Republic of the Philippines

HOUSE OF REPRESENTATIV§S

Constitution Hills
Quezon City

HQUSE OF REPRES!
RECEIVED

pate:_01 AUG 2016

TIME:

BY:

SEVENTEENTHCONGRES$.
First Regular Session

RESIST TON UNIT

o1GA
House BilNoZL64 | puis any ar x seavick

Introduced by : Rep. Josephine Y. Ramirez Sato

EXPLANATORY NOTE

San Jose is currently the most progressive part of the province of Occidental
Mindoro. It is a first class municipality and the biggest in terms of population in the
entire province. It has been for decades the center of commerce of neighboring towns
and continuously caters and provides services for other provinces in Region IVB.
The major sources of its income are mixed agro-industrial, commercial, and other
services,

The current sustainable socio-economic condition of San Jose, Occidental Mindoro
has further boosted the call of residents for its cityhood. The long sought for its
conversion into a city is envisaged to pave way not only for its growth and
advancement but also spur the development of its adjoining municipalities.
Furthermore, the conversion of the town into cityhood is envisaged to enhance its
role as the province's economic, trade, financial, cultural, educational, and
government center.

In view of the foregoing, the immediate passage of this bill is earnestly soxght.

TATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

SEVENTEENTHCONGRESS
First Regular Session
2164

House Bill No. “~~

Introduced by: Rep. Josephine Y. Ramirez Sato

“AN ACT CONVERTING THE MUNICIPALITY OF SAN JOSE,
OCCIDENTAL MINDORO, INTO A COMPONENT CITY TO BE KNOWN.
AS CITY OF SAN JOSE”

Article I
General Provisions

SECTION 1. Title. ~ This Act shall be known as the “Charter of the City of San Jose.”

SECTION 2. The City of San Jose.— The Municipality of San Jose in the Province of
Occidental Mindoro is hereby converted into a component city to be known as the
City of San Jose, hereinafter referred to as the City, which shall comprise of the
present territory of the Municipality of San Jose, Occidental Mindoro.

The territorial jurisdiction of the City shall be within the present metes and bounds
of the Municipality of San Jose, more particularly described as follows: A parcel of
land situated in the Province of Occidentai Mindoro, Island of Mindoro, Philippines;
geographically located at 121°13/00" to 120°55'00” longitude and 12°10'00" to
12°40'00" latitude. It is bounded on the west by the West Philippine Sea; on the
south by the Municipality of Magsaysay; on the north by the Municipality of Rizal
and east by the Municipality of Bulalacao, Oriental Mindoro; containing an area of
446 sq. kms., more or less,

The foregoing provisions shall be without prejudice to the award or resolution by
the appropriate agency or forum of whatever claim that may be due to the City, or a
boundary dispute that may arise or a case evolving questions of territorial
jurisdiction between the City of San Jose and any adjoining local government units.


SECTION 3. Corporate Powers of the City.— The City constitutes a political body
corporate and as such is endowed with the attributes of perpetual succession and
possessed of the powers which pertain to a municipal corporation to be exercised in
conformity with the provisions 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;

(0) To have and use a corporate seal;

(d) To acquire and convey real or personal property;

(c) To enter into contraets; and

(8) To exercise such other powers as are granted to corporations, subject to the
limitations provided in this Act and other laws.

SECTION 4. General Powers of the City.— The City shall have a common seal and may
alter the same at pleasure. It shall exercise the powers to levy taxes, close and open
roads, streets, alleys, parks or squares subject to the provisions of the Constitution
and existing laws. It may take, purchase, receive, hold, lease, convey and dispose of
real and personal property for the general interest of the City, condemn private
property for public use, contract and be contracted with, sue and be sued, prosecute
and defend to final judgment and execution suits wherein said City is a party, and
exercise all the powers as are granted to corporations and/or hereinafter conferred.

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

SECTION 6. Jurisdiction of the City, — The jurisdiction of the City of San Jose, for police
purposes only, shall be coextensive with its territorial jurisdiction, and for the
purpose of protecting and insuring the purity of the water supply of the City, such
police jurisdiction shall also extend over all territory within the drainage area of such
water supply, or within one hundred (100) meters of any reservoir, conduit, canal,
aqueduct or pump station used in connection with the City water service. The city
court of the City shall have concurrent jurisdiction with the city or municipal courts
of adjoining municipalities or cities, to try crimes and misdemeanors committed
within said drainage area, or within said spaces of one hundred (100) meters. ‘The
court first taking cognizance of such an offense shall have jurisdiction to try said
cases to the exclusion of others. The police forces of the several municipalities and

3


cities concerned shall have concurrent jurisdiction with the police force of the City
for the maintenance of good order and the enforcement of ordinances throughout
said zone, area and spaces. But any license that may be issued within said zone, area
or spaces shall be granted by the proper authorities of the city or municipality
concerned, and the fees arising therefrom shall accrue to the treasury of the said city
or municipality.

