Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

uovse piu.no, 1324
Introduced by Representatives Daphne A. Lagon and Sonny L. Lagon

EXPLANATORY NOTE

This bill secks to convert the Municipality of Coasolacion, Province of Cebu into a
‘component city to be known as the City of Consolacion.

‘The Municipality of Consolacion is a first income class municipality in the Province of
‘Cebu and a component local government tnit of Metro Cebu. It is bordered on the North by the
Municipality of Liloan, to the West by Cebu City, on the East by the Camotes Sea and on the South
by the City of Mandaue.

Due to its proximity to Cebu’s urban centers, Consolacion is a booming urban residential
‘community with a thriving economy being home to several mid-size industries. With major-ticket
development projects soon to be started such as the 25-hectare New Cebu Intemational Container
Port and the 235-hectare La Consolacion Sealiont Project, the municipality will definitely
strengthen its position as a major industrial and commercial center in the Province of Cebu in the
near future. As of 2020, it has a population of 148,012 and revenues amounting to more than five
hundred eight thousand pesos (508,042,698),

Consolacion’s bid for cityhood was, however, derailed due to its failure to meet cither of
the land and population requirements. With the passage, however, of Republic Act 11683 recently,
Consolacion’s cityhood deserves a closer consideration not to mention the very high possibility
that its population may have already exceeded one hundred fifty thousand (150,000) as of the filing
of this measure.

‘Converting the Municipality of Consolacion into @ component city will certainly enhance
its capability to deliver more and improved social services to its constituents and encourage more
investors to locate and do business within its territorial jurisdiction.

With the end view of improving Consolacion’s delivery of basic services and promote the
equitable allocation of national resources, the eamest approval of this measure is highly sought.

DAPI KKGon SONNY L-TAGON
6" District, Cebu Party List, Ako Bisaya


Republic of the Phitippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1324

Introduced by Representatives Daphne A. Lagon and Sonny L. Lagon

AN ACT
CONVERTING THE MUNICIPALITY OF CONSOLACION IN THE PROVINCE OF
CEBU INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF
CONSOLACION

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

ARTICLE 1
GENERAL PROVISIONS

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

SECTION 2. The City of Consolacion - The Municipality of Consolacion shall be
converted into a component city to be known as the City of Consolacion, hereinafter referred
to as the City, which shall comprise the present territory of the Municipality of Consolacion,
Province of Cebu,

‘The territorial jurisdiction of the City shal! be within the present metes and bounds of
the Municipality of Consolacion.

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


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

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

(c) To have and use a corporate scal;

(4) To acquire, hold and convey real or personal property,
{¢} To enter into any contract and/or agreement, and

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

SECTION 4. General Powers. - The City shall have a common seal and may alter the
same at its pleasure. Provided, That any change of corporate seal shall be registered with the
Department of the Interior and Local Government (DILG),

It shall exercise the powers to levy taxes, fees and charges; to close and open roads,
streets, alleys, parks or squares; to take, purchase, reccive, hold, lease, convey and dispose of
real and personal property for the generat interest of the City; to expropriate or condemn private
property for public use; to contract and to be contracted with; to sue and be sued; to prosecute
and defend to final judgment and execution suits wherein the City is involved or interested in;
and fo exercise all the powers as are granted to corporations or as hereinafter conferred.

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

SEC.6. Jurisdiction of the City. ~The jurisdiction of the City, for police purposes only,
shall be coextensive with its territorial jurisdiction and, for the purpose of protecting and
‘ensuring the purity of the water supply of the City, such police jurisdiction shall also extend
‘over all the territory within the drainage area of such water supply, or within one hundred
‘meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in
connection with the city water service.

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


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

ARTICLE It
CITY OFFICIALS IN GENERAL

SEC. 7. Lhe officials of the City of Consolacion. ~ (a) There shall be in the City of
Consolacion: a City Mayor, a City Vice Mayor, Sangguniang Pamlungsod members, a secretary
to the Sangguniang Panlwngsod, a city treasurer, @ city assessor, a city accountant, a city budget
officer, a city planning and development officer, a city engineer, a city health officer. a city
civil registrar, a city administrator. a city legal officer, a city social welfare and development
officer, a city veterinarian and a city weneral services officer.

(>) In addition thereto, the City Mayor may appoint a city environment and natural
resourecs officer, a city architect, a city information officer, a city cooperative officer, a city
population officer and a city agriculturist.

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

(4) The Sangguniang Panlungsoxt may:
(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof,

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

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

(ce) 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 Sangeuniang.
Panlungsixd members, subject (0 civil service laws, rules and regulations. The Sangeuniang
Panlungsod shall act on the appointment within fifteen (15) days from the date of its
submission, otherwise the same shall be deemed confirmed.


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

ARTICLE I
THE CITY MAYOR AND CITY VICE MAYOR

SEC. 8. Phe City Mayor - (a) The City Mayor shall be the chief executive of the City
and shall be elected at large by the qualified voters of the city, No person shall be eligible for
the position of City Mayor unless, at the time of the election, that person is a citizen of the
Philippines, at least twenty-one (21 } years of age, a resident of the City for at least one (1) year
immediately preceding the day of the election and a qualified registered voter therein, and is
able to read and write Filipino or any other local language or dialect, The City Mayor shall
hold office for three (3) years, unless sooner removed, but shall serve for not more than three
(3) consecutive terms in the same position, The City Mayor shall receive a minimum monthly
compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No.
6758, as amended, otherwise known as the "Compensation and Position Classification Act of
1989", and the implementing guidelines issued pursuant thereto.

