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Republic of the Philippines / = fECEIVED %
HOUSE OF REPRESENTATIVES 2. FEB 102020
Quezon City ine, TS
First Regular Session
C4
HOUSE BILL NO. _ 8250

Introduced by Representative Gerardo “Gerryboy” J. Espina, Jr.

EXPLANATORY NOTE

This bill seeks to convert the Municipality of Naval into a component city of
the Province of Biliran.

The present Municipality of Naval is the largest of the eight (8) municipalities
of Biliran. It is also the center of business activities in the whole province. It covers
the urbanized and developed communities. The town has a bustling economy
equipped with infrastructure facilities.

The proposal is a result of a unanimous resolution of the Sanggunian bayan of
Naval entitled “A Resolution Requesting the Honorable Congressman, Gerardo J. Espina,
Jr., Representative of the Lone District of Biliran, to Pass a Bill Converting the Municipality
of Naval, Into a Component City of the Province of Biliran.” The undersigned is therefore
duty-bound to accede to the long time desire of the people of Naval for self-
determination.

Furthermore, it has already sufficiently met the minimum standard set by
Republic Act No, 7160, otherwise known as the “Local Government Code of 1991,” as
amended by Republic Act No, 9009, for the following reasons:

1, The Municipality of Naval is rapidly progressing with its
annual income for the last two (2) years in the total amount of
Php337,807453.73 as certified by the Department of Finance, passing the
requirement of locally generated income of at least Php100 Million for
the last two (2) consecutive years; and

2, In 2016 Philippine Statistics Authority record, the municipality
has a land area of 108.24 square kilometers (41.79 square miles). It was
stipulated under the law that a population of at least 150,000, or a
contiguous territory of 100 square kilometers, as certified by the Land
Management Bureau, with contiguity not being a requisite for areas that
are on two or more islands.


Moreover, its conversion will certainly promote, invigorate and reinforce the
economic potential of the province in establishing itself as an agro-industrial center in
the Eastern Visayas Region and accelerate the development of the area.

Itis in this light that approval of this bill is earnestly sought.

HON. GERARDO “GERRYBOY” J. ESPINA, JR

Representative
Lone District, Biliran


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Eighteenth Congress
First Regular Session

HOUSE BILL NO. 6230

Introduced by Representative Gerardo “Gerryboy” J. Espina, Jr.

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

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

CHAPTER I
GENERAL PROVISIONS

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

SEC. 2. City of Naval. - The Municipality of Naval is hereby converted into a
component city to be known as the City of Naval, hereinafter referred to as the “City,”
which shall comprise of the present territory of the Municipality of Naval in the
Province of Biliran.

The foregoing provision shall be without prejudice to the resolution of
appropriate agency or forum of any existing boundary disputes or cases involving
questions of territorial jurisdiction between the Municipality of Naval and the
adjoining local government units: Provided, That the territorial jurisdiction of the

disputed area or areas shall remain with the local government unit which has existing,

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administrative supervision over the said area or areas until the final resolution of the
case.

SEC. 3. Corporate Powers of the City. - The City constitutes a political body
corporate and as such is endowed with the attributes of perpetual succession and
possessed of the powers which 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, Tohavea continuous succession in its corporate name;

b. — Tosue and be sued;

c To have and use a corporate seal;

d. — Toacquire, hold and convey real or personal property;

e To enter into any contract or agreement; and

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

SEC. 4. General Powers. - The City shall have a common seal and may alter the
same at pleasure: Provided, That any change of corporate seal shall be registered with
the Department of the Interior and Local Government (DILG). It shall exercise the
powers to levy taxes, fees and charges; to close and open roads, streets, alleys, parks
or squares; to take, purchase, receive, hold, lease, convey and dispose of real and
personal property for the general interests of the City; to contract and be contracted

with; to sue and be sued; to prosecute and defend to final judgment and execution


suits wherein the City is involved or interested in; and to exercise all the powers as
are granted to corporations or as hereinafter conferred.

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

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

The regional trial courts and the city courts of the City shall have concurrent
jurisdiction with the regional trial courts and metropolitan trial courts or city or
municipal trial courts of the adjoining municipalities to try crimes and misdemeanors
committed within the said drainage area or within said space of one hundred (100)
meters.

The court first taking jurisdiction of such offense shall thereafter retain
exclusive jurisdiction thereof. But only license that may be issued within the 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 concerned and not to the City.

ARTICLE IL
CITY OFFICIALS IN GENERAL

SEC. 7. Officials of the City. -


a. There shall be in the City of Naval: a city mayor, a city vice mayor,
sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city
treasurer and an assistant city treasurer, a city assessor and an assistant city assessor,
acity 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 social welfare and development officer, a city veterinarian, a city
general services officer, a city agriculturist, a city cooperatives officer and a city
building officer.