Article II
City Officials in General

SECTION 7. The Officials of the City of San Jose. —

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

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

(©) The City of San Jose 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.

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


Article TIL
‘The City Mayor and the Vice Mayor

SECTION 8. The City Mayor. —

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

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

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

(2) An actual resident of the City for at least one (1) year prior to his
election; and

(3) A qualified voter therein.

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

(b) The city mayor, as the chief executive of the city government, shalll exercise
such powers and perform such duties and functions as provided herein:

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

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

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

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


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

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

(8) Represent the City in all its business transactions and sign in its
behalf all bonds, contracts and obligations, and such other
documents upon authority of the sangguniang panlungsod or
pursuant to existing laws or ordinances;

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

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

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

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

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

() Furnish copies of executive orders issued by him to the
respective council chairmen within seventy-two (72) hours after
their issuance;


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

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

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

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

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

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

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

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


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

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

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

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

(d) Be entitled to carry the necessary firearm within his territorial
jurisdiction: Provided, That it is duly licensed by the Philippine
National Police;

(e) 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 the local
police forces in the City in accordance with Republic Act No. 6975;
and

(® Call upon the appropriate aw enforcement agencies to suppress
disorder, riot, lawless violence, rebellion or sedition, or to
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:

(a) Require each head of office or department to prepare and
submit an estimate of appropriations for the ensuing calendar year
in accordance with the budget preparation process as provided for
in the Local Government Code;


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

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

(a) Issue licenses and permits and after due hearing suspend or
revoke the same for any violation of the conditions upon which
said licenses or permits have been issued pursuant to law or
ordinance;

(e) 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 moral

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

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

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

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

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

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

9


with the construction and repair of the roads and bridges of the
City; and

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

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

SECTION 9. The City Vice Mayor. =

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

(b) The vice mayor shall:

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

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

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

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

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

10


Article 1V
‘The Sangguniang Panlungsod

SECTION 10. The Sangguniang Panlungsod. —

(a) The sangguniang panlungsod, the legislative body of the City, shall be
composed of the city vice mayor as presiding officer, the ten (10) regular
sanggunian members, the president of the city chapter of the liga ng mga
barangay, the president of the panlungsod na pederasyon ng mga
sangguniang kabataan, and the sectoral representatives, as members.

(b) The three (3) sectoral representatives are: one (1) from the women; and, as
shall be determined by the sangguniang panhungsod within ninety (90) days
prior to the holding of the local elections, one (1) from agricultural or
industrial workers; and one (1) from the other sectors, including the urban
poot, indigenous cultural communities, or disabled persons.

(©) The regular members of the sangguniang panlungsod and the sectoral
representatives shall be elected in the manner as may be provided for by law.
The elective members of the sangguniang panlungsod shall possess the same
qualifications as that of the city mayor and vice mayor, except that candidates
for said positions must be at least eighteen (18) years of age on election day.

(4) They shall receive a minimum monthly compensation corresponding, to
Salary Grade Twenty-Five (25) as prescribed under Republic Act No. 6758
and the implementing guidelines pursuant thereto.

(c) The sangguniang panlungsod shall:

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

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

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

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

11


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

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

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

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

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

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

()) Provide a mechanism and the appropriate funds therefor, to
ensure the safety and protection of all city government property,
public documents, or records such as those relating to property
inventory, land ownership, records of births, marriages, deaths,

2


assessments, taxation; accounts, business permits, and such other
records and documents of public interest in the offices and
departments of the city government;

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

(I) 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

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

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

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

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

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

(d) Subject to the provisions of Book Il of the Local Government
Code and applicable laws and upon the majority vote of all the
members of the sangguniang panlungsod, enact ordinances
authorizing the floating of bonds or other instruments of

B


indebtedness for the purpose of raising funds to finance
development projects;

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

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

(g) Adopt a comprehensive land use plan for the City: Provided,
That the formulation and adoption or modification of said plan
shall be in coordination with the approved provincial
comprehensive land use plan;

(h) Reclassify land within the jurisdiction of the City, subject to the
pertinent provisions of the Local Government Code;

