, the presiding officer shall immediately
proceed to call the roll of the members and thereafter announce the results.

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

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

SECTION 15. 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, he shall affix his signature on each and every page thereof; otherwise, he shall veto it
and return the same with his objections to the sanggunian, which may proceed to reconsider
the same. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of
all its members, thereby making the ordinance or resolution effective for all legal intents and
purposes.

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

(b) The city mayor shall have the power to veto any particular item or items of an
appropriations ordinance, an ordinance or resolution adopting a local development plan, any

16


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

(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.

SECTION 17. Review of City Ordinance by the Sangguniang Panlalawigan. ~ (a)
Within three (3) days after approval, the secretary to the sangguniang panlungsod shall
forward to the sangguniang panlalawigan for review, copies of approved ordinances and the
resolutions approving the local development plans and public investment programs
formulated by the local development councils.

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

(c) 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
consistent with law and therefore valid.

SECTION 18. Review of Barangay Ordinances by the Sangguniang Panlungsod. - (a)
Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang panlungsod for review as to whether the ordinance is
consistent with law and city ordinances.

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

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


SECTION 19. Enforcement of Disapproved Ordinances or Resolutions. ~ Any
attempt to enforce any ordinance or any resolution approving the local development plan and
public investment program, after the disapproval thereof, shall be sufficient ground for the
suspension or dismissal of the official or employee concerned.

SECTION 20. Effectivity of Ordinances or Resolutions. ~ (a) Unless otherwise stated
in the ordinance or the resolution approving the local development plan and public
investment program, the same shall take effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance of the City Hall of Daraga, and in at least
two (2) other conspicuous places in the City of Daraga

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

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

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

ARTICLE VI
DISQUALIFICATION AND SUCCESSION
FOR ELECTIVE CITY OFFICIALS

SECTION 21. Disqualifications for Elective Public City Officials. ~ The following
persons are not qualified from running for any elective position in the City:

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

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

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

(d) Those with dual citizenship;

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


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

(g) The insane or feeble-minded.

SECTION 22. Permanent Vacancy in the Office of the City Mayor and City Vice
Mayor. — (a) If a permanent vacancy occurs in the office of the city mayor, the city vice
mayor 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 his
permanent incapacity, the second highest ranking sangguniang panlungsod member shall
become the city mayor or city vice mayor, as the case may be. Subsequent vacancies in said
offices shall be filled automatically by the other sanggunian members according to their
ranking as defined herein

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

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

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

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

SECTION 23. Permanent Vacancies in the Sanggunian, ~ (a) Permanent vacancies in
the sangguniang panlungsod where automatic succession as provided above does not apply
shall be filled by appointments in the following manner:

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

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

(3) In case the permanent vacancy is caused by a sanggunian member who does
not belong to any political party, the city mayor shall, upon recommendation


of the sangguniang panlungsod, appoint a qualified person to fill the vacancy;
and

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

SECTION 24. Temporary Vacancy in the Office of the City Mayor. — (a) When the
city mayor is temporarily incapacitated to perform his duties for physical or legal reasons
such as, but not limited to, leave of absence, travel abroad, and suspension from office, the
city vice mayor shall automatically exercise the powers and perform the duties and functions
of the city mayor, except the power to appoint, suspend, or dismiss employees which can
only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

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

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

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

(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.

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

SECTION 25. The Secretary of the Sangguniang Panlungsod. — (a) There shall be a
secretary of the sangguniang panlungsod who shall be a career official with the rank and
salary equal to a head of a department or office.

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

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

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

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

(2) Keep the seal of the City and affix the same with his signature to all
ordinances, 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 and duly certified by the presiding officer;

(4) Forward to the Sangguniang Panlalawigan copies of duly approved ordinances
in the manner provided in Sections 56 and 57 under Book 1 of the Local
Government Code;

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

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

(7) Keep his office and all non-confidential records therein open to the public
during usual business hours;

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

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

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

SECTION 26. The City Treasurer. — (a) The city treasurer shall be appointed by the
Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city
mayor, subject to the civil service law, rules and regulations.

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

(c) No person shall be appointed treasurer unless he is a citizen of the Philippines, a

resident of the City of Daraga, of good moral character, a holder of a college degree in
commerce, public administration or law from a recognized college or university, and a first

21


grade civil service eligible or its equivalent. He must have acquired experience in treasury or
accounting service for at least five (5) years

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

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

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

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

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

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

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

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

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

(b) No person shall be appointed assistant city treasurer unless he is a citizen of the
Philippines, a resident of the City of Daraga, of good moral character, a holder of a college
degree preferably in commerce, public administration, or law from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired at
least three (3) years experience in treasury or accounting.