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

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

d. The sangguniang panlungsod of the City may:

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

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

3. Consolidate the functions of any office with those of another in the

interest of efficiency and economy.


e. Unless otherwise provided herein, heads of departments and offices
shall be appointed by the City Mayor with the concurrence of the majority of all the
Sangguniang Panlungsod members, subject to civil service laws, rules and regulations.
The Sangguniang Panlungsod shalll act on the appointment within fifteen (15) days from
the date of its submission, otherwise the same shall be deemed confirmed.

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

ARTICLE II
THE CITY MAYOR AND CITY VICE MAYOR

SEC. 8. The City Mayor. - (a) The City Mayor shall be the chief executive of the
City and shall be elected at large by the qualified voters of the City. No person shall
be eligible for the position of City Mayor unless at the time of the election, that person
is a citizen of the Philippines, at least twenty-one (21) years of age, a resident of the
City for at least one year immediately preceding the day of the election and a qualified
registered voter therein, and is able to read and write Filipino or any other local
language or dialect. The City Mayor shall hold office for three (3) years, unless sooner
removed, but shall serve for not more than three (3) consecutive terms in the same

position. The City Mayor shall receive a minimum monthly compensation


corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758,
as amended, otherwise known as the “Compensation and Position Classification Act of
1989” and the implementing guidelines issued pursuant thereto.

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

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

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

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

ii. Direct the formulation of the city development plan with the
assistance of the city development council and, upon approval thereof
by the Sangguniang Panlungsod, implement the same;

iii. Present the program of government and propose policies and
projects for the consideration of the Sangguniang Panlungsod at the
opening of the regular session of the Sangguniang Panlungsod every
calendar year and as often as may be deemed necessary as the general

welfare of the inhabitants and the needs of the city government may

require;


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

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

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

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

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

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

x. Ensure that all executive officials and employees of the City

faithfully discharge their duties and functions as provided by law and


the Local Government Code of 1991, as amended, and cause to be
instituted administrative or judicial proceedings against any official or
employee of the City who may have committed an offense in the
performance of their official duties;

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

xii, Furnish copies of executive orders issued by the City Mayor to
the office of the governor within seventy-two (72) hours after their
issuance;

xiii, Visit component barangays of the City at least once every six (6)
months to deepen the understanding of the 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;

xiv. Act on leave applications of officials and employees appointed
and on the commutation of the monetary value of their leave credits in

accordance with law;


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

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

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

xviii. Solemnize marriages, any provision of law to the contrary
notwithstanding;
xix. Conduct an annual palarong panlungsod which shall feature
traditional sports and disciplines included in national and international
games, in coordination with the Department of Education (DepEd); and
xx. Submit to the provincial governor the following reports: an

annual report containing 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 and natural disasters or calamities affect the general welfare of the

City;

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

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

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

iii, Issue executive orders for the faithful and appropriate
enforcement and execution of laws and ordinances;
iv. Be entitled to carry the necessary firearms within the territorial

jurisdiction of the City;

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

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

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

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

iiPrepare and submit to the Sanggunian for approval the executive and

supplemental budgets of the City for the ensuing calendar year in the

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manner provided for under the Local Government Code of 1991, as
amended;

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

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

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

viRequire owners of illegally constructed houses, buildings or other
structures to obtain the necessary permits, subject to fines and penalties
as may be imposed by law or ordinance, or to make necessary changes
in their construction when violative of any law or ordinance, or to order
the demolition or removal of house, building or structure within the
period prescribed by law or ordinance;

vii, Adopt adequate measures to safeguard and conserve land, mineral,

forest, marine and other resources of the City;

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viii Provide efficient and effective property and supply management in
the City and protect the funds, credits, rights and other properties of the
City; and
ixInstitute 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 are adequately protected;

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

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

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

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

The city mayor shall hold office in the city hall.

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

(1) Be the presiding officer of the Sangguniang Panlungsod and shall 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 the Local Government Code of
1991, as amended;

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

(4) Exercise the powers and perform the duties and functions of the City
Mayor in case of temporary vacancy as provided for under the Local

Government Code of 1991, as amended; and

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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

SEC. 10. Composition. - (a) The Sangguniang Panlungsod, the legislative body
of the City, shall be composed of the City Vice Mayor as the 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 three (3) sectoral representatives, who shall come from the following
sectors, as members: one (1) from the women sector; and, as shall be determined by
the Sangguniang Panlungsod within ninety (90) days prior to the holding of the local
elections, one (1) from the agricultural or industrial workers sector; and one (1) from
the other sectors, including, urban poor, indigenous cultural communities or persons
with disabilities (PWDs).