‘The City Mayor, as the Chief Executive of the City Government, shall exercise such
powers and perform such duties and functions as provided under the Local Government Code
of 1991, as amended, this Act, and other laws.

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

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

{i) Determine the guidelines of city policies and be responsible to the Samggumang
Pantungsod tor the program of government:

(ii) Direct the formulation of the city development plan, with the assistance of the city
development council and, upon approval thereto by the Sangguniang Panglungsod, implement
‘the same;

(iti) 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 ta the Sangguniang Paniungsod and, as
often as may be deemed necessary. provide such information and data needed or requested by
said Sanggumian 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 under the Local
Government Code of 1991, as amended, and in this Act, and those whose appointment he or
she may be authorized by laws fo appoi

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

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

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

(1x) Allocate and assign office space (o the City and other officials and employees who,
‘by law or ordinance, are entitled to space in the city hall and other buildings owned or leased
by the city govemment;

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

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

(sii) Furnish copies of executive onders issued to the provincial govemor within
seventy-two (72) hours after their issuance;

(xiii) Visit component barangays of the City at least once every six (6) months to deepen
understanding of the problems and conditions, listen and give appropriate counsel to local
officials and inhabitants, inform the component barangay officials and inhabitants of general
laws and ordinances which especially 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 Icave applications of officials and employees appointed by him or her and
‘on the commutation of the monetary value of their leave credits in accordance with law;

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

(vi) Require owners of illegally constructed houses, buildings or other structures to
obtain the necessary permits, subject to fines and penalties as may be imposed by law or
ordinance, or to make necessary changes in their construction when violative of any law or
‘ordinance, or to onder the demolition or removal of a house, building or structure with the
period prescribed by law or ordinance:

(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest


and other resources of the City;

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

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

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

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

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

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

(c) During the incumbency of the City Mayor, he or she shall hold office in the city
hall

SEC. 9. The City Vice Mavor. - (a) There shall be a City Vice Mayor who shall be
lected in the same manner as the City Mayor and shall, at the time of the election, possess the
same qualifications as the City Mayor. The City Vice Mayor shall hold office for three (3)
years, unless sooner removed, and shall receive a monthly compensation corresponding to
Salary Grade Twenty-Six (26) ax prescribed under the "Compensation and Position
Classification Act of 1989", as amended, and the implementing guidelines issued pursuant
thereto.

(b) The City Vice Mayor shall:

(1) Be the presiding officer of the Sangguniang Pantungsod and shalt 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
einployees of the Sangeuniang Pankungsod, except those whose manner of appointment is
specifically provided for under the Local Government Code of 1991, as amended:


10

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

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

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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

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

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

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

SEC. 11. Powers, Daities, Munctions and Compensation - The Sangguniang
Panlungsod, 28 the legislative body of the City, shall enact ordinances, approve resolutions and
appropriate funds for the general welfare of the City and its inhabitants pursuant to Section 16
of the Local Government Code of 1991, as amended, and in the proper exercise of the corporate
powers of the City as provided for under Section 22 of the Local Government Code of 1991,
as amended, anid shall:

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


nu

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

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

(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos
(P5,000.00) or imprisonment for a period not exceeding one (1) year, or both, at the discretion
of the court, for violation of city ordinance,

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

(¥) Enact ordinances intended to prevent, suppress and impose appropriate penalties for
habitual drunkenness in public places, vagrancy, mendicancy, prostitution, the establishment
and maintenance of houses of ill-repute, illegal gambling and other prohibited games of chance,
freudulent 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
pomographic 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, ilegal
fogging, smuggling of logs, smuggling of natural resources products and of endangered species
of flora and fauna, slash-and-bum farming and such other activities which result in pollution,
acceleration of siltation of rivers and lakes or of ecological imbalance;

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

(vii) Determine the positions and the salaries, wages, allowances and other emoluments
‘and benefits of officials and emptoyees 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 goverment;

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


12

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

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

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

(xiii) Provide for group insurance or additional insurance coverage for all barangay
officials, including members of barangay tanod brigades and service units, with public oF
private insurance companies, when the finances of the city goverment allow coverage:

(2) Generate and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City, us provided for under the Local
Government Code of 1991, as amended, with particular attention to agro-industrial
development and citywide growth and progress and, relative thereto, shall;

4i) Approve the annual and supplemental budgets of the city govemment 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;

(Gi) Subject to the provisions of Book II of the Local Government Code of 1991, as
amended, and applicable laws and, upon the majority vote of all the members of the
Sangguniang Panlungsod, enact ordinances levying taxes, fees and charges, prescnbing the
rates thereof for general and specific purposes and granting tax exemptions, incentives or
reliefs,

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


13

{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 member of the Sangewniang
Panlungsod, authorize the City Mayor to lease to private partics such public buildings held in
‘@ proprietary capacity, subject to existing laws, nates and regulations,

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

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

(viii) Reclassify lands within the jurisdiction of the City, subject to the pertinent
provisions of the Local Goverment Code of 1991, as amended:

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

(x) Subject to national law, process and approve subdivision plans for residential,
commercial or industrial purposes and other development purposes, and to callect 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 thiety (30) days from receipt of the application. Failure to act on
the application within the period stated above shail be deemed as approval thereof,