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

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

SECTION 28. The City Assessor. — (a) The city assessor must be a citizen of the

Philippines, a resident of the City of Daraga, of good moral character, a holder of a college
degree preferably in civil or mechanical engineering, commerce, or any other related course

22


from a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in real property assessment work or in any
related field for at least five (5) years.

(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 office, and shall:

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

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

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

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

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

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

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

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

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

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

SECTION 29. The Assistant City Assessor. — (a) The assistant city assessor must be a
citizen of the Philippines, a resident of the City of Daraga, of good moral character, a holder
of a college degree preferably in civil or mechanical engineering, commerce or any related
course from a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in assessment or in any related field for at
least five (5) years.

23


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

(c) The assistant city assessor shall assist the city assessor and perform such other
duties as the latter may assign to him. He shall have the authority to administer oaths and all
declarations of all real property for purposes of assessment.

SECTION 30. The City Accountant, — (a) The city accountant must be a citizen of the
Philippines, a resident of the City of Daraga, of good moral character, and a certified public
accountant, He must have acquired experience in the treasury or accounting service for at
least five (5) years.

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

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

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

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

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

(8) Post individual disbursements to the subsidiary ledger 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 Republic Act No. 7160, otherwise known as the Local
Government Code of 1991 and those that are prescribed by law or ordinance.

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

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

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

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

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

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

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

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

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

(7) Assist the sangguniang panlungsod in reviewing the approved budgets of
component local government units;

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

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

SECTION 32. The City Planning and Development Coordinator. ~ (a) The city

planning and development coordinator must be a citizen of the Philippines, a resident of the
City of Daraga, of good moral character, a holder of a college degree preferably in urban

25


planning, development studies, economics, public administration, or any related course from
a recognized college or university, and a first grade civil service eligible or its equivalent. He
must have acquired experience in development planning or in any related field for at least
five (5) years.

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

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

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

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

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

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

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

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

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

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

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

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

26


(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, and other engineering and public
works projects of the City;

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

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

SECTION 34. The City Health Officer. (a) The city health officer must be a citizen
of the Philippines, a resident of the City of Daraga, of good moral character, and a licensed
medical practitioner. He must have acquired experience in the practice of his profession for
at least five (5) years

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

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

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

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

(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 under the Local
Government Code;

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


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

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

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

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

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

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

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

(viii) Coordinate with other government agencies and non-governmental
organizations involved in the promotion and delivery of health services,
(ix)Be in the frontline of the delivery of health services, particularly during

and in the aftermath of man-made and natural disasters and calamities; and

(x) 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 35. The City Civil Registrar. ~ (a) The city civil registrar must be a citizen
of the Philippines, a resident of the City of Daraga, of good moral character, a holder of a
college degree from a recognized college or university, and a first grade civil service eligible
or its equivalent. He must have acquired experience in civil registry work for at least five (5)
years.

(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 Daraga, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws,
rules and regulations issued to implement them.

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

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

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

28


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

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

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

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

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

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

(vii) Coordinate with the National Statistics Office in conducting educational
campaigns for vital registration and assist in the preparation of
demographic and other statistics for the City of Daraga; and

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

SECTION 36. The City Administrator. — (a) The city administrator must be a citizen
of the Philippines, a resident of the City of Daraga, of good moral character, a holder of a
college degree preferably in public administration, law or any other related course from a
recognized college or university, and a first grade civil service eligible or its equivalent. He
must have acquired experience in management and administrative work for at least five (5)
years.

(b) The term of administrator is co-terminus with that of his appointing authority and
shall receive such compensation, emoluments and allowances as may be determined by law.

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

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

(2) In addition to the foregoing duties and functions, the administrator shall
(i) Assist in the coordination of the work of all the officials of the City, under
the supervision, direction, and control of the city mayor, and for this

purpose, he may convene the chiefs of offices and other officials of the
City;

29


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

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

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

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

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

SECTION 37. The City Legal Officer. ~ (a) The city legal officer must be a citizen of
the Philippines, a resident of the City of Daraga, of good moral character, and a member of
the Philippine Bar. He must have practiced his profession for at least five (5) years.

(b) The term of the legal officer shall be co-terminus with that of his appointing
authority.

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

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

(1) Formulate measures for the consideration of the sangguniang panlungsod and
provide legal assistance and support to the city mayor in carrying out the
delivery of basic services and 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 programs and
projects related to legal services which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide
under the local government code;

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

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

(ii) When required by the city mayor or sangguniang, draft ordinances,
contracts, bonds, leases and other instruments involving any interest of the

30


City and provide comments and recommendations on any instruments
already drawn;

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

(iv) Investigate or cause to be investigated any local official or employee for
administrative neglect or misconduct in office and recommend the
appropriate action to the city mayor or sanggunian, as the case maybe;

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

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

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

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

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

SECTION 38. The City Social Welfare and Development Officer. — (a) The city social
welfare and development officer must be a citizen of the Philippines, a resident of the City of
Daraga, of good moral character, a duly licensed social worker or a holder of a college degree
preferably in sociology or any other related course from a recognized college or university,
and a first grade civil service eligible or its equivalent. He must have acquired experience in
the practice of social work for at least five (5) years.