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

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

SEC. 11. Powers, Duties, Functions and Compensation. - The Sangguniang

Panlungsod, as the legislative body of the City, shall enact ordinances, approve

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resolutions and appropriate funds for the general welfare of the City and its
inhabitants pursuant to Section 16 of the Local Government Code of 1991, as amended,
and in the proper exercise of the corporate powers of the City as provided under
Section 22 of the Local Government Code of 1991, as amended, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and
effective city government and, in this connection, shall:

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

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

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

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

following said events;

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

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

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

viii. Determine the positions and the salaries, wages, allowances and
other emoluments and benefits of officials and employees paid wholly or

mainly from city funds and provide for expenditures necessary for the

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proper conduct of programs, projects, services and activities of the city
government;

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

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

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

xii. Provide legal assistance to barangay officials who, in the
performance of their official duties or on the occasion thereof, have to
initiate judicial proceedings or defend themselves against legal actions; and
xiii. Provide for group insurance or additional insurance coverage for
all barangay officials, including members of barangay tanod brigades and
other service units, with public or private insurance companies, when the

finances of the city government allow coverage.

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

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

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

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

iv. Subject to the provisions of Book II of the Local Government Code
of 1991, as amended, and applicable laws and, upon the majority vote of

all the members of the Sangguniang Panlungsod, enact ordinances

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authorizing the floating of bonds or other instruments of indebtedness,
for the purpose of raising funds to finance development projects;

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

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

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

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

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

provisions of the Fire Code of the Philippines;

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

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

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

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

xiv. Regulate the numbering of residential, commercial and other

buildings; and

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

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

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

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

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

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

v. Any law to the contrary notwithstanding, authorize and license

the establishment, operation and maintenance of cockpits, and regulate

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cockfighting and commercial breeding of gamecocks: Provided, That
existing rights should not be prejudiced;

vi. Subject to the guidelines prescribed by the Department of
Transportation (DOTr), regulate the operation of tricycles and grant
franchises for the operation thereof within the territorial jurisdiction of
the City; and
vii. Upon approval by a majority vote of all the members of the
Sangguniang Panlungsod, grant a franchise to any person, partnership,
corporation or cooperative to do business within the City; establish,
construct, operate and maintain ferries, wharves, markets or
slaughterhouses; or undertake other activities within the City as may be
allowed by existing laws: Provided, That cooperatives are given
preference in the grant of franchises.

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

i, Declare, prevent or abate any nuisance;

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

or premises to a grade necessary for proper sanitation;

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

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

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

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

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

viii, Provide for the impounding of stray animals; regulate the

keeping of animals in homes or as part of a business, and the slaughter,

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

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

vii. Subject to existing laws, establish and provide for the
maintenance, repair and operation of an efficient waterworks system to
supply water for the City’s inhabitants and to purify the source of the
water supply; regulate the construction, maintenance, repair and use of
hydrants, pumps, cisterns and reservoirs; protect the purity and the
quantity of the water supply of the City and, for this purpose, extend the
coverage of appropriate ordinances over all territory within the drainage
area of said water supply within one hundred (100) meters of the

reservoir, canal, conduit, aqueduct, pumping station or watershed used

26


in connection with the water service; and regulate the consumption, use
or wastage of water and fix and collect charges thereof;

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

ix. Regulate the placing, stringing, attaching, installing, repair and
construction of all gas mains, electric telegraph and telephone wires,
conduits, meters and other apparatus; and provide for the correction,
condemnation or removal thereof when found to be dangerous,
defective or otherwise hazardous to the welfare of the City’s inhabitants;

x. Subject to the availability of funds and to existing laws, rules and
regulations, establish or maintain, or provide for the operation of a city
college, vocational and technical schools and similar post-secondary
institutions and, with the approval of the Department of Education, the
Commission on Higher Education or the Technical Education and Skills
Development Authority, as the case may be, and subject to existing laws,
collect reasonable school charges in educational institutions supported

by the city government;

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sale or disposition of the same; and adopt measures to prevent and
penalize cruelty to animals; and

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

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

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

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

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

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

consumption;

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

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

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

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

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

xvi. Establish a 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

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

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

ARTICLE V
PROCESS OF LEGISLATION
SEC. 12. Internal Rules of Procedure. - (a) On the first regular session following
the election of its members and within ninety (90) days thereafter, the Sangguniang
Panlungsod shall adopt or update its existing rules of procedure.
(b) The rules of procedure shall provide for the following:

1. The organization of the Sanggunian and the election of its officers
as well as the creation of standing committees which shall include the
committees on appropriations, revenues, engineering and public works,
education and health, women and family, human rights, youth and sports
development, environmental protection, peace and order and traffic, and
cooperatives; the general jurisdiction of each committee; and the election of
the chairperson and members of each committee;

2. The order and calendar of business for each session;

3. The legislative process;

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

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

6. Such other rules as the Sanggunian may adopt.

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

(1) Ownership of stock or capital, or investment in the entity or firm to

which the ordinance or resolution may apply; and

30


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

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

b. The disclosure required under this Act shall be made in writing and
submitted to the secretary of the Sanggunian or the secretary of the committee of which
the Sanggunian 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

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

2 The disclosure shall be made when a member takes a position or

makes a privilege speech on a matter that may affect the business interest,
financial connection or professional relationship described herein.

SEC. 14. Sessions. - (a) On the first day of the session immediately following
the election of its members, the Sangguniang Panlungsod shall, by resolution, fix the

day, time and place of its sessions. The minimum number of regular sessions shall be

31


‘once a week for the Sangguniang Panlungsod and twice a month for the Sangguniang
Barangay.

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

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

(d) In the case of special sessions of the Sanggunian, a written notice to the
members shall be served personally at the members' usual place of residence at least
twenty-four (24) hours before the special session is held. Unless otherwise concurred
in by two-thirds (2/3) vote of the Sanggunian members present, there being a quorum,
no other matter may be considered at a special session except those stated in the notice.

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

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

(b) Where there is no quorum, the presiding officer may declare a recess until
such time a quorum is constituted, or a majority of the members present may adjourn

from day to day and may compel the immediate attendance of any member absent

32


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, to arrest and present the absent member at the session.

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

SEC. 16. Approval of Ordinances. - (a) Every ordinance enacted by the
Sangguniang Panlungsod shall be presented to the City Mayor. If approved, the City
Mayor shall sign each and every page of the ordinance, otherwise, veto it and return
the same together with the objections to the Sanggunian, which may proceed to
reconsider the same. The Sanggunian may override the veto of the City Mayor by two-
thirds (2/3) vote of all its members, thereby making the ordinance or resolution
effective for all legal intents and purposes.

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

SEC. 17. Veto Power of the City Mayor. - (a) The City Mayor may veto any
ordinance of the Sangguniang Panlungsod on the ground that it is ultra vires or
prejudicial to the public welfare, stating the reasons thereof in writing.

(b) The City Mayor may veto any particular item or items of an appropriations
ordinance, an ordinance or resolution adopting a local development plan, any public

investment program or an ordinance directing the payment of money or creating

33


liability. In such case, the vetoed item or items shall not affect the item or items which
are not objected to. The vetoed item or items shall not take effect unless the
Sangguniang Panlungsod overrides the veto in the manner herein provided; otherwise,
the item or items in the appropriations ordinance of the previous year corresponding
to those vetoed, if any, is 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 (2/3) vote of all its
members, thereby making the ordinance effective even without the approval of the
City Mayor.

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

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

(0) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is

beyond the power conferred upon the Sangguniang Panlungsod, it shall declare such


ordinance or resolution invalid in whole or in part. The Sangguniang Panlalawigan shall
enter its action in the minutes and shall advise the corresponding city authorities of
the action it has taken.

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

SEC. 19. Review of Barangay Ordinances by the Sangguniang Panlungsod. -
(a) Within ten (10) days after 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 is deemed approved.

(0) If the Sangguniang Panlungsod finds the barangay ordinance to be
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 that the revision called for is effected.

SEC. 20. Enforcement of Disapproved Ordinances or Resolutions. - Any
attempt to enforce any ordinance or any resolution approving the local development
plan and the public investment program after its disapproval is sufficient ground for

the suspension or dismissal of the official or employee concerned.

35


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

(b) The secretary of the Sangguniang Panlungsod shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the city hall and in at
least two (2) other conspicuous places in the City not later than five (5) days after its
approval. The text of the ordinance or resolution shall be disseminated and posted in
Filipino or English, and in the language or dialect understood by a 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.

(©) Ordinances with penal sanctions shall be posted at prominent places in city
hall, for a minimum period of three (3) consecutive weeks. Such ordinances shall also

be published in a newspaper of general circulation within the City.

ARTICLE VI
DISQUALIFICATION AND SUCCESSION OF
ELECTIVE CITY OFFICIALS
SEC. 22, Disqualification of Elective City Officials. - The following persons

are disqualified from running for any elective position in the City:

36


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

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

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

d. Those with dual citizenship;

e. Fugitives from justice in criminal or non-political cases here and abroad;

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

g. The insane or feeble-minded.