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

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

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

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

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


(3) Subject to the provisions of BOOK II of the Local Government Code of 1991. as
amended, enact ordinances granting franchises and authorizing the issuance of permits oF
licenses, upon conditions and for purposes intended to promote the general welfare of the
inhabitants of the City and, pursuant to this legislative authority, shall:

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

{ii) Regulate or fix license fees for any business or practice of profession within the
City and the conditions under which the license for the 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:

(¥) 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 (DOT®),
regulate the operation of tncyeles and grant fanchises 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 Sangewnang
Panlungsod, gram a franchise to any person, partnership, corporation or cooperative to do
business within the City, establish, construct, operate and maintain ferries, wharves, markets
or slaughterhouses; or undertake other activities within the City as may be allowed by existing
laws: Provided, That cooperatives shall be given preference in the grant of franchise:

(4) Regulate activities relative (0 the use of land, buildings and structures within the
City on order to promote the general welfure and, for the said purpose, shall:

(i) Declare, prevent or abate any nuisance;

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


15

ical and other wastes from hospitals, clinics and other

(iii) Regulate the disposal of ci
similar establishments,

iv} Regulate the establishment, operation and maintenance of restaurants, beethouses,
hotels, motels, inns. pension houses, Jadging 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 outlet;

(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 facility, including the theatrical performances, circuses, billiard halls, public
dancing schools, public dance hails, 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,
Of 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 communi

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

{ix} Regulate the establishment, operation and maintenance of funeral parlors and the
burial or cremation of the dead, subject to existing laws, rules and regulations;

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

{i) Provide tor the establishment, maintenance, protection and conservation of
communal forests and watersheds. tree parks and greenbelts, mangroves, and other similar
forest development projects;

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

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


16

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

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

(vi) Regulate traffic on all streets and bridges, prohibit enctoachinents of 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 City's inhabitants and to
purify the source of the water supply; regulate the construction, maintenance, repair and use of
hydrants, pumps, cisterns and reservoirs: protect the purity and the quantity of the water supply
of the City and, for this purpose, extend the coverage of appropriate ordinances over all
territories within the drainage area of said water supply within one hundred meters (100 m). of
the reservoir, canal, conduit, aqueduct, pumping station or watershed used in connection with
the water service; and regulate the consumption, use or wastage of water and fix and collect
charges thereof,

(viii) Regulate the drilling and excavation of the ground for the laying of water, gas,
sewer and other pipes and the construction, repair and maintenance of public drains, sewers,
cesspools, tunnels and similar structures, 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 dangeraus
to the welfare of the City's inhabitants,

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


v

(xi) Establish @ 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 the spread of diseases;

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

(xiv) Provide for the care of PWDs, paupers, the elderly, the sick, persons of unsound
mind, abandoned minors, juvenile delinquents, drug dependents, abused children and the youth
below eighteen (18) years of aye and, subject to the availability of funds, establish and provide
for the operation of centers and facilities for the 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 appropnate funds for the subsistence
of detainees and convicted prisoners in the City;

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

(xvii) Establish a city council for the elderly and senior citizens which shall formulate
policies and adopt measures mutually beneficial to the elderly and 10 the community: provide
incentives for nongovernmental entities and, subject to the availability of funds, appropriate
funds to support programs and projects for the benefit of the elderly, and

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

ARTICLE V
PROCESS OF LEGISLATION

SEC.12. Jntemoal Rules of Procedure, - (a) On the first regular session following the
election of its members and within ninety (90) days thereafter, the Sangguniang Panglungsod
shall adopt or update its existing rales 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 the committees on appropriations,


8

Tevenues, 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 committce: and the clection of the
chairperson and members of each committee;

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

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

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

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

SEC.13. Full Disclosure of Financial and Business Interests of Sangguniang
Pantungsod Members. ~ (a) Every Sangguniang Pantungsod member shall, upon assumption
to office, make a full disclosure of business and financial interests. Such disclosure shall also
include professional relationship or any relation by affinity or consanguinity within the fourth
civil degree with any person, firm or entity affected by any ordinance or resolution under
consideration by the Sanggunian of which he or she is a member, which relationship may result
in conflict of interests, Such relationship shall include;

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

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

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

(b) The Disclosure required under this Act shall be made in writing and shall be
submitted to the secretary of the Sanggzorian or the secretary of the committee of which he or


19

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

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

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

SEC.14, Sessions. — (a) On the first day of the session immediately following the
election of its members, the Sanggumang Panfungsod shall, by resolution, fix the day. time
and place of its sessions. The minimum number of regular sessions shail be once a week for
the Sangguniang Pantungsod 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 3 majority of the members of the Sangywnrian.

(c) All Sanggunian sessions shall be open to the public unless a closed-door session is
ordered by an affirmative vote of the majority of the members present, there being a quonam,
in the public interest or for reasons of security, decency of 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 member's usual place of residence at least twenty-four (24)
hours before the special session is held

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

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

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

(b) Where there is no quorum, the presiding officer may declare a recess until such time
a quorum is constituted, or as 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 @ member or members of the police


20

force assigned in the territorial jurisdiction of the City of Consolacion, to arrest the absent
member and present him or her at the session.

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

SEC. 16. Approval of Ordinances. ~ (a) Every ordinance enacted by the Sangguniang,
Panlungsod shall be presented to the City Mayor, If the City Mayor approved the same, his or
her signature shall be affixed on cach and every page thereof, atherwisc, the ordinance shall be
vetoed and return the same with his or her statement on the objections to the Samggunian, which
may proceed to reconsider the same. The Sangeunian may override the veto of the City Mayor
by two-thirds (2/3} vote of all its members, thereby making the ordinance or resolution effective
for all legal intents and purposes.