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

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

(k) Subject to the provisions of Book Il of the Local Government
Code, grant the exclusive privilege of constructing fish corrals or
fish pens, or the taking or catching of bangus fry, prawn fry or
kawag-kawag, or fry of any species or fish within the city waters;

() With the concurrence of at least two-thirds (24) of all the

members of the sangguniang panlungsod, grant tax exemptions,
incentives or reliefs to entities engaged in community growth-

14


inducing industries, subject to the provisions of the Local
Government Cod

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

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

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

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

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

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

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

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

(e) Any law to the contrary notwithstanding, 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;

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

1s


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

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

(a) Declare, prevent or abate any nuisance;

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

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

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

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

(f 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;

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

16


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

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

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

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

(a) Provide for the establishment, maintenance, protection and
conservation of communal forests and watersheds, tree parks,
green belts, mangroves, and other similar forest development
projects;

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

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

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

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

7


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

(g) Subject to existing laws, establish and provide for the
maintenance, repair and operation of an efficient waterworks
system to supply water for the inhabitants and to purify the source
of the water supply; regulate the construction, maintenance, repair
and use of hydrants, pumps, cisterns and reservoirs; protect the
purity and quantity of the water supply and within one hundred
meters (100 m.) of the reservoir, conduit, canal, aqueduct, pumping
station, or watershed used in connection with the water servic
and regulate the consumption, use or wastage of water and fix and
collect charges thereon;

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

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

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

(k) Bstablish a scholarship fund for poor but deserving students in

schools located within its jurisdiction or for students residing
within the City;

18


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

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

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

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

(p) 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

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

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

Article V
Process of Legislation
SECTION 11. Internal Rules of Procedure. —
(a) On the first regular session following the election of its members and
within ninety (90) days thereafter, the sangguniang panlungsod shall adopt or

update its existing rules of procedure.

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

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

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

(3) The legislative process;

(4) The parliamentary procedu:
during sessions;

s which include the conduct of members

(6) The discipline of members for disorderly behavior and absences
without justifiable cause for four (4) consecutive sessions for which they
may be censured, reprimanded, or excluded from the session, suspended
for not more than sixty (60) days or expelled: Provided, That the penalty of
suspension or expulsion shall require the concurrence of at least two-
thirds (74) vote of all the sanggunian members: Provided, Further, That a
member convicted by final judgment to imprisonment of at least one (1)
year for any crime involving moral turpitude shall be automatically
expelled from the sanggunian; and

(6) Such other rules as the sanggunian may adopt

SECTION 12, Full Disclosure of Financial and Business Interest of Sangguniang Panlungsod
Members. —

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

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

(2) Contracts or agreements with any person or entity which the ordinance
or resolution under consideration may affect.in the absence of a specific
constitutional or statutory provision applicable to this situation, “conflict

20


of interest” refers in general to one where it may be reasonably deduced
that a member of the sanggunian may not act in the public interest due to
some private, pecuniary or other personal considerations that may tend to
affect his judgment to the prejudice of the service or the public.

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

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

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

SECTION 13. Sessions. ~

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

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

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

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

Unless concurred in by two-thirds 4) vote of the sanggunian members
present, there being a quorum, no other matters may be considered at a
special session except those stated in the notice,

(e) The sanggunian shall keep a journal and record of its proceedings which
may be published upon resolution of the sangguniang panlungsod.
21


SECTION 14. Quorum. —

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

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

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

SECTION 15. Approval of Ordinances/Resolutions, —

(a) Every ordinance enacted and/or resolution passed by the sangguniang
panlungsod shall be presented to the city mayor. If the city mayor approves
the same, he shall affix his signature on each and every page thereof;
otherwise, he shall veto it and return the same with his objections to the
sanggunian, which may proceed to reconsider the same. The sanggunian may
override the veto of the city mayor by two-thirds 4) vote of all its members,
thereby making the ordinance or resolution effective for all legal intents and
purposes.

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

SECTION 16. Velo Power of the City Mayor. —
(a) The city mayor may velo any ordinance of the sangguniang panlungsod

on the ground that it is ultra vires or prejudicial to the public welfare, stating
his reasons therefor in writing.

2


(b) The city mayor shall have the power to veto any particular item or items of
an appropriation 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 veto shall not
affect the item or items which are not objected to. The vetoed item or items
shall not take effect unless the sangguniang panlungsod overrides the veto in
the manner herein provided; otherwise, the item or items in the
appropriations ordinance of the previous year corresponding to those vetoed,
ifany, shall be deemed reenacted.