SEC, 23, Permanent Vacancy in the Offices of the City Mayor and the City Vice
Maypor. - (a) If a permanent vacancy occurs in the office of the City Mayor, the City
Vice Mayor shall become the City Mayor. If a permanent vacancy occurs in the office
of the City Vice Mayor, the highest ranking Sangguniang Panlungsod member, or in
case of 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 under the Local

Government Code of 1991, as amended.

37


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

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

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

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

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

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

a. The provincial governor shall make the aforesaid appointments;

b. Only the nominee of the political party under which the Sanggunian
member concerned had been elected and whose elevation to the position next higher
in rank created the last vacancy in the Sanggunian shall be appointed in the manner

herein provided. The appointee shall come from the same political party as that of the

38


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 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;

c. Incase the permanent vacancy is caused by a Sanggunian member who
does not belong to any political party, the City Mayor shall, upon the recommendation
of the Sangguniang Panlungsod, appoint a qualified person to fill in the vacancy; and

d. Incase of vacancy in the representation of the youth and the barangay
in the Sangguniang Panlungsod, the vacancy shall be filled in automatically by the
official next-in-rank of the Sangguniang Kabataan or barangay concerned.

SEC. 25. Temporary Vacancy in the Office of the City Mayor. ~ (a) When the
City Mayor is temporarily incapacitated to perform the duties and responsibilities for
physical or legal reasons such as leave of absence, travel abroad or suspension from
office, the City Vice Mayor shall automatically exercise the powers and perform the
duties and functions of the City Mayor, except the power to appoint, suspend or
dismiss employees which can only be exercised if the period of temporary incapacity
exceeds thirty (30) working days.

(b) Said temporary incapacity shall terminate upon submission to the
Sangguniang Panlungsod of a written declaration by the City Mayor of having reported

back to office. In case where the temporary incapacity is due to a legal cause, the City

39


Mayor shall also submit the necessary documents showing that the said legal cause
no longer exists.

(c) When the City Mayor is traveling within the country but outside the
territorial jurisdiction for a period not exceeding three (3) consecutive days, the City
Mayor may designate in writing the officer-in-charge of the office. The authorization
must 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 office on the fourth day of absence of the City Mayor, subject to the
limitations provided for in subsection(c) hereof.

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

may be.

ARTICLE VII

THE APPOINTIVE OFFICIALS OF THE CITY

40


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

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

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

1. Attend meetings of the Sangguniang Panlungsod and keep a
journal of its proceedings;

2. Keep the seal of the City and affix it with the Secretary's signature
to all ordinances, resolutions and other official acts of the Sangguniang
Panlungsod, and present these for signature of the presiding officer;

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

4. Forward to the Sangguniang Panlalawigan copies of duly
approved ordinances in the manner as provided for in Sections 56 and 57 of

the Local Government Code of 1991, as amended;

41


5. Furnish, upon the request of any interested party, certified copies
of records of public character in the secretary's 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 the office and all nonconfidential records therein open to
the public during usual business hours;

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

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

10. Perform other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, as

amended and those that are prescribed by law or ordinance.

SEC. 27. The City Treasurer. - (a) The city treasurer shall be appointed by the

Secretary of 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) The City Treasurer shall be under the administrative supervision of the City

Mayor, to whom the City Treasurer shall report regularly on the tax collection efforts

in the City;

42


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

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

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

1. Advise the City Mayor, the Sangguniang Panlungsod and other
local government and national officials concerned regarding the disposition
of local government funds and on 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 other
funds, the custody of which has been entrusted to the City Treasurer by law
or other competent authority;

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

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

43


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

SEC. 28. The City Assessor. - (a) The City Assessor must be a citizen of the
Philippines, a resident of the City, 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, a first grade civil service eligible or its
equivalent and must have acquired experience in real property assessment work or in
any related field for at least five (5) years;

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

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

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

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

3. Establish a systematic method of real property assessment;

4. Install and maintain real property identification and accounting

systems;


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

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

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

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

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

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

11. Attend personally or through an authorized representative all
sessions of the Local Board of Assessment Appeals whenever an assessment
is the subject of the appeal, and present or submit any information or record

of the appealed case, as may be required by the Board; and

45


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

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

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

(©) The City Accountant shall take charge of both the Office of the Accounting
and Internal Audit Services, and shall:

1. Install and maintain an accounting system and 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 results of operation of the City;

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

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

6. Prepare statements of cash advances, liquidations, salaries,

allowances, reimbursements and remittances pertaining to the City;

46


7. Prepare statements of journal vouchers, their liquidations, and
other adjustments related thereto;

8. Post individual disbursements to subsidiary ledgers and index
cards;

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

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

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

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

13. Perform other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, as

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

(d) The incumbent Chief Accountant in the Office of the Treasurer shall be

given preference in the appointment to the position of Accountant.