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

SEC. 17, ~ Veto Pawer of the City Mayor, ~(a) The City Mayor may veto any ordinance
of the Sangguniang Pan/ungsod on the ground that it is wlara vires or prejudicial to the public
‘welfare, stating the reasons thereof in writing.

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

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

SEC. 18 — Review of City Ordinances 6y the Sangguniang Panlalawigan. ~ (a) Within
three (3) days after approval, the secretary to the Sangguniang Pankungsod shall forward to the
Sangguniang Panlalawigan for review, copies of approved ordinances and the resolutions
approving the local development plans and the public investment programs formulated by the
local development councils.

(b) Within thirty (30) days after reccipt 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 attomey or the
provincial prosecutor shall, within a period of ten (10) days from receipt of the documents,


a

inform the Sangguniang Panlalawigan in writing of his or her comments or recommendations
which may be considered by the Sangguniang Panlalawigan in making its decision

te) If the Sangguniang Panialawigan finds that such an ordinance or resolution is
beyond the power conferred upon the Sangguniang Panlungsod, it shall declare such ordinance
or resolution invalid in whole or in part. The Sanggumang Paniaiawigan shall enter its action
in the minutes and shall advise the corresponding city authorities of the action it has taken.

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

SEC, 19. Review of Barangay Ordinances hy the Sangguniang Panlungsod «(ay Within
ten (10) days after its enactment, the Sangguniang Barangay shat! furnish copies of all
barangay ordinances to the Sangguniang Panlungsod for review as to whether the ordinances
‘are consistent with law and city ordinances.

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

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

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

SEC. 21. Effectivity of Ordinances or Resolutions. ~ (2) Unless otherwise stated in the
‘ordinance or the resolution approving the local development plan and the public investment
program, the same shall take effect after ten (10) days from the date a copy thereof is posted in
a bulletin board at the entrance of the city hall and in at least two (2) other conspicuous places
in the City not later than five (5) days after approval thereof.

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


2

{c} Ordinances with penal sanctions shall be posted at prominent places in city ball, for
‘a minimum period of three (3) consecutive weeks, Such ordinances shall also be published in
a newspaper of general circulation within the City,

ARTICLE VI

DISQUALIFICATION AND SUCCESSION OF
ELECTIVE CITY OFFICIALS

SEC. 22. Disqualification of Elective City Officials. - The following persons are
disqualified from running for any elective position in the City:

(a) Those sentenced by final judgment for an offense involving moral turpitude or an
offense punishable by onc (|) 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) Fugitive from justice in criminal or nonpolitical cases here and abroad:

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

(g) The in sane or feeble-minded.

SEC. 23. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor,
-(a) Ifa permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor shall
become the City Mayor. If a permanent vacancy occurs in the office of the City Vice Mayor,
the highest ranking Sanggumang Manfungsod member or, in case of his or her permanent
incapacity, the second highest ranking Sangguniang Pantungsodt member becomes the City
Mayor or the City Vice Mayor, as the case may be. Subsequent vacancies in the said offices
shall be filled automatically by the other Senggunian members according to their ranking as
defined under the Local Government Code of 1991, as amended.

{(b) If'a permanent vacancy occurs in the office of tlie Pinang Barangay the highest
ranking Sangguniang Barangay member or, in case of his of her permanent incapacity, the
second highest ranking Sanggunian member shall become the Punong Barangay.


23

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

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

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

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

SEC. 24, Permanent Vacancies in the Sangguniang Panlungsod. - Permanent vacancies
in the Sanggunany Pantungsod where automatic succession as provided above does not apply
shall be filled in by appointments in the following manner:

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

{b) Only the nominee of the political party under which the Sanggumian member
concerned had been elected and whose elevation to the position next higher in rank created the
last vacancy in the Sanggunian shall be appointed in the manner herein provided. The appointee
shall come from the same political party as that of the Sanggunian member who caused the
vacancy and shall serve the unexpired tenn 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 sie qua
‘non endl any appointment without such nomination and certification shall be null and void ab
{initio and shall be a ground for administrative action against the official responsible therefor,

(c) In case the permanent vacancy is caused by a Sanggunian member who does not
belong to any political party, the City Mayor shall, upon the recommendation of the
Sangguniang, Panlungsod, appoints quaittied person to fill in the vacancy; and

{d) In case of vacancy in the representation of the youth and the barangay in the
Sangguniang Panlungsod, said vacaney shall be filled in automatically by the official next-in-
rank of the Sangguniang Kabataan or barengey concemed.

SEC. 25, Temporary Vacancy in the Office of the City Mayor. - (a) When the City
Mayor is temporarily incapacitated to perform his or her duties for physical or legal reasons,
such as, but not limited to, leave of absence, travel abroad and suspension from office, the City
Vice Mayor or the highest ranking Sangguniang Pantungsod member shall automatically
exercise the powers and perform the duties and fimetions af the City Mayor, except the power


24

to appoint, suspend or dismiss employees which can only be exercised if the petiod of
temporary incapacity exceeds thirty (30) working days.