(©) The city mayor may veto an ordinance or resolution only once. The
sanggunian may override the veto of the city mayor by two-thirds (24) vote of
all its members, thereby making the ordinance effective even without the
approval of the city mayor.

SECTION 17. Review of City Ordinances by the Sangguniang Panlalawigan. ~

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

(b) Within thirty (30) days after receipt of copies of such ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents or
transmit them to the provincial attorney or if there be none, to the provincial
prosecutor for prompt examination, The provincial attorney or the provincial
prosecutor shall, within a period of ten (10) days from receipt of the
documents, inform the sangguniang panlalawigan in writing of his comments
or recommendations, which may be considered by the sangguniang
panlalawigan in making its decision.

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

(d) If no action has been taken by the sangguniang panlalawigan within thirty

(30) days after submission of such an ordinance or resolution, the same shall
be presumed consistent with law and therefore valid.

23


SECTION 18. Review of Barangay Ordinances by the Sangguniang Panlungsod, —

(a) Within ten (10) days after its enactment, the sangguniang barangay shall
furnish copies of all barangay ordinances to the sangguniang panlungsod for
review as to whether the ordinances are consistent with law and city
ordinances.

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

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

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

SECTION 20. Effectivity of Ordinances or Resolutions. —

(a) Unless otherwise stated in the ordinance or the resolution approving the
local development plan and public investment program, the same shall take
effect after ten (10) days from the date a copy thereof is posted in a bulletin
board at the entrance of the city hall of San Jose, and in at least two (2) other
conspicuous places in the City of San Jose.

(b) The secretary to the sangguniang panlungsod shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the city hall of
San Joseand in at least two (2) conspicuous places in the City of San Jose not
later than five (5) days after approval thereof.

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

(©) The main features of the ordinance or resolution duly enacted or adopted
shall, in addition to being posted, be published once in a local newspaper of
general circulation within the province: Provided, That in the absence thereof,

24


the ordinance or resolution shall be published in any newspaper of general
circulation: Provided, Further, That the gist of all ordinances with penal
sanctions shalll also be published in a newspaper of general circulation.

Article VI
Disqualifications and Succession of Elective City Officials

SECTION 21. Disqualifications of Elective Public City Officials.— The following persons
are disqualified from running for any elective position in the City:

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

(b) Those removed from office as a result of an administrative c:

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

(d) Those with dual citizenshi

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

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

(g) The insane or feeble-minded.

SECTION 22. Permanent Vacancy in the Office of the City Mayor and City Vice Mayor.

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

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

25


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

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

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

SECTION 23. Permanent Vacancy in the Sanggunian.—

(a) Permanent vacancies in the sangguniang panlungsod where automatic
succession as provided above does not apply shall be filled by appointment in
the following manner:

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

(2) Only the nominee of the political party under which the sanggunian
member concerned had been elected and whose elevation to the next
higher 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 term of the vacant office. In the
appointment herein mentioned, a nomination and a certificate of
membership of the appointee from the highest official of the political
party concerned are conditions sine qua non, and any appointment
without such nomination and certification shall be null and void ab initio
and shall be a ground for administrative action against the official
responsible therefor;

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

(4) In case of vacancy in the representation of the youth and the barangay

in the sangguniang panlungsod, said vacancy shail be filled automatically
by the official next in rank of the organization concerned.

26


SECTION 24. Temporary Vacancy in the Office of the City Mayor. —

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

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

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

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

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

Article VII
‘The Appointive Officials of the City:
‘Their Qualifications, Powers and Duties

SECTION 25. The Secretary to the Sangguniang Panlungsod.—

(a) There shall be a secretary to the sangguniang panlungsod who shall be a
career official with a rank and salary equal to a head of department. He shall
be appointed by the city vice mayor.

27


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

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

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

(2) Keep the seal of the City and affix the same with his signature to all
ordinances, resolutions, and other official acts of the sangguniang
panlungsod and present the same to the presiding officer for his signature;

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

(4) Forward to the sangguniang panlungsod copies of duly approved
ordinances and resolutions as provided under Section 36, Book | of the
Local Government Code;

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

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

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

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

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

28


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

SECTION 26. The City Treasurer, —

(a) The city treasurer shall be appointed by the Secretary of Finance froma list
of at least three (3) ranking eligible recommendees of the city mayor, subject
to Civil Service Law, rules and regulations.