SEC. 30. The City Budget Officer. - (a) The City Budget Officer must be a citizen

of the Philippines, a resident of the City, of good moral character, holder of a college

degree preferably in accounting, economics, public administration or any related

course from a recognized college or university, a first grade civil service eligible or its

equivalent and must have acquired experience in government budgeting or in any

related field for at least five (5) years.

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(b) The City Budget Officer shall receive compensation, emoluments and
allowances as may be determined by law.
(0) The City Budget Officer shall take charge of the City Budget Department,
and shall:

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

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

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

4. Study and evaluate budgetary implications of proposed
legislations and submit comments and recommendations thereon;

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

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

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

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

9. Perform other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, as

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


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

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

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

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

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

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

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

5. Prepare comprehensive plans and other development planning

documents for the consideration of the Local Development Council;

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

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

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

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

SEC. 32. The City Engineer. - (a) The City Engineer must be a citizen of the
Philippines, a resident of the City, of good moral character, a licensed civil engineer
and must have acquired experience in the practice of profession for at least five (5)
years.

(b) The City Engineer shall receive compensation, emoluments and allowances

as may be determined by law.

(©) The City Engineer shall take charge the City Engineering Office, and shall:

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

2. Advise the City Mayor on infrastructure, public works and other

engineering matters;

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

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

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

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

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

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

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

activities;

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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 the
provision of adequate facilities relative to health services as provided for
under Section 17 of the Local Government Code of 1991, as amended;

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

4. Inaddition to the foregoing duties and functions, the City Health
Officer shall:

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

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

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

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

v. Recommend the prosecution of any violation of sanitary laws,

ordinances or regulations;

52


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

vii, Conduct health information campaigns and render health
intelligence services;

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

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

. Perform other duties and functions and exercise such other powers as
provided for under the Local Government Code of 1991, as amended,

and those that are prescribed by law or ordinance.

SEC. 34, The City Civil Registrar. - (a) The City Civil Registrar must be a citizen

of the Philippines, a resident of the City, of good moral character, a holder of a college

degree from a recognized college or university, a first grade civil service eligible or its

equivalent and must have acquired experience in civil registry work for at least five

(b) The City Civil Registrar shall receive compensation, emoluments and

allowances as may be determined by law.

53


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

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

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

2. Inaddition to the foregoing duties and functions, the City Civil
Registrar shall:

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

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

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

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

law;


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

vi. Receive application for the issuance of a marriage license and,
after determining that the requirements and supporting certificates and
publication thereof for the prescribed period have been complied with,
issue the license upon payment of the authorized fee to the City
Treasurer; and
vii. Coordinate with the Philippine Statistics Authority in conducting
educational campaigns for vital registration and assist in the preparation
of demographic and other statistics for the City; and
3. Perform other duties and functions and exercise such other

powers as provided for under the Local Government Code of 1991, as

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

SEC. 35. The City Administrator, - (a) The City Administrator must be a citizen

of the Philippines, a resident of the City, of good moral character, a holder of a college

degree preferably in public administration or in any other related course from a

recognized college or university, a first grade civil service eligible or its equivalent and

must have acquired experience in management and administrative work for at least

five (6) years.

(b) The term of the City Administrator is co-terminus with that of the

appointing authority.

() The City Administrator shall receive compensation, emoluments and

allowances as may be determined by law.

55


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

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

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

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

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

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

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

City; and

56


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

SEC. 36. The City Legal Officer. - (a) The City Legal Officer must be a citizen of
the Philippines, a resident of the City, of good moral character, a member of the
Philippine Bar and must have practiced the profession for at least five (6) years.

(b) The term of the City Legal Officer is co-terminus with that of the appointing
authority.

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

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

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

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

3. Represent the City in all civil actions and special proceedings

wherein the City or any official thereof, in official capacity is a party:

57


Provided, That in actions or proceedings where the City is the adverse party
to the provincial government or to another component city or
municipality, a special legal officer may be employed to represent the
adverse party;

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

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

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

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

8. When directed by the City Mayor or the Sanggunian, initiate or
prosecute, in the interest of the City, any civil action on any bond, lease or

other contract upon any breach or violation thereof;

58


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

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

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

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

SEC. 37. The City Social Welfare and Development Officer. - (a) The City Social
Welfare and Development Officer must be a citizen of the Philippines, a resident of
the City, of good moral character, a licensed social worker or a holder of a college
degree preferably in sociology or in any other related course from a recognized college
or university, a first grade civil service eligible or its equivalent and must have
acquired experience in the practice of social work for at least five (5) years.

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

(©) The City Social Welfare and Development Officer shall take charge the office
of the city 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 the

59


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

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

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

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

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

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

7. Initiate and support youth welfare programs that will enhance

the role of the youth in nation building;


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

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

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

11. Perform other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, as

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

SEC. 38. The City Veterinarian. - (a) The City Veterinarian must be a citizen of

the Philippines, a resident of the City, of good moral character, a licensed doctor of

veterinary medicine and must have practiced the profession for at least three (3) years.

(b) The City Veterinarian shall receive compensation, emoluments and

allowances as may be determined by law.

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

61


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

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

3. Advise the City Mayor on all matters pertaining to the slaughter
of animals for human consumption and the regulation of slaughterhouses;

4. Regulate the keeping of domestic animals;

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

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

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

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

natural disasters or calamities;

62


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

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

SEC. 39. The City General Services Officer. - (a) The City General Services
Officer must be a citizen of the Philippines, a resident of the City, of good moral
character, a holder of a college degree in public administration, business
administration or management from a recognized college or university, a first grade
civil service eligible or its equivalent and must have experience in general services,
including management of supply, solid waste disposal and general sanitation for at
least three (3) years.

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

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

1. Formulate measures for the consideration of the Sangguniang
Panlungsod and provide technical assistance and support to the City Mayor
in carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities which require general services expertise and

technical support services;

63


2. Develop plans and strategies and, upon approval thereof by the
City Mayor, implement the same, particularly those which have to do with
the general services supportive of the welfare of the inhabitants of the City
which the City Mayor is empowered to implement and which the
Sangguniang Panlungsod is empowered to provide for under the Local
Government Code of 1991, as amended;

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

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

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

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

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

8. Perform archival and record management with respect to records

of offices and departments of the local government unit;


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

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

11. Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all matters relative to general services; and

12. Perform other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, as

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

SEC. 40, The City Environment and Natural Resources Officer. ~ (a) The City

Environment and Natural Resources Officer must be a citizen of the Philippines, a

resident of the City, of good moral character, a holder of a college degree preferably

in environment, forestry, agriculture or in any other related course from a recognized

college or university, a first grade civil service eligible or its equivalent and must have

acquired experience in environment and natural resources management, conservation

and utilization work for at least five (5) years.

(b) The City Environment and Natural Resources Officer shall receive

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

6s


(0) The City Environment and Natural Resources Officer shall take charge the
city environment service department, and shall:

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

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

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

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

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

6. Provide extension services to beneficiaries of forest development
projects and render assistance for natural resources-related conservation

and utilization activities consistent with ecological balance;

66


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

8. Be in the frontline of the delivery of services concerning the
environment and natural resources, particularly in the renewal and
rehabilitation of the environment during and in the after math of man-made
and natural disasters or calamities;

9. Recommend measures to the Sangguniang Panlungsod and advise
the City Mayor on all matters relative to the protection, conservation,
maximum utilization, application of appropriate technology and other
matters related to the environment and natural resources; and

10. ‘Perform other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, as

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

SEC. 41. The City Architect. - (a) The City Architect must be a citizen of the

Philippines, a resident of the City, of good moral character, a duly licensed architect

and must have practiced the profession for at least five (5) years.

(b) The City Architect shall receive compensation, emoluments and allowances

as may be determined by law.

(©) The City Architect shall take charge of the office of the Architectural

Planning and Design, and shall:

67


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

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

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

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

5. Coordinate with government and nongovernment entities and
individuals involved in the aesthetics and maximum utilization of the land

and water within the jurisdiction of the local government unit to implement

68


plans and programs that shall preserve environmental integrity and
ecological balance;

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

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

8. Perform other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, as

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

SEC. 42. The City Information Officer. - (a) The City Information Officer must

be a citizen of the Philippines, a resident of the City, of good moral character, a holder

of a college degree preferably in journalism, mass communication or in any related

course from a recognized college or university, a first grade civil service eligible or its

equivalent and must have experience in writing articles and research papers, or

writing for print, television or broadcast media for at least five (5) years.

(b) The City Information Officer shall receive compensation, emoluments and

allowances as may be determined by law.

(c) The term of the City Information Officer is coterminous with that of the

appointing authority.

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(a) The City Information Officer shall take charge of the city information and
community relations department, and shall:

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

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

3. Provide relevant, adequate and timely information to the City
and its residents;

4, Furnish information and data on the City to government
agencies or offices, as may be required by law or ordinance, and
nongovernmental organizations to be furnished to said agencies and
organizations;

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

government;

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

7. Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all other matters relative to public information and research data
as it relates to the total socio-economic development of the City; and

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

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

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

(c) The City Cooperatives Officer shall take charge the City Cooperatives Office,
and shall:

1. Formulate measures for the consideration of the Sangguniang
Panlungsod and provide technical assistance and support to the City Mayor

in carrying out measures to ensure the delivery of basic services and the

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provision of facilities through the development of cooperatives and in
providing access to such services and facilities;

2. Develop plans and strategies and, upon approval thereof by the
City Mayor, implement the same, particularly those which have to do with
the integration of cooperatives principles and methods in programs which
the City Mayor is empowered to implement and which the Sangguniang
Panlungsod is empowered to provide;

3. Assist in the organization of cooperatives;

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

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

6. Be in the frontline of cooperatives organization, rehabilitation or

viability enhancement, particularly during and in the aftermath of
manmade and natural disasters or calamities, to aid in their survival and, if
necessary, subsequent rehabilitation;

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

life of the inhabitants; and

nR


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

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

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

(©) The City Population Officer shall take charge of the Office of Population
Development, and shall:

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

2B


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

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

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

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

6. Perform other duties and functions and exercise such other
powers as provided for under the Local Government Code of 1991, as

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

SEC. 45. The City Agriculturist, - (a) The City Agriculturist must be a citizen of

the Philippines, a resident of the City, of good moral character, a holder of a college

degree preferably in environment, forestry, agriculture or in any other related course

from a recognized college or university, a first grade civil service eligible or its

equivalent and must have experience in environment and natural resources

management, conservation and utilization work for at least five (5) years.

() The City Agriculturist shall receive compensation, emoluments and

allowances as may be determined by law.

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a. The City Agriculturist shall take charge of the Office of Agricultural
Services, and shall:

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

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

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

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

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

agricultural matters which will maximize productivity;

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

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

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

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

5. Recommend to the Sangguniang Panlungsod and advise the City
Mayor on all other matters related to agriculture and aquaculture which
will improve the livelihood and the living conditions of the inhabitants; and

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

ARTICLE VIII

THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE,

THE CITY SCHOOLS DIVISION AND CITY PROSECUTION SERVICE

SEC. 46. City Fire Station Service. - (a) There shall be established in the City at

least one (1) fire station with adequate personnel, firefighting facilities and equipment,

subject to the standards, rules and regulations that may be promulgated by the

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Department of the Interior and Local Government (DILG). The City shall provide the
necessary land or site of the station.

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

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

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

(b) The city jail service shall be headed by a City Jail Warden whose
qualifications shall be as those provided for under the Bureau of Fire Protection and
Bureau of Jail Management and Penology Professionalization Act of 2004. The City
Jail Warden shall assist in the immediate rehabilitation of individual or detention
prisoners. The City Jail Warden shall ensure that great care is exercised at all times so
that the human rights of prisoners are respected and protected, and their spiritual and

physical well-being are properly and promptly attended to. Likewise, the City shall

7


ensure that proper separate detention centers for juveniles and women are provided
for.

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

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

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

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

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

hereinabove.

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ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

SEC, 50, Municipal Ordinances Existing at the Time of the Approval of this
Act, - All municipal ordinances of the Municipality of Naval existing at the time of
the approval of this Act shall continue to be in force within the City until the
Sangguniang Panlungsod shall declare otherwise.

SEC. 51. Plebiscite. - The City of Naval shall acquire corporate existence upon
the ratification of its creation by a majority of the votes cast by the qualified voters in
a plebiscite to be conducted in the present Municipality of Naval within ninety (90)
days from the approval of this Act.

The Commission on Elections shall conduct and supervise such plebiscite.

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

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

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

SEC. 54. Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Biliran. -~ The qualified voters of the City of Naval shall

be qualified to vote and run for any elective position in the elections for provincial

79


governor, provincial vice governor, Sangguniang Panlalawigan Members and other
elective officials for the Province of Biliran.

SEC. 55. Jurisdiction of the Province of Biliran. ~ The City of Naval shall, unless
otherwise provided by law, continue to be under the jurisdiction of the Province of
Biliran.

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

SEC. 57. Representative District. - Until otherwise provided by law, the City
of Naval shall continue to be a part of the Lone Congressional District of the Province
of Biliran.

SEC. 58. Applicability of Laws. - The provisions of Republic Act No. 7160,
otherwise known as the “Local Government Code of 1991,” as amended, and other laws
pertaining to the Province of Biliran and such laws as are applicable to component
cities shall govern the City of Naval insofar as they are not inconsistent with the
provisions of this Act.

SEC. 59. Separability Clause, - If for any reason, any part or provision of this
Act be declared unconstitutional or invalid, the other parts or provisions not affected
shall continue to be in full force and effect.

SEC. 60. Effectivity. - This Act shall take fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,

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