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

(c) When the City Mayor is traveling within the country but outside the territorial
Jurisdiction for a period not exceeding three (3) consecutive days, he or she may designate in
writing the officer-in-charge of the office. The authorization shall specify the powers and
functions that the local official concemed 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 Viee Mayor or the highest ranking Sangguniang Panlungsod member.
as the case may be, shall have the right to assume the powers, duties and functions ofthe office
cn the fourth (4th) day of absence of the City Mayor, subject to the limitations provided for in
subsection (c} hereof,

(e) Except as provided above. the City Mayor shall, in no case, authorize any local
official to assume the powers, duties and functions of the office other than the City Vice Mayor
oo the highest ranking member of the Sangguniang Panlungsod, as the case may be.

ARTICLEVIL
THE APPOINTIVE OFFICIALS OF THE CITY

SEC. 26. The Secretary to the Sangguniang Pantungsod. -(a) There shall be a secretary
to the Sanggumang Pantungsod who shall be a career official with the rank and salary equal 10
a head of a department or office

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

(c) The secretary to the Sangguniang Panlungsod shall take charge of the office of the
Sangguniang Panlungsod, and shall:

(1) Attend meetings of the Sangguniang Panlungsod and keep a journal of its
proceedings


25

(2) Keep the seal of the City and affix it with his or her signature to all ordinances.
resolutions and other official acts of the Sanggumang Panlungsod, and present these for the
signature of the presiding officer,

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

(4) Forward to the Sangguniang Panlalawigan copies of duly approved ordinances in
the manner as provided for in Sections 56 and $7 of the Local Government Code of 1991, as

amended;

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

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

(7) Keep the office and all nonconfidential records therein open t the public during
usual business hours,

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

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

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

SEC. 27. The City Treasurer. - (a) The City Treasurer shall be appointed by the
Secretary of the Department of Finance (DOF) from a list of at least three (3) ranking eligible
recommendces of the City Mayor, subject to ctvil service law, rules and regulations.

(b) The City Treasurer shall be under the administrative supervision of the City Mayor,
to whom one shall report regularly on the tax collection efforts in the City:

(c) No person shall be appointed City Treasurer unless one is a citizen of the
Philippines, a resident of the City of Consolacion, of good moral character, a holder of a college
degree preferably in commerce, public administration or law obtained ftom a recognized


26

college or university, a first grade civil service eligible of its equivalent and must have acquired
experience in treasury or accounting service for at least five (5) years,

(d) The City Treasurer shall receive compensation, emoluments and allowances as may
be determined by law,

(ce) The City Treasurer shall take charge of the City Finance
Department, and shall

|. Advise the City Mayor, the Sangguniang Panhngsod and other local government
and pational officials concemed regarding the disposition of local government funds and on
‘other matters relative to public finance,

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

(3) Take charge of the disbursement of all funds of the City and other funds the custody
of which has been entrusted to him or her by law or other competent authority:

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

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

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

SEC. 28. The City Assessor. - (a) The City Assessor must be a citizen of the Philippines,
a resident of the City of Consolacion, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce or any other related course obtained
from recognized college or university, a first grade civil service eligible or its equivalent and
must have acquired experience in real property assessment work or in any related field for at

least five (S) years.

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

(©) TheCity Assessor shall take charge of the City Assessor's Department, and shall:

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


ca

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

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

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

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

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

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

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

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

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

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

SEC. 29. The City Accountant. « (a) The City Accountant must be a citizen of the
Philippines, a resident of the City of Consolacion, of good moral character, a certified public
accountant and must have acquired experience in the treasury or accounting service for at least
five (5) years.

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


28
(¢) 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 Sanggwniaig
Pantungsod;

(3) Apprise the Sangguniang Pan/ungsod and other officials on the financial condition
and operations of the City;

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

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

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

(7) Prepare statements of journal vouchers, their liquidations, and other adjustments
related thereto:

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

(9) Maintain individual ledgers for officials and employees of the City pertaining 10
payrolls and deductions;

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

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

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

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

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


2

SEC. 30, The Cuty Budget Officer. - (a) The City Budget Officer must be a citizen of
the Philippines. a resident of the City of Consolacion, of good moral character, a holder of a
college degree preferably in accounting. economics, public administration o any related course
obtained from a recognized college or university, a first grade civil service eligible or its
equivalent and must have acquired experience in govemment budgeting or in any related field
tor at least five (5) years,

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

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

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

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

(4) Study and evaluate budgetary implications of proposed legislations and submit
comments and recommendations thereon,

(5) Submit periodic budgetary reports to the DBM:

(6) Coordinate with the City Treasurer, the City Accountant and the City Planning and
Development Officer for the purpose of budgeting,

(7) Assist the Sangguniang Pantungsod in reviewing the approved budgets of the
‘component barangays;

(8) Coordinate with the City Planning and Development Office in the formulation of
the development plan of the City; and

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

SEC. 31. The City Plaming and Development Officer. - (a) The City Planning and
Development Officer must be a citizen of the Philippines, a resident of the City of Consolacion,
of good moral character, a holder of a college degree preferably in urban planning,
development studies, economics, public administration, or in any related course obtained from
4 recognized college or university. a first yrade civil service eligible or its equivalent and must
have acquired experience in development planning or in any related field for at least five (5)
years,


30

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

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

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

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

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

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

(5) Prepare comprehensive plans and other development planning documents for the
consideration of the Local Development Council;

(6) Analyze the income and expenditure patterns. and formulate and recommend fiscal
plans and policies for the consideration of the finance committee of the Sangguniang
Panlungsod,

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

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

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

SEC. 32. the ( ngincer. -(a) The City Engineer must bea citizen of the Philippines,
a resident of the City of Consolacion of good moral character, a licensed civil engineer and
must have acquired experience in the practice of the profession for at least five (S) years.