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

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

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

(c) The city treasurer shall take charge of the treasury office, and shall:
(1) Advise the city mayor, the sangguniang panlungsod, and other local
ty may. igguniang panlung:
government and national officials concerned regarding disposition of local

government funds and on such other matters relative to public finance;

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

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

(4) Inspect private commercial and industrial establishment within the
jurisdiction of the City in relation to the implementation of tax ordinances,

pursuant to the provisions of the Local Government Code

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

29


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

SECTION 27. The Assistant City Treasurer. —

(a) The assistant city treasurer shall be appointed by the Secretary of Finance
from a list of at least three (3) ranking eligible recommendees of the city
mayor, subject to Civil Service Law, rules and regulations.

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

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

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

SECTION 28. The City Assessor. ~

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

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

30


(©) The city assessor shall take charge of the city assessor's office, and shall:

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

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

(3) Fstablish a systematic method of real property assessment;

(4) Install and maintain a real property identification and accounting
system;

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

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

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

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

(9) Issue, upon request of any interested party, certified copies of
assessment records of real property 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; and

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

SECTION 29. The Assistant City Assessor. —

(a) The assistant city assessor must be a citizen of the Philippines, a resident of
the City of San Jose, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce or any related course

31


from a recognized college or university, and a first grade civil service eligible
or its equivalent. He must have acquired experience in assessment work or in
any related field for at least three (3) years immediately preceding the day of
his appointment.

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

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

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

least five (5) years immediately preceding the date of his appointment.

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

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

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

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

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

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

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

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

(7) Post individual disbursements to the subsidiary ledgers and index
cards;
32


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

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

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

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

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

SECTION 31. The City Budget Officer. —

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

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

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

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

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

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

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

33


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

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

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

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

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

SECTION 32. The City Planning and Development Coordinator. —

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

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

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

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

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

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

34


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

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

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

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

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

Secrion 33. The City Engineer. —

(a) The city engineer must be a citizen of the Philippines, a resident of the City
of San Jose, of good moral character, and a licensed engineer, He must have
acquired experience in the practice of his profession for at least five (5) years
immediately preceding the date of his appointment

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

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

(1) In general, initiate, review and recommend changes in policies and
objectives, plans and programs, techniques, procedures and practices in
infrastructure development and public works of the City

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

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

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

35


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

SECTION 34. The City Health Officer, —

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

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

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

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

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

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

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

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

36


SECTION 35. The City Civil Registrar. —

(a)

(b)

©

(a)

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

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

The city civil registrar shall be responsible for the civil registration
program in the City of San Jose, pursuant to the Civil Registry Law, the
Civil Code, and other pertinent laws, rules and regulations issued to
implement them.

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

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

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

SECTION 36. The City Administrator, —

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

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

37


(©) The city administrator shall take charge of the office of the city
administrator, and shall:

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

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

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

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

SECTION 37. The City Legal Officer. —

The city legal officer must be a citizen of the Philippines, a resident of the City
of San Jose, of good moral character, and a member of the Philippine Bar. He
must have practiced his profession for at least five (8) years immediately
preceding the date of his appointment.

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

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

(b) The city legal officer, the chief legal counsel of the City, shall take
charge of the office for legal services, and shall:

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

38


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

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

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

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

SECTION 38, The City Social Welfare and Development Officer. ~

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

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

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

(1) Formulate measures for the approval of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in carrying
out measures to ensure the delivery of basic services and 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 concerning social welfare
programs and projects which the city mayor is empowered to implement
and which the sangguniang panlungsod is empowered to provide;

39


(3) Be in the frontline of service delivery, particularly those concerning
immediate relief and assistance during and in the aftermath of man-made
and natural disasters and natural calamities;

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

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

SECTION 39. The City Environment and Natural Resources Officer. —

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

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

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

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

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

40


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

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

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

SECTION 40. The City Architect. —

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

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

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

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

(2) Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those concerning architectural
planning and design of programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide;

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

a1


(4) Recommend to the sangguniang panlungsod and advise the city mayor
on all other matters relative to architectural planning and design as they
relate to the total socioeconomic development of the City;

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

SECTION 41. The City Information Officer. ~

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

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

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

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

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

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

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

42


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

SECTION 42. The City Cooperatices Officer. —

(a) The city cooperatives officer must be a citizen of the Philippines, a resident
of the City of San Jose, of good moral character, a holder of a college degree
preferably in business administration with special training in cooperatives or
any related course from a recognized college or university, and a first grade
civil service cligible or its equivalent. He must have experience in
cooperatives organization and management for at least five (5) years
immediately preceding the date of his appointment.