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

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

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

(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 panlungsod is empowered to provide;

(3) Be in the frontline of the delivery of services particularly those which have to

do with immediate relief and assistance during and in the aftermath of man-
made and natural disasters and calamities;

31


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

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

SECTION 39. 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 Daraga, of good moral character, a holder of a college degree preferably in
environment, forestry, agriculture or any other related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired
experience in the environment and natural resources management, conservation and
utilization work for at least five (5) years.

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

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

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

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

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

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

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

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

(iv) Coordinate with government agencies and non-governmental
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;


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

(5) Recommend 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

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

SECTION 40. The City Architect. — (a) The city architect must be a citizen of the
Philippines, a resident of the City of Daraga, of good moral character, and a duly licensed
architect. He must have practiced his profession for at least five (5) years.

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

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

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

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

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

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

(ii) Review and recommend for appropriate action of the sanggunian or mayor
as the case maybe, the architectural plans and design submitted by
governmental and non-governmental entities or individuals, particularly
those for undeveloped, underdeveloped, and poorly designed areas;

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

33


(4) Be in the front line 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 a man-
made and natural disasters and calamities;

(5) Recommend to the sangguniang panlungsod and advise the city mayor on all
matters relative to the architectural planning and design as it relates to the total
socioeconomic development of the city; and

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

SECTION 41. The City Information Officer. — (a) The city information officer must
be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a
college degree preferably in journalism, mass communication or any related course from a
recognized college or university, and a first grade civil service eligible or its equivalent. He
must have experience in writing articles and research papers, or writing for print, television,
or broadcast media for at least three (3) years.

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

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

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

(2) Develop plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with public
information and research data to support programs and projects which the city
mayor is empowered to implement and which the sangguniang panlungsod is
empowered to provide:

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

(i) Provide relevant, adequate, and timely information to the City and its
residents;

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

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


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

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

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

SECTION 42. The City Cooperatives Officer. — (a) The city cooperatives officer must
be a citizen of the Philippines, a resident of the City of Daraga, of good moral character, a
holder of a college degree preferably in business administration with special training on
cooperatives or any related course from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have experience on cooperatives development
for at least five (5) years.

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

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

(1) Formulate measures for consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and 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 cooperative principles and methods in programs which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide for under the Local Government Code;

(3) In addition to the foregoing duties and functions, the cooperatives officer shall:

(i) Assist in the organization of cooperatives;

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

(iii) Assist cooperatives in establishing linkages with government agencies and
non-government organizations involved in the promotion and integration
of the concept of cooperatives in the livelihood of the people and other
community activities;

35


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

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

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

SECTION 43. The City Population Officer. ~ (a) The city population officer must be
a citizen of the Philippines, a resident of the City of Daraga, of good moral character, a holder
of a college degree preferably with specialized training in population development from a
recognized college or university, and a first grade civil service eligible or its equivalent. He
must have experience in the implementation of programs or population development or
responsible parenthood for at least five (5) years.

(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 provisions of adequate
facilities relative to the integration of the population development, principles
and in providing access to said services and facilities;

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

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

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

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

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

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

SECTION 44, The City Veterinarian. ~ (a) The city veterinarian must be a citizen of
the Philippines, a resident of the City of Daraga, of good moral character, and a licensed
doctor of veterinary medicine. He must have practiced his profession at least three (3) years.

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

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

(1) Formulate measures for consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and 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) In addition to the foregoing duties and functions, the veterinarian shall:

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

(ii) Regulate the keeping of domestic animals,

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

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

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

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

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

(6) Perform such other duties and functions and exercise such other powers as

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

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SECTION 45. The City General Services Officer. — (a) The city general services
officer must be a citizen of the Philippines, a resident of the City of Daraga, of good moral
character, a holder of a college degree in public administration, business administration and
management from a recognized college or university, and a first grade civil service eligible or
its equivalent. He must have acquired experience in general services, including management
of supply, solid waste disposal, and general sanitation for at least five (5) years.

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

(©) The city general services officer shall take charge of the office 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 provision of adequate
facilities which require general services expertise and technical support
services;

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

(3) In addition to the foregoing duties and functions, the general services officer
shall:

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

(ii) 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 space;

(iii) 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;

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

(v) 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 City;

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

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

(viii) Perform all other functions pertaining to supply and property
management heretofore performed by the local government treasurer and
enforces policies on records creation, maintenance, and disposal;

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

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

(6) Perform such other duties and functions and exercise such other 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 46. The City Agriculturist. ~ (a) The city agriculturist must be a citizen of
the Philippines, a resident of the City of Daraga, of good moral character, a holder of a
college degree preferably in agriculture or any other related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. He must have practiced
his profession in agriculture or acquired the experience in a related field for at least five (5)
years,

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

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

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

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

(3) In addition to the foregoing duties and functions, the 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;

(iii) Assist the city mayor in the establishment and extension services of
demonstration farms or aqua-culture and marine products;

(iv) Enforce rules and regulations relating to agriculture and aqua-culture;

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

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

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

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

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

SECTION 47. The City Fire Station Service. — (a) There shall be established in the
City at least one (1) fire station with adequate personnel, fire fighting facilities and
equipment, subject to the standards, rules and regulations that may be promulgated by the
Department of the Interior and Local Government. The City shall provide the necessary land
or site of the station.

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

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

SECTION 48. The City Jail Service. — (a) There shall be established and maintained
in the City a secured, clean, adequately equipped and sanitary jail for the custody and
safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation
or trial and or transfer to the national penitentiary, and/or violent mentally ill person who
endangers himself or the safety of others, duly certified as such by the proper medical health
officer, pending the transfer to a mental institution.

(b) The city jail service shall be headed by a city jail warden who must be a graduate
of a four (4) year course in psychology, psychiatry, sociology, nursing, social work or
criminology who shall assist in the immediate rehabilitation of individuals or detention of
prisoners. Great care must be exercised so that human rights of these prisoners are respected
and protected, and their spiritual and physical well-being are properly and promptly attended
to.

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SECTION 49. The City School Division. — (a) The Department of Education shall
establish and maintain a school division of the City of Daraga whose area of jurisdiction will
cover all the school districts within the City, and

(b) The city school division shall be headed by a division superintendent who must
possess a qualification required by the Department of Education

ARTICLE IX,
TRANSITORY AND FINAL PROVISIONS

SECTION 50, Municipal Ordinance Existing at the Time of the Approval of this Act.
~ All municipal ordinances of the Municipality of Daraga existing at the time of the approval
of this Act shall continue to be in force within the City of Daraga until the sangguniang
panlungsod ordinance shall provide otherwise

SECTION 51. Plebiscite. ~The City of Daraga 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 Daraga within sixty (60) days from
the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality
of Daraga. The Commission on Elections shall conduct and supervise such plebiscite.

SECTION 52. Officials of the City of Daraga. — The present elective officials of the
Municipality of Daraga shall continue to exercise their powers and functions until such a time
that a new election is held and the duly-elected officials shall have already qualified and
assumed their offices. The appointive officials and employees of the Municipality shall
likewise continue exercising their functions and duties and they shall be automatically
absorbed by the City Government of Daraga.

SECTION 53. Succession Clause. ~ The City of Daraga shall succeed to all the assets,
properties, liabilities, and obligations of the Municipality of Daraga.

SECTION 54, Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Albay. ~ The qualified voters of the City of Daraga shall qualify
to vote and run for any elective position in the elections for provincial governor, provincial
vice-governor, sangguniang panlalawigan members and other elective offices for the
Province of Albay.

SECTION 55. Jurisdiction of the Province of Albay, - The City of Daraga shall,
unless otherwise provided by law, continue to be under the jurisdiction of Albay Province

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

SECTION 57. Representative District. — Until otherwise provided by law, the City of
Daraga shall continue to be a part of the Second Congressional District of Albay Province.

SECTION 58. Applicability of Laws. — The provisions of Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and such laws as are applicable to

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component cities shall govern the City of Daraga in so far as they are not inconsistent with
the provisions of this Act.

SECTION 59. Separability Clause. — If any part of this Act is declared invalid or
unconstitutional, the other parts or provisions thereof shall remain valid and effective.

SECTION 60. 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 Daraga and any of the adjoining local
government units even after the effectivity of this Act.

SECTION 61. Repealing Clause. — Presidential Decree No. 125, otherwise known as
“Amending Certain Provisions of Republic Act No. 2234, otherwise known as The City
Charter of Legazpi, and for other purposes” is hereby repealed. All other laws, decrees, rules
and regulations or parts thereof inconsistent with the provisions of this Act are also hereby
repealed, amended or modified accordingly.

SECTION 62. Effectivity. — This Act shall take effect upon its publication in at least
two (2) newspapers of general and local circulation.

Approved,

a