{(b) The City Engineer shall receive compensation, emoluments and allowances as may
be determined by law

(c) The City Engineer shall take charge of the City Engineering Office, and shall;


a1

(1) Initiate, review and recommend changes in policies and objectives, plans and
programs, techniques, procedures and practices in infrastructure development and public works

in general of the City;

(2) Advise the City Mayor on infrastructure, public works and other engineering
matters;

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

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

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

SEC. 33. The City Health Officer. - (a) The City Health Officer must be a citizen of the
Philippines, a resident of the City of Consolacion, of good moral character, a licensed medical
practitioner and must have acquired experience in the practice of the profession for at least five
(5) years.

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

(¢) The City Health Officer shall take charge of the Office of the City Health Services,
and shall:

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

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

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


32

(4) In addition to the foregoing duties and functions, the City Health Officer shall:

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

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

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

iv) Recommend to the Sangguniang Panlungsod through the local health board, the
passage of ordinance as may be deemed necessary for the preservation of public health;

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

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

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

(viii) Coordinate with other government agencies and nongovernment organizations
involved in the promation and delivery of health services, and

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

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

SEC. 34, the City Civil Regtstrar, - (a) The City Civil Registrar must be a citizen of
the Philippines, a resident of the City of Consolacion, of good moral character, a holder of
college degree obtained from a recognized college or university, a first grade civil service
eligible or its equivalent and must have acquired experience in civil registry work for at least
five (5) years.

(b) The City Civil Registrar shall receive compensation, emoluments and allowances
‘as may be determined by law.

(c) The City Civil Registrar shall be responsible for the civil registration program in the
City of Consolacion, pursuant to the Civil Registry Law, the Civil Code and other pertinent
Jaws, rules and regulations issued to implement them.


33

(d) The City Civil Registrar shall take charge of the Office of the City Civil Registry,
and shail:

(1) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with the civil registry programs and
projects which the City Mayor is empowered 10 implement and which the Sangguniang
Panlungsod is empowered to provide for under the Local Government Code of 1991, as
amended;

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

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

i) File, keep and reserve 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 document upon
payment of the required fees to the City Treasurer ie

(vi) Receive application for the issuance ofa 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 authonzed fee to the
City Treasurer, and

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

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

SEC.35. The City Administrator, - (a) The City Administrator must be a citizen of the
Philippines, a resident of the City of Consolacion, of good moral character, a holder ofa college
degree preferably in public administration, law or in any other related course from a recognized
college or university, a first grade civil service cligible or its equivalent and must have acquired
experience in management and administrative work for at least five (5) years.


34

(b) The term of the City Administrator shall be coterminous with that of the appointing
authonty.

(c) The City Administrator shall receive compensation, cmoluments and allowances as
may be determined by law.

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

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

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

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

(4) Conduct 2 continuing organizational development of the local govemment unit
with the end in view of instituting effective administrative reforms,

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

(6) Recommend 10 the Sangguniang Panlungsod and advise the City Mayor on all
matters relative to the management and administration of the City; and

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

SEC.36. The Citv Legal Officer. ~(a) The City Legal Officer must be a citizen of the
Philippines, a resident of the City of Consolacion, of good moral character, a member of the
Philippine Bar and must have practiced the profession for at least five (5) years.

The term of the City Legal Officer shall be coterminous with that of the appointing
authority,


35

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

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

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

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

(3). Represent the City in all civil actions and special proceedings wherein the local
govemment unit or any official thereof, in his or her official capacity, is a party: Provided, That
in actions or proceedings where the City of Consolacion is a party adverse to the provincial
government o to another component city, a special legal officer may be employed ta represent
the adverse party,

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

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

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

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

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

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


36

(10) Recommend measures to the Sanggumtag Pantlungsod and advise the City Mayor
on all matters related to upholding the rule of law:

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

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

SEC. 37. The City Soctal Welfare and Development Officer. ~ (a) The City Social
Welfare and Development Officer must be a citizen of the Philippines, # resident of the City of
Consolacion, of good moral character, a licensed social worker ora bolder of a college degree
preferably in social work, sociology or any other related course obtained from a recognized
college on university, a first grade civil service eligible or its equivalent and must have acquired
experience in the practice of social work for at least five (5} years immediately preceding the
date of appointment.

(b} The City Social Welfare and Development Officer shall receive compensation,
‘emoluments and allowances as may be determined by law.

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

(J) Formulate measures for the approval of the Sangguniang Panlungsod and provide
technical assistance and support to the City Mayor in carrying out measures to ensure the
delivery of basic services and the provision of adequate facilities relative to social welfare and
development services:

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

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

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

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


37

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

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

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

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

(10) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all
other matters related to social welfare and development services which will improve the
livelihood and the living conditions of the City’s inhabitants; and

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

SEC. 38, The City Veterinarian. - (a) The City Veterinarian must be a citizen of the
Philippines, a resident of the City of Consolacion, of good moral character, a licensed Doctor
of Veterinary Medicine and must have practiced the profession for at least three (3) years.

{b) The City Veterinarian shall receive compensation, emoluments and allowances as
nay be determined by law.