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

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

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

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

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

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

43


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

SECTION 43. The City Population Officer. —

(a) The city population officer must be a citizen of the Philippines, a resident
of the City of San Jose, of good moral character, a holder of a college degree
with specialized training in population development from a recognized
college or university, and a first grade civil service eligible or its equivalent.
He must have experience in the implementation of programs on population
development or responsible parenthood for at least three (3) years
immediately preceding the date of his appointment

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

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

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

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

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

SECTION 44. The City Veterinarian. ~

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

44


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

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

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

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

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

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

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

SECTION 45. The City General Services Officer.

(a) The city general services officer must be a citizen of the Philippines, a
resident of the City of San Jose, of good moral character, a holder of a college
degree in public administration, business administration or management
from a recognized college or university, and a first grade civil service eligible
or its equivalent. He must have acquired experience in general services,
including management of supply, property, solid waste disposal, and general
sanitation for at least five (5) years immediately preceding the date of his
appointment.

4s


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

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

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

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

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

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

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

SECTION 46, The City Agriculturist, —

(@) The city agriculturist must be a citizen of the Philippines, a resident of the
City of San Jose, of good moral character, a holder of a college degree in
agriculture or any related course from a recognized college or university, and
a first grade civil service eligible or its equivalent. He must have practiced his
profession in agriculture or acquired experience in a related field for at least
five (6) years immediately preceding the date of his appointment.

46


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

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

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

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

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

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

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

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

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

(v) Coordinate with government agencies and nongovernmental
organizations which promote agricultural productivity through
appropriate technology compatible with environmental integrity.

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

47


(6) Recommend to the sangguniang panlungsod and advise the city mayor
on all matters related to agriculture and aqua-culture which will improve
the livelihood and living conditions of the inhabitants

(d) Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance.

Article VIII
Transitory and Final Provisions

SECTION 47. Municipal Ordinances Existing at the Time of the Approval of this Act.— All
municipal ordinances of the Municipality of San Jose existing at the time of the
approval of this Act shall continue to be in force within the City of San Jose until the
sangguniang panlungsod shall, by ordinance, provide otherwise.

SECTION 48, Suspension of Increase in Rates of Local Taxes. - No increase in the rates of
local taxes shall be imposed by the City of San Josewithin a period of five (5) years
from its acquisition of corporate existence.

SECTION 49. Plebiscite.— The City of San Joseshall acquire corporate existence upon
the ratification of its creation by a majority of the votes cast by the qualified voters in
a plebiscite to be conducted in the present Municipality of San Josewithin sixty (60)
days from the approval of this Act. The expenses for such plebiscite shall be borne
by the Municipality of San Jose. The Commission on Elections shall conduct and
supervise such plebiscite,

SECTION 50. Officials of the City of San Jose.~ The present elective officials of the
Municipality of San Jose 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 appointive officials and employees of the
Municipality of San Joseshall likewise continue exercising their functions and duties
as such and they shall be automatically absorbed by the city government of the City
of San Jose.

SECTION 51. Succession Clause. —~ The City of San Joseshall succeed to all the assets,
properties, liabilities and obligations of the Municipality of San Jose.

48


SECTION 52. Jurisdiction of the Province of Occidental Mindoro. The City of San
Joseshall, unless otherwise provided by law, continue to be under the jurisdiction of
the Province of Occidental Mindoro.

SECTION 53. Terin of Office, —

{a) The term of office of all local elective officials elected after the approval of
this Act shall not exceed three (3) consecutive terms for a term of three (3)
years each, or unless otherwise shortened or extended by Act of Congress.

(b) Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of service for the full term for
which the elective official concerned was elected.

SECTION 54. Representative District. ~ Until otherwise provided by law, the City of
San Jose shall continue to be part of the Third Congressional District of the Province
of Occidental Mindoro.

SECTION 55. Separability Clause.— If any part or provision of this Act is declared
invalid or unconstitutional, the other parts or provisions thereof shall remain valid
and effective.

SECTION 56, Applicability of Laws, — The provisions of Republic Act Numbered 7160,
otherwise known as the Local Government Code of 1991, and other laws pertaining,
to the Province of Occidental Mindoro and such laws as are applicable to the
component cities shall govern the City of San Jose insofar as they are not inconsistent
with the provisions of this Act.

SECTION 57. Repealing Clause.— All laws, decrees, rules or regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SECTION 58. Effectivity.— This Act shall take effect upon its approval.

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