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

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

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

(3) Advise the City Mayor on all matters pertaining to the slaughter of animals for
buman consumption and the regulation of slaughterhouses;


38

(4) Regulate the keeping of domestic animals,
(5) Regulate and inspect poultry, milk and dairy products for public consumption;
(6) Enforce all laws for the prevention of cruelty to animals;

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

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

(9) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all
other matters relative to the veterinary services which will increase the number and improve
the quality of livestock, poultry and other domestic animals uscd for work or for human
consumption; and

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

SEC. 39. The City General Services Officer. - (a) The City General Services Officer
must be a citizen of the Philippines, a resident of the City of Consolacion, of good moral
character, a holder of a college degree in public administration, business administration or
management obtained from a recognized college or university, a first grade civil service
eligible or its equivalent and must have acquired experience in general services, including the
management of supply, property, solid waste disposal and general sanitation for at least five
(5) years,

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

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

(1) Formulate measures for the consideration of the Sangguriang Pantungsod and
provide technical assistance and support to the City Mayor in carrying out measures to ensure
the delivery of basic services and the provision of adequate facilities which require general
services expertise in technical support services;

(2) Develop plans and strategies and, upon approval thereof by the City mayor,
‘unplement these with general services that area supportive of the welfare of the inhabitants of


39

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

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

(4) With the approval of the City Mayor, assign building or land space to local officials
or other public officials, who by law are entitled to the space;

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

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

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

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

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

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

(11) Recommend to the Sangguniang Panhungsud and advise the City Mayor on all
matters relative to general services, and

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

SECO, The City Environment and Natural Resources Officer. - (a) The City
Environment and Natural Resources Officer must be # citizen of the Philippines, a resident of
the City of Consolacion, of good moral character, a holder of a college degree preferably in
environment, forestry, agriculture on in any other related course obtained from a recognized
college or university, a first prude civil service eligible or its equivalent and must have acquired


40

‘experience in 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 compensation,
emoluments and allowances as may be determined by law.

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

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

(2) Develop plans and strategies and, upon approval thereof by the City Mayor,
implement these with the environment and natural resources programs and projects which the
City Mayor is empowered to implement and which the Sanggumang Panlungsod is empowered
to provide:

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

(3) Provide extension services t beneficianes of forest development projects and
technical, financial and infrastructure assistance;

(4) Manage and maintain seed banks and produce seedlings for forest and tree parks,

(5) Coordinate with goverment agencies and nongovemmental organizations in the
implementation of measures to prevent and control fand, air and water pollution with the
assistance of the Department of Environment and Natural Resources (DENR),

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

(7) Recommend measures to the Sangguniang Panfungsod 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


41

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

SEC. 41, The City Architect. - (a) The City Architect must be a citizen of the
Philippines, a resident of the City of Consolacion, of good moral character, a duly licensed
architect and must have practiced the profession for at least five (5} years.

(b) The City Architect shall receive compensation, emoluments and allowances as may
be determined by law,

(c) The City Architect shall take charge of the Office of the Architectural Planning and
Design, and shall:

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

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

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

(4) Review and recommend for appropriate action of the Sanggunian or the City
Mayor, as the case may be. the architectural plans and designs submitted by governmental and
nongovernmental entities or individuals, particularly those for undeveloped and poorly
designed areas,

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

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



az

(7) Recommend to the Sangguniang Panlungsad and advise the City Mayor on
other matters relative to architectural planning and design as it relates to the total
socioeconomic development of the City; and

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

SEC. 42. - The City Information Officer. « (a) The City Information Officer must be a
citizen of the Philippines, a resident of the City of Consolacion, of good moral character, a
holder of a college degree preferably in journalism, mass communication or in any related
course obtained from a recognized college on university, # first grade civil service eligible or
‘its equivalent and must have experience in writing articles and rescarch papers, or writing for
print, television or broadcast media for at least three (3) years

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

(c) The term of the City Information Officer is coterminous with that of his or her
appointing authority.

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

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

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

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

(4) Fumish information and data on local goverment agencies or offices as may be
required by law or ordinance, and nongovernmental organizations to be fumished by said
agencies and organizations;

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


43

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

(7) Recommend to the Samgguniany Panlungsod and advise the City Mayor on all
other matters relative to public information and research data as it relates to the total
socioeconomic development of the City: and

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

SEC. 43. Ihe City Cooperative Urficer. -(a) The City Cooperative Officer must be a
citizen of the Philippines, a resident of the City of Consolacion, of good moral character, a
holder of a college degree preferably in business administration with special training on
‘cooperatives or in any related course obtained from a recognized college or university. a first
grade civil service eligible or its equivalent and must have acquired experience in cooperatives
onganization and management for at least five (5) years

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

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

(1) Formulate measures for the consideration of the Sungewniany Panlungsod and
provide technical assistance and support to the City Mayor in carrying out measures to ensure
the delivery of basic services and the provision of facilities through the development of
cooperatives and in providing access to such services and facilities;

(2) Develop plans and strategies and, upon approval thereof by the City Mayor.
implement these with the integration of cooperatives principles and methods in programs and
projects which the City Mayor is empowered to implement and which the Sangguniang
Panlungsad is empowered to provide,

(3) Assist in the organization of cooperatives,

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

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


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

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

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

SEC. 44, The City Population Officer, - (a) The City Population Officer must be a
citizen of the Philippines, a resident of the City of Consolacion, of good moral character, a
holder of a college degree preferably with specialized training in population development
obtained from a recognized college or university, a first grade civil service cligible or its
equivalent and must have acquired experience in the implementation of programs on
population development or responsible parenthood for at least five (5) years.

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

() 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 busic services and the provision of adequate facilities relative to the imtegration
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 these with the integration of population development principles and methods in
programs and projects which the City Mayor is empowered to implement and which the

Sanggumang Panlungsod is empowered to provide:
(3) Assist the City Mayor in the implementation of the constitutional provisions retative
to population development and the promotion of responsible parenthood:

(4) Establish and maintain an updated data bank for program operations, devetopment
planning and an educational program to ensure the peaple’s participation in, and understanding
of population development:

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


“%

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

SEC 45, The City Agriculturist. - (a) The City Agriculturist must be a citizen of the
Philippines, a resident of the City of Consolacion, of good moral character, a holder ofa college
degree preferably in agriculture or in any other related course obtained from a recognized
college or university, a first grade civil service efigible or its equivalent and must have practiced
the profession in agriculture or acquired the experience in a related field for at least five (5)
years

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

(c) The City Agriculturist shall take charge of the Office of the Agricultural Services,
and shall

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

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

(3) In addition to the foregoing duties and functions. the City Agriculturist shall:

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

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

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

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


46

(v) Coordinate with government agencies and nongovernmental organizations in the
promotion of agricultural productivity through applicd technology compatible with
environmental integrity;

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

(5) Recommend to the Sangguniang Pantungsod and advise the City Mayor on all other
maiters related to agriculture and aquaculture which will improve the livelihood and the living
conditions of the inhabitants; and

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

ARTICLE VIL

THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE,
THE CITY SHCOOLS DIVISION AND THE CITY
PROSECUTION SERVICE.

SEC. 46. The City Fire Station Service. ~ (a) There shall be established in the City of
Consolacion at least one (1) fire station with adequate personnel, firefighting, facilities and
‘equipment, subject 10 the standards, rules and regulations that may be promulgated by the
Department of the Interior and Local Government (DILG). The City shall provide the necessary
Jand or site of the station.

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

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

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


a7

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

SEC. 48. The City Schools Division, — (a) There shall be established and maintained by
the Department of Education (DepEd), «city schools division of the City of Consolactan whose
area of jurisdiction will cover ail the school districts within the City.

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

SEC. 49. The City Provecution Service. — (a) Thete shall be established in the City, a
city prosecution service to be headed by a City Prosecutor and such number of assistant city
prosecutors, as may be necessary, who shall be organizationally part of the Department of
Justice (DOJ), and under the supervision and contro! of the Secretary of Justice and whose
qualifications, manner of appointment, rank, salary and benefits shall be governed by existing
laws covering prosecutors in the DOI.

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

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

ARTICLE IX

TRANSITORY AND FINAL PROVISIONS

SEC. 50. Mumecipal Ordmances Existing at the lime of the Approval of this Act. — All
municipal ordinances of the Municipality of Consolacion existing at the time of the approval
of this Act shall continue to be in force within the City of Consolacion until the Sangguniang:
Pantungsod shall declare otherwise,

SEC. 51. Plebiscite. — The City of Consolacion shall acquire corporate existence upon
the ratification of its creation by a majority of the votes cast by the qualified voters in a


48

plebiscite to be conducted in the present Municipality of Consolacion within ninety (90) days
from the approval of this Act

‘The Commission on Elections shall conduct and supervise such plebiscite.
‘The expenses for the plebiscite shall be bome by the Municipality of Consolacion.

SEC. 52. Officials of the City of Consalacion. ~ The present elective officials of the
Municipality of Consolacion shall continue to exercise their powers and functions until such
time that a new election is held and the duly elected officials shall have already qualified and
assumed their offices. The two (2) additional members of the Sangguniang Panluygsod shall
be appointed by the City Mayor and shall assume office until such time that the regular
members of the Sangguniang Panlungsod have been elected and qualified in the next national
and local elections after the effectivity of this Act, Appointive officials and employees of the
municipality shall likewise continue exercising their functions and duties and they shall be
automatically absorbed by the city goverment of the City of Consolacion

SEC. 53. Successton Clause. — The City of Consolacion shall succeed to all the assets,
properties, liabilities and obligations of the Municipality 0 Consolacion,

SEC. 54. Election of Provincial Governor and Sangguniang Panlalawigan Members of
the Province of Cebu. ~ The qualified voters of the City of Consolacion shall be qualified to
vote and run for any elective position in the elections for provincial governor, provincial vice
governor, Sangguniang Panlalawigan members and other clective officials for the Province of
Cebu,

SEC. 55, Jurisetiction of the Province of Cebu. ~ The City of Consolacion shall, unless
otherwise provided by law, continue to be under the jurisdiction of the Province of Cebu.

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

SEC. $7. Legislative District. ~ Until otherwise provided by law, the City of
Consolacion shall continue to be part of the Sixth Legislative District af the Province of Cebu,

SEC. $8. Applicability of Laws. ~ The provisions of the Local Government Code of
1991, as amended, and other laws pertaining to the Province af Cebu and such laws as are
applicable shall govem the City of Consolacion in so far as they are not inconsistent with the
provisions of this Act.

SEC. 59. Sepurability Clause. ~ If, for any reason or reasons, any part or provision of
this Charter shall be held unconstitutional, invalid or inconsistent with the Local Government
Code of 1991, as amended, the other parts or provisions hereof which are not affected shall
continue to be in full force and effect.


49

SEC. 60, /:ffectivity, ~ This Act shall take effect fifteen (15) days affer its complete
publication in the Official Gazette or in a newspaper of general circulation

Approved: