Republic of the Philippines
HOUSE OF REPRESENTA’
Quezon City, Metro Manila

NINETEENTH CONGRESS \\ »
First Regular Session

House Bill No. 334

Introduced by Representative Michael L. Romero

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

EXPLANATORY NOTE

In 1961, the Municipality of Bataraza was created under Republic Act No.
3425, it has a land area of 726.20 square kilometers and is located in the
southernmost of the mainland of the Province of Palawan.

Under the impeccable leadership of Mayor Hji. Abraham “Abe” Ibba (2004-
2013 and 2016-present) and Mayor Hja. Katrina Iba (2013-2016), the Municipality
of Bataraza has been transformed from being a 3! Class Municipality to a 1*t Class
Municipality and is today more than qualified to be a Component City in the province
of Palawan.

The Municipality of Bataraza generated a total income of Php483,360,953.46
in 2020!, Php400,608,278.29 in 20197, Php796,018,569.33 in 2018°,
Php231,449,735.00 in 20174, Php289,065,188.83 in 20165, Php256,280,200.12 in

1 Bataraza Executive Summary 2020 available at https:/www.coa.gov.ph/wptd_file/bataraza”
executive-summary-2020/ (last accessed on 28 June 2022.)

2 Bataraza Executive Summary 2019 available at https‘//www.coa.gov.ph/wptd_file/bataraza~
executive-summary-2019/(ast accessed on 28 June 2022.)

3 Bataraza Executive Summary 2018 available at https//www.coa.gov.ph/wpld_file/bataraza~
executive summary-2018/(ast accessed on 28 June 2022.)

4 Bataraza Executive Summary 2017 available at https/www.coa.gov.ph/wptd_file/bataraza-
-summary-2017/\ast accessed on 28 June 2022.)

5 Bataraza Executive Summary 2016 available at https‘/coa.gov.ph/wpld file/bataraza-executive™
summary 2016/(ast accessed on 28 June 2022.)



20158, Php308,394,846.12 in 2014”, and Php236,677.923.86 in 2013%. Thus, it is more
than qualified to be converted into a component city based on its total income and
land area as provided for under Republic Act No. 11683.

The conversion of Bataraza into a component city has also been endorsed by
the majority of the residents of its 22 barangays, its government officials and
employees, barangay officials, multi-sectoral groups, and civic groups.

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

MIC L. ROMERO Ph.D.
Representative
1-PACMAN Partylist

© Bataraza Executive Summary 2015 available at https//www.coa.gov.ph/wpld_file/bataraza”
executive-summary-2015/(last accessed on 28 June 2022.)

7 Bataraza Executive Summary 2014 available at Attps:/www.coa.gov.ph/wpfd file/bataraza-
executive-summary-2014/ (ast accessed on 28 June 2022.)

8 Bataraza Executive Summary 2013 available at https‘/coa.gov.ph/wpfd_file/bataraza-executive
summary-2013/(ast accessed on 28 June 2022.)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session
334

House Bill No.

Introduced by Representative Michael L. Romero

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

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

ARTICLE I
GENERAL PROVISIONS

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

SEC. 2. The City of Bataraza. — The Municipality of Bataraza shall be converted into
a component city to be known as the City of Bataraza, hereinafter referred to as the
City, which shall comprise the present jurisdiction of the Municipality of Bataraza,
Province of Palawan.

The territorial jurisdiction of the City shall be within the present metes and bounds
of the Municipality of Bataraza.

The foregoing provision shall be without prejudice to the resolution by the
appropriate agency or forum of existing boundary disputes or cases involving
questions of territorial jurisdiction between the City of Bataraza and the adjoining
local government units (LGUs): Provided, that, the territorial jurisdiction of the
disputed area or areas shall remain with the LGU which has existing administrative
supervision over 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 provision of this 4 Charter. The City shall have the following
corporate powers:

(a) To have continuous succession in its corporate name;

(b) To sue and be sued;

(c) To have and use a corporate seal;

(@) To acquire, hold and convey real or personal property;

(e) To enter into any contract and/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 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 expropriate or condemn
private property for public use; to contract and be contracted with, to sue and be sued;
to prosecute and defend to final judgment and execution suits wherein the City is
involved or interested in; and to exercise all the powers as are granted to corporations
or as hereinafter conferred.

SEC. 5. General Welfare Clause. — The City shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effective governance, and those which
are essential to the promotion of the general welfare.

Within its territorial jurisdiction, the City shall ensure and support the preservation
and enrichment of its culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of appropriate
and self-reliant scientific and technological capabilities, improve public morals,
enhance economic prosperity and social justice, promote full employment among their
residents, maintain peace and order, and preserve the comfort and convenience of
their inhabitants.

SEC. 6. Liability for Damages. - The City and its officials shall not be exempt from
liability 33 for death or injury to persons or damage to property.

SEC. 7. Jurisdiction of the City. — For police purposes, the jurisdiction of the City
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 territory within the drainage area of such water supply, or within


one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping
station used in connection with the city water service.

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

The court first taking jurisdiction of such offenses shall have jurisdiction to try cases
to the exclusion of others. The police forces of City of Bataraza and the municipalities
and cities concerned shall have concurrent jurisdiction over the maintenance of good
order and the enforcement of ordinances throughout said zone, area or space. Any
license that may be issued within said zone, area or space shall be granted by the
proper authorities of the city or municipality concerned, and the fees arising
therefrom shall accrue to the treasury of the said city or municipality concerned.

ARTICLE II
CITY OFFICIALS IN GENERAL

SEC. 8. The Officials of the City of Bataraza. —

(a) There shall be in the City of Bataraza a City Mayor, a City Vice Mayor,
Sangguniang Panlungsod members, a secretary to Sangguniang Panlungsod, a city
treasurer and an assistant city treasurer, a city assessor and an assistant city
assessor, a city accountant, a city budget officer, a city planning and development
officer, a city engineer, a city health officer, a city civil registrar, a city administrator,
a city legal officer, a city social welfare and development officer, a city veterinarian,
and a city general services officer.

(b) In addition thereto, the City Mayor may appoint a city environment and natural
resources officer, a city architect, a city information officer, a city cooperatives officer,
a city population officer, a city agriculturist, a city business permit and licensing
officer, a city human resource and management officer, a city public order and safety
officer, a city disaster and risk reduction management officer, a city enterprise and
economic officer, a city youth affairs officer, a city nutrition officer, a city tourism
officer, a city public employment service officer, and city community and barangay
affairs officer.

(c) The Sangguniang Panlungsod may:
(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof
(2) Create such other offices as may be necessary to carry out the purposes of
the city government: or
(3) Consolidate the functions of any office with those of another in the interest
of efficiency and economy.


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

(e) Elective and appointive city officials shall receive compensation, allowances and
other emoluments as may be determined by law or ordinances, 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 the 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. 9. 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.

‘The City Mayor shall, at the time of the election, be at least twenty-one (21)
years of age, a resident of the City for at least one (1) year immediately preceding the
day of the election, a qualified registered voter therein, and be able to read and write
Filipino or any local language or dialect.

‘The City Mayor, who shall hold office for three (3) years, unless sooner
removed, and shall not serve for more than three (3) consecutive terms in the same
position, shall receive a minimum monthly compensation corresponding to Salary
Grade thirty (30) as prescribed under 23 Republic Act No. 6758, as amended,
otherwise known as the “Compensation and Position 24 Classification Act of 1989”,
and the implementing guidelines issued pursuant thereto and such other
compensation, emoluments and allowances as may be determined by law.

(b) The City Mayor, as the Chief Executive of the City Government, shall exercise
such 27 powers and perform such duties and functions as provided under the Local
Government Code of 28 1991, as amended, this Act and other laws.

(©) For efficient, effective and economical governance the purpose of which is the
general 30 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:


() Determine the guidelines of city policies and be responsible to the
Sangguniang Panlungsod for the City’s program of government;

(i) 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;

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 City’s 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, and provide such
information and data needed or requested by said Sangguniang
Panlungsod 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 under the Local Government Code of 1991,
as amended, and this Act, and those whose appointment the City Mayor
may be authorized by law to appoint;

(vi) Represent the City in all its business transactions and sign in 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 such emergency measures as may be necessary during
and in the aftermath of man-made and natural disasters and calamities:

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

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

( Ensure that all executive officials and employees of the City
faithfully discharge their duties and functions as provided for by law


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

(xi) Examine the books, records and other documents of all offices,
officials, agents or employees of the City and, in aid of the executive
powers and authority of the City Mayor, require all national officials
and employees stationed in or assigned to the City to make available
such 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 provincial governor within seventy-two (72) hours after their
issuance’

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

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

(xvii) Authorize payment for medical care, necessary transportation,
subsistence, hospital or medical fees of city officials and employees who


are injured while in the performance of their official duties and
functions, subject to availability of funds;

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

(xix) Conduct an annual palarong panlungsod that shall feature
traditional sports and disciplines that are played 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 or natural disasters or calamities affect the general welfare of the
City.

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

(® Ensure that the acts of the City's component barangays and of its
officials and employees are in accordance with the scope of their
prescribed powers, duties and functions:

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

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

(iv) Act as the deputized representative of the National Police
Commission, formulate the peace and order plan of the City, upon its
approval, implement the same; and as such, exercise general and
operational control and supervision over the police forces in the City in


accordance with Republic Act No. 6975, otherwise known as the
“Department of the Interior and Local Government Act of 1990”; and,

(v) Call upon the appropriate law enforcement agencies to suppress
disorder, riot, lawless violence, rebellion or sedition, or apprehend
violators of the law when public interest so requires such as when city
police forces cannot adequately cope with public disorder, violence,
and criminal activity.

The City Mayor shall be entitled to carry the necessary firearms within
the territorial jurisdiction of the City.

(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:

(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;

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

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

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

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

(vi) Require owners of illegally constructed houses, buildings or other
structures to obtain the necessary permits, subject to such fines and


penalties as may be imposed by law or ordinance, or to make necessary
changes in the construction of the same when said construction violates
any law or ordinance, or to order the demolition or removal of said house,
building or structure within the period prescribed by law or ordinance;

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

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

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

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

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

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

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

(d) The City Mayor shall hold office in the City Hall.

SEC.10. 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 7 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, and such other compensation, emoluments and allowances as may
be determined by law.

(b) The City Vice Mayor shall exercise the following duties:

(1) Act as presiding officer of the Sangguniang Panlungsod and sign all
warrants drawn on the City Treasury for all expenditures appropriated for the
operation of the Sangguniang Panlungsod;

(2) Subject to civil service law, rules and regulations, appoint alll officials and
employees including the secretary of the Sangguniang Panlungsod, except
those whose manner of appointment is specifically provided under the Local
Government Code of 1991, as amended;

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

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

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

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

SEC. 11. Composition and Compensation. —
(a) The Sangguniang Panlungsod is the legislative body of the City, and shall be
composed of the City Vice Mayor as the presiding officer, ten (10) regular
Sangguniang Panlungsod 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) representatives from the following sectors,
as members: the representative of the women’s sector; the representative of the
agricultural or industrial workers 37 sector, and the representative of other sectors,
including the urban poor, indigenous cultural communities, or persons with
disabilities (PWDs): Provided, That with the exception of the women's sector, the
Sangguniang Panlungsod shall determine the sectors to be represented within ninety
(90) days prior to the holding of the local elections.


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

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

SEC. 12. Powers, Duties, and Functions. —

(a) The Sangguniang Panlungsod, as the legislative body of the City, shall enact
ordinances, approve resolutions and appropriate funds for the general welfare of the
City and its inhabitants pursuant to Section 16 of the Local Government Code of
1991, as amended, and in the proper exercise of the corporate powers of the City as
provided under Section 22 of the Local Government Code, as amended, and shall:

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

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

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

(iii) Approve ordinances imposing a fine not exceeding Five thousand
pesos (P5,000) or an imprisonment for a period not exceeding one (1)
year, or both at the discretion of the court, for violation of a city
ordinance;

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

(v) Enact ordinances intended to prevent, suppress and impose
appropriate penalties for habitual drunkenness in

public places, vagrancy, mendicancy, prostitution, establishment and
maintenance of houses of ill-repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug dens, drug pushing,


juvenile delinquency, the printing, distribution or exhibition of obscene
or pornographic materials or publications, and such other activities
inimical to the welfare and morals of the inhabitants of the City:

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

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

(viii) Consistent with the “Compensation and Position Classification Act
of 1989”, as amended, determine the positions and the salaries, wages,
allowances and other emoluments and benefits of officials
and employees paid wholly or mainly from city funds and provide for
expenditures necessary for the proper conduct of programs, projects,
services and activities of the city government;

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

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

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

(xii) Provide legal assistance to barangay officials who, in the
performance of their official duties or on the occasion thereof, have to


initiate judicial proceedings or defend themselves against legal actions;
and

(xiii) Provide for group insurance or additional insurance coverage for
all 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 said coverage.

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

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

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

(iii) Subject to the provisions of Book II of the Local Government Code
of 1991, as amended, 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
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: Provided, That
the formulation, adoption or modification of said plan shall be in
coordination within the approved provincial comprehensive land use
plan;

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

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

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

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

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

(xii) Implement a numbering system for residential, commercial and
other buildings in the City; and

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

(3) Subject to the provisions of the Local Government Code of 1991, as
amended, enact ordinances that grant franchises and authorize the issuance


of permits or licenses, upon conditions and for purposes that promote the
general welfare of the inhabitants of the City, and pursuant to this legislative
authority, perform the following duties and functions:

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

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

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

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

(v) Any law to the contrary notwithstanding, authorize and license the
establishment, operation and maintenance of cockpits, and regulate
cockfighting and commercial breeding of gamecocks: Provided, That
existing rights held by licensed persons or establishments shall 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 markets or slaughterhouses: or
undertake such other activities within the City as may be allowed by
existing laws: Provided, That cooperatives shall be given preference in
the grant of such a franchise.

(4) Maintain peace and order, regulate the operation of establishments,
establish standards for the conduct of their businesses including the use of
lands, structures and buildings within the City in order to promote the general
welfare, and for said purpose?


(i) Declare, prevent or abate any nuisance;

(i) With the concurrence of the majority of the members of the
Sangguniang Panlungsod, a quorum being present, deny the entry of
legalized gambling by ordinance into any part of the City, or regulate its
place of operation in the City;

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

(iv) Regulate the disposal of clinical and other wastes from hospitals,
clinics and other similar establishments in accordance with established
rules and regulations;

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

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

(vii) 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;

(viii) Regulate the establishment, operation, and maintenance of any
entertainment or amusement facilities, including theaters, circus
venues, 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;

(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; and


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

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

@ Provide for the establishment, maintenance, protection and
conservation of communal forests and watersheds, tree parks,
greenbelts, mangroves, and other similar forest development projects:

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

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

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

(vi) 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 quantity of the
water supply of the City and, for this purpose, extend the coverage of
appropriate ordinances over all territories within the drainage area of


said water supply and within one hundred (100) meters of the reservoir,
canal, conduit, aqueduct, pumping station or watershed used in
connection with the water service’ and regulate the consumption, use or
recycling of waste water and fix and collect charges therefor:

(vii) Regulate the drilling and excavation of the ground for the laying of
water, gas, sewer, and other pipes, telecommunication cable wires 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;

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

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

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

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

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

(xiii) Provide for the care of persons with disabilities (PWDs), paupers,
the elderly, the sick, persons of unsound mind, abandoned minors,
juvenile delinquents, drug dependents, abused children and the youth


below eighteen (18) years of age: and subject to availability of funds,
establish and provide for the operation of centers and facilities for the
said persons;

(xiv) 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;

(xv) Establish a council which shall promote culture and the arts,
coordinate with government agencies and non-governmental
organizations and, subject to the availability of funds, appropriate funds
for the support and development of the same; and

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

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

ARTICLE V
PROCESS OF LEGISLATION

SEC. 13. 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 10 adopt or update its
existing rules of procedure.

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

(1) The organization of the Sangguniang Panlungsod 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 chairman and members of each committee;

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


(3) The legislative process;

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

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

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

SEC. 14. 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 their business and financial interests. Such disclosure shall also
include a professional relationship or any relation by affinity or consanguinity within
the fourth civil degree, which a sanggunian member may have with any person, firm
or entity affected by any ordinance or resolution under consideration by the
Sangguniang Panlungsod and which relationship may result in conflict of interests.
Such relationship shall include:

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

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

In the absence of a specific constitutional or statutory provision applicable to the
situation, "conflict of interest" refers to a situation where it may be reasonably
deduced that a member of the Sangguniang Panlungsod 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 Sangguniang Panlungsod or the secretary of the concerned
committee. The disclosure shall, in all cases, form part of the record of the
proceedings and shall be made in the following manner:


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

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

SEC. 15, _ Sessions. -
(a) On the first day of the session immediately following the election of its members,
the Sangguniang Panlungsod shall, by resolution, fix the day, time and place of its
sessions, The minimum number of regular sessions shall be once a week for the
Sangguniang Panlungsod and twice a month for the Sangguniang Barangay.

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

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

(d) In the case of special sessions of the Sangguniang Panlungsod, 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 Sangguniang Panlungsod members
present, there being a quorum, no other matters may be considered at a special
session except those stated in the notice.

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

SEC. 16. Quorum. —

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

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


from day to day and may compel the immediate attendance of any member absent
without justifiable cause by designating a member of the Sangguniang Panlungsod,
to be assisted by a member or members of the police force assigned in the territorial
jurisdiction of the City of Bataraza, to arrest the absent member and present him at
the session.

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

SEC.17. Approval of Ordinances. —

(a) Every ordinance enacted by the Sangguniang Panlungsod shall be presented to
the City Mayor. If the City Mayor approves the same, the signature shall be affixed
on each and every page thereof, otherwise, the ordinance shall be vetoed and returned
to the Sangguniang Panlungsod with a statement on the objections, which may
proceed to reconsider the same.

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

(c) The Sangguniang Panlungsod 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.

SEC. 18. 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
for the veto in writing.

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

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


SEC.19. _ Review of City Ordinances by the Sangguniang Panlalawigan. —

(a) Within three (3) days after approval, the secretary to the Sangguniang
Panlungsod shall forward to the Sangguniang Panlalawigan for review, copies of
approved ordinances and the resolutions approving the local development plans and
public investment programs formulated by the local 3 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
its comments or recommendations thereon, which may be considered by the
Sangguniang Panlalawigan in making its decision.

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

(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 shall be presumed
consistent with 16 law and therefore valid.

SEC. 20. Review of Barangay Ordinances by the Sangguniang Panlungsod. —

(a) Within ten (10) days after their enactment, the Sangguniang Barangay shall
furnish copies of all barangay ordinances to the Sangguniang Panlungsod for review
as to whether the ordinance is 20 consistent with law or city ordinances.

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

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

SEC. 21. Penalty for the Enforcement of Disapproved Ordinances or Resolutions.
— Any attempt to enforce any ordinance or any resolution approving the local
development plan and public investment program, after the disapproval thereof, shall
be sufficient ground for the suspension or dismissal of the official or employee
concerned.


SEC. 22. Effectivity of Ordinances or Resolutions. —

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

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

(©) Ordinances with penal sanctions shall be posted at prominent places in the 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
DISQUALIFICATIONS AND SUCCESSION FOR ELECTIVE CITY OFFICIALS

SEC. 23. Disqualifications for Elective City Officials. — The following persons are
disqualified from running for any elective position in the City:

(a) Those sentenced by final judgment for an offense involving moral turpitude or an
offense punishable by 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;

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

(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or nonpolitical cases here and abroad;
() 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. 24. Permanent Vacancy in the Offices of the City Mayor and City Vice
Mayor. —

(a) Ifa permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor
shall become the City Mayor. If a permanent vacancy occurs in the office of the City
Vice Mayor, the highest ranking Sangguniang Panlungsod member or, in case of the
latter’s permanent incapacity, the second highest ranking Sangguniang Panlungsod
member shall become the City Mayor or City Vice Mayor, as the case may be.
Subsequent vacancies in the said offices shall be filled automatically by the other
Sangguniang Panlungsod members according to their ranking as defined under the
Local Government Code of 1991, as amended.

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

(©) For purposes of this Act, a permanent vacancy arises when an elective local official
fills 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.

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

SEC. 25. Permanent Vacancies in the Sangguniang Panlungsod. — Permanent
vacancies in the Sangguniang Panlungsod where automatic succession as provided
above does not apply shall be filled 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 Sangguniang
Panlungsod member concerned had been elected and whose elevation to the
position next higher in rank created the last vacancy in the Sangguniang
Panlungsod shall be appointed in the manner provided herein. The appointee
shall come from the political party as that of the Sangguniang Panlungsod
member who caused the vacancy and shall serve the unexpired term of the
vacant office.

In the appointment herein mentioned, a nomination and a certificate of membership
of the appointee from the highest official of the political party concerned shall be
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 therefore:


(© Incase the permanent vacancy occurs in a position held by a Sangguniang
Panlungsod member who does not belong to any political party, the City
Mayor shall, upon recommendation of the Sangguniang Panlungsod, appoint
a qualified person to fill the vacancy; and

(d) Incase of a vacancy in the representation of the youth and the barangay in
the Sangguniang Panlungsod, said vacancy shall be filled automatically by the
official next in rank of the organization concerned.

SEC. 26. | Temporary Vacancy in the Office of the City Mayor. —

(a) When the City Mayor is temporarily incapacitated to perform the duties for
physical or legal reasons such as when the City Mayor is on official leave from duties,
on travel abroad, or is suspended from office, the City Vice Mayor or the highest
ranking Sangguniang Panlungsod member shall automatically exercise the powers
and perform the duties and functions of the City Mayor, except the power to appoint,
suspend or dismiss employees which can only be exercised if the period of temporary
incapacity exceeds thirty (30) working days.

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

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

(d) If the City Mayor fails or refuses to issue such authorization, the City Vice Mayor
or the highest ranking Sangguniang Panlungsod member, as the case maybe, shall
have the right to assume the powers, duties and functions of the said office on the
fourth day of absence of the City Mayor, subject to the limitations provided in
subsection (c) hereof.

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

ARTICLE VII
‘THE APPOINTIVE OFFICIALS OF THE CITY:


THEIR QUALIFICATIONS, POWERS AND DUTIES

SEC. 27. The Secretary to the Sangguniang Panlungsod. —
(a) There shall be a Secretary of the Sangguniang Panlungsod who shall be a career
official with the rank and salary equal to a 14 head of a department or office.

(b) The Secretary to the Sangguniang Panlungsod must be a citizen of the Philippines,
a resident of the City of Bataraza, of good moral character, a holder of a college degree
preferably in law, commerce, or public administration from a recognized college or
university, and a first grade civil service eligible or its equivalent.

(©) The Secretary to the Sangguniang Panlungsod shall take charge of the office of
the Sangguniang Panlungsod, and shall:
(D) Attend meetings of the Sangguniang Panlungsod and keep a journal of its
proceedings;

(2) Keep the seal of the City and affix it with signature to all ordinances,
resolutions, and other official acts of the Sangguniang Panlungsod and present
the same for the 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 provided in Sections 56 and 57 of the Local
Government Code of 1991, as amended;

(5) Furnish, upon the request of any interested party, certified copies of records
of public character in 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 non-confidential records therein open to the public
during usual business hoursi

(8) Translate into the dialect used by the majority of the inhabitants all
ordinances and resolutions immediately after their approval and cause the
publication of the same together with the original version in the manner
provided under the Local Government Code 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 under the Local Government Code of 1991, as amended, and those
that are prescribed by law or ordinance.

SEC. 28. The City Treasurer. —

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

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

(c) The City Treasurer must be a citizen of the Philippines, a resident of the City of
Bataraza, of good moral character, a holder of a college degree in commerce, public
administration, or law from a recognized college or university, a first-grade civil
service eligible or its equivalent and must have acquired at least five (5) years
experience in treasury or accounting services.

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

(e) The City Treasurer shall supervise 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 such other matters relative to public finance;

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

(3) Take charge of the disbursement of all funds of the City and such other
funds the custody of which may be entrusted to 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


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

SEC. 29. Assistant City Treasurer. —

(a) The Assistant City Treasurer may be appointed by the Secretary of the
Department of Finance (DOF) from a list of at least three (3) ranking eligible
recommendees of the City Mayor, subject to the civil service law, rules and
regulations.

(b) The Assistant City Treasurer must be a citizen of the Philippines, a resident of
the City of Bataraza, of good moral character, a holder of a college degree preferably
in commerce, public administration or law from a recognized college or university, a
first grade civil service eligible or its equivalent and must have acquired at least five
(5) years experience in treasury or accounting services.

(c) The Assistant City Treasurer shall assist the City Treasurer and perform such
duties as may be assigned by the latter.

(d) The Assistant City Treasurer shall have authority to administer oaths concerning
official matters relating to the accounts managed by the City Treasurer or those
arising in the office of the City Treasurer.

(c) The Assistant City Treasurer shall receive such compensation, emoluments and
allowances as may be determined by law.

SEC. 30. The City Assessor. —

(a) The City Assessor must be a citizen of the Philippines, a resident of the City of
Bataraza, 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 at least five (5) years experience in real property assessment work or in any
related field immediately preceding the date of the appointment.

(b) The City Assessor shall receive such 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 evaluation and
assessment of real properties for taxation purposes;


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

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

(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;

(1D Attend personally or through an authorized representative all sessions of
the Local Board of Assessment Appeals whenever the assessment is subject of
the appeal, and present or submit any information or record in the
possession as may be required by the Board; and

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

SEC. 31. The Assistant City Assessor. —

(a) The Assistant City Assessor must be a citizen of the Philippines, a resident of the
City of Bataraza, 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 at least three (3) years experience in real property
assessment work or in any related field immediately preceding the date of the
appointment.


(b) The Assistant City Assessor shall assist the City Assessor and perform such other
duties as may be assigned by latter.

(©) The Assistant City Assessor shall have the authority to administer oaths on all
declarations of real property for purposes of assessments.

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

SEC. 32. The City Accountant. —

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

(b) The City Accountant shall receive such 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 of the City, and shall:
(D) Install and maintain an internal audit system in the City;

(2) Prepare and submit financial statements to the City Mayor and to the
Sangguniang Panlungsod;

(3) Appraise the Sangguniang Panlungsod and other officials on the financial
condition and operations of the City:

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

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

(©) Prepare statements of cash advances, liquidations, salaries, allowances, 38
reimbursements and remittances pertaining to the City;

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

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


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

(10) Record the details of purchased furniture, fixtures and equipment,
including disposal thereof, if any;

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

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

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

SEC. 33. The City Budget Officer. —

(a) The City Budget Officer must be a citizen of the Philippines, a resident of the City
of Bataraza, of good moral character, a holder of a college degree preferably in
accounting, economics, public administration, or any related course from a recognized
college or university, a first grade civil service eligible or its equivalent, and must
have acquired at least five (5) years experience in government budgeting or in any
related field immediately preceding the date of appointment.

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

(©) 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 the different departments
and offices of the City;

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

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

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


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

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

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

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

SEC. 34. The City Planning and Development Officer. —

(a) The City Planning and Development Officer must be a citizen of the Philippines,
aresident of the City of Bataraza, 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 at least five (5) years
experience in development planning or in any related field immediately preceding the
date of the appointment.

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

(c) 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 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 councils


(@ Analyze the income and expenditure patterns, and formulate
and recommend fiscal plans and policies for consideration of the finance
committee of the City as provided under the Local Government Code of 1991,
as amended;

(7) Promote citizen's participation in development planning for the City;

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

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

SEC. 35. The City Engineer. —

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

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

(©) The City Engineer shall take charge of the City Engineering Office, and shall:
(4) Initiate, review and recommend changes in policies and objectives, plans
and programs, techniques, procedures and practices in infrastructure
development and public works in general of the City;

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

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

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

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

SEC. 36. The City Health Officer. —


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

(b) The City Health Officer shall receive such compensation, emoluments and
allowances as may be provided 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 him in the
efficient, effective and economical implementation of health service program
geared to implement health-related projects and activities;

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

(4) In addition 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 such ordinances necessary for the
preservation of public health:

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


(vi) Direct the sanitary inspection of all business establishments selling
food items or providing accommodation such as hotels, motels,
lodging houses, and pension houses, in accordance with to Presidential
Decree No. 856, or the Sanitation Code of the Philippines;

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

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

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

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

SEC. 37. The City Civil Registrar. —

(a) The City Civil Registrar must be a citizen of the Philippines, a resident of the City
of Bataraza, 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 at least five (5) years experience in civil registry work.

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

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

(d) The City Civil Registrar shall take charge of the office of the city civil registry,

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

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


@ Accept all registrable documents and judicial decrees affecting the
civil status of persons:

Gi) File, keep and preserve in a secure place the civil registration records
required by law;

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

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

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

SEC. 38. The City Administrator. —

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

E

(b) The term of the City Administrator is coterminous with that of the appointing
authority.

(© The City Administrator shall receive such compensations, emoluments and
allowances as may be determined by law.


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

shall:

(2) 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 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 local government
unit;

(3) Establish and maintain a sound personnel program for the LGU 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 situations during and in the aftermath of man-
made and natural disasters or calamities:

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

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

SEC. 39. The City Legal Officer. —

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

(b) The term of the City Legal Officer shall be coterminous with that of the appointing
authority.

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


(@) The City Legal Officer, the chief legal counsel of the City, shall take charge of the
Office of the City Legal Service, and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide legal assistance and support to the City Mayor in the delivery of
basic services and provisions of adequate facilities;

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

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

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

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

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

(7) Investigate or cause to be investigated any person, firm or corporation
holding any franchise of 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 bei

(8) When directed by the City Mayor or Sangguniang Panlungsod, initiate and
prosecute, in the interest of the City, any civil action on any bond, lease or
other contract for breach or violation thereof:

(9) Review and submit recommendations on ordinances approved and
executive 12 orders issued by the City’s component units:

(10) Recommend measures to the Sangguniang Panlungsod and advise the
City 14 Mayor on all matters related to upholding the rule of law;


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

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

SEC. 40. _ 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 Bataraza, of good moral character, a duly
licensed social worker or a holder of a college degree preferably in social work,
sociology, or any other related course from a recognized college or university, a first
grade civil service eligible or its equivalent, and must have acquired at least five (5)
years experience in the practice of social work immediately preceding the date of
appointment.

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

(O The City Social Welfare and Development Officer shall take charge of the Office of
Social Welfare and Development, and shall:
(1) Formulate measures for the approval of the Sangguniang Panlungsod and
provide technical assistance and support to the City Mayor in carrying out
measures to ensure delivery of basic services and provision of adequate
facilities relative to social welfare and development:

(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 for:

(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 exploitations;

(5) Assist the City Mayor in implementing at the barangay level a 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 program that will enhance the role of
youth in nation-building;

(8) Coordinate with government agencies and non-governmental organizations
whose purpose is the promotion and the protection of all the needy,
disadvantaged, underprivileged or impoverished groups or individuals,
particularly those identified to be in high risk of and vulnerable to exploitation,
abuse and neglect:

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

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

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

SEC. 41. The City Veterinarian. —

(a) The City Veterinarian must be a citizen of the 27 Philippines, a resident of the
City of Bataraza, 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 such compensation, emoluments and
allowances as may be determined by law.

(©) The City Veterinarian shall take charge of the Office of the Veterinary Services,
and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of veterinary services and provision of
adequate facilities;

(2) Develop plans and strategies, and upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with veterinary


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

(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 during the
outbreak of highly contagious and deadly diseases and in situations involving
the depletion of animals for work and for human consumption, particularly
those arising from and as a result of man-made and natural disasters or
calamities:

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

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

SEC. 42. The City General Services Officer. —

(a) The City General Services Officer must be a citizen of the Philippines, a resident
of the City of Bataraza, 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 acquired
at least five (5) years experience in general services, including management of office
supplies, outsourced services, equipment and other properties, solid waste disposal
and general sanitation.

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


(©) The City General Services Officer shall take charge of the Office of the General
Services, and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and provision of adequate
facilities that require general services expertise in technical support services;

(2) Develop plans and strategies, and upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with the general
services that are 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:

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

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

(7) 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;

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

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

(10) 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;

(11) Be in the frontline of general services-related activities, including the
possible and imminent destruction or damage to records, supplies, properties,


and structure materials or debris, particularly during and in the aftermath of
man-made and natural disasters and calamities;

(12) Recommend to the Sangguniang Panlungsod and advise the City Mayor
on all matters relative to general services; and

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

SEC. 43. 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 Bataraza, of good moral character, a holder of a
college degree preferably in environment, forestry, agriculture or any other related
course from a recognized college or university, a first grade civil service eligible or its
equivalent and must have acquired at least five (5) years experience in the
environment and natural resources management, conservation and utilization work.

(6) The City Environment and Natural Resources Officer shall receive such
compensation, emoluments and allowances as may be determined by law.

(©) The City Environment and Natural Resources Officer shall take charge of the
Office of the 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 provision of adequate
facilities relative to environment and natural resources services as provided
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 environment
and natural resources programs and projects which the City Mayor is
empowered to implement and which the Sangguniang Panlungsod is
empowered to provide for;

(3) Establish, maintain, protect and preserve communal forests, watersheds,
tree parks, mangroves, greenbelts, commercial forests and similar forest
projects 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 the aim of preserving ecological balance:

(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 (DENR);

(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 aftermath of man-made and natural disasters
and calamities;

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

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

SEC. 44. The City Architect. —

(a) The City Architect must be a citizen of the Philippines, a resident of the City of
Bataraza, 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 such compensation, emoluments and allowances
as may be determined by law.

(c) The City Architect shall take charge of the Office of Architectural Planning and
Design, and shall:
(1)Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and provision of adequate
facilities relative to architectural planning and design;

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


(3) Prepare and recommend for consideration of the Sangguniang Panlungsod
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 Sangguniang
Panlungsod or City Mayor, as the case maybe, the architectural plans and
design submitted by governmental and nongovernmental entities or
individuals, particularly those for undeveloped, underdeveloped and poorly
designed areas;

(5) Coordinate with government and non-government entities and individuals
involved in the aesthetics and the maximum utilization of the land and water
resources within the jurisdiction of the local government unit, and implement
plans and programs that shall preserve environmental integrity and ecological
balance.

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

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

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

SEC. 45. The City Information Officer. —

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

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


(© The term of the City Information Officer shall be coterminous with that of the
appointing authority.

(@) The City Information Officer shall take charge of the Office 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 appropriate information and research data required for the delivery of
basic services and provision of adequate facilities so that the public becomes
aware of said services and may fully avail of the same;

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

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

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

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

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

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

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

SEC. 46. The City Cooperatives Officer. —


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

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

(c) The City Cooperatives Officer shall take charge of the Office for the Development
of Cooperatives, and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and the provision of facilities
through the development of cooperatives, and in providing access to such
services and facilities for:

(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;

(8) 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
non-government organizations involved in the promotion of cooperativism as a
viable source of livelihood of the people and other community activities:

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

(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on
allother matters _—relative —to_—cooperatives development
and viability enhancement which will improve the livelihood and quality of
life of the City’s inhabitants; and


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

SEC. 47. The City Population Officer. —

(a) The City Population Officer must be a citizen of the Philippines, a resident of the
City of Bataraza, of good moral character, a holder of a college 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
at least five (5) years experience in the implementation of programs on population
development or 30 responsible parenthood.

(b) The City Population Officer shall receive such compensation, emoluments and 32
allowances as may be determined by law.

(©) The City Population Officer shall take charge of the Office on Population
Development, 34 and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and provision of adequate
facilities through the integration of the population development principles and
in providing access to said services and facilities;

(2) Develop plans and strategies, and upon approval thereof by the City Mayor,
implement the same, particularly those which have to do with the integration
of population development principles and methods in program and projects
which the City Mayor is empowered to implement and which the
Sangguniang Panlungsod is empowered to provide fori

(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 data bank 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 that are consistent with the
traditions and cultural heritage of the City’s inhabitants; and

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


SEC. 48, The City Agriculturist. -

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

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

(©) The City Agriculturist shall take charge of the Office for Agricultural Services,
and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod
and provide technical assistance and support to the City Mayor in carrying out
measures to ensure the delivery of basic services and provision of adequate
facilities relative to 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 fori

(3) In addition to the foregoing duties and functions, the City Agriculturist shall:
@ Ensure that maximum assistance and access to resources in the production,
processing and marketing of agricultural and 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;

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

(iv) Enforce rules and regulations relating to agriculture and aquaculture; and
(v) Coordinate with government agencies and nongovernmental organizations

which promote agricultural productivity through applied technology
compatible with environmental integrity.


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

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

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

SEC. 49. The City Business Permits and Licensing Officer. —

(a) The City Business Permits and Licensing Officer must be a citizen of the
Philippines, a resident of the City of Bataraza, good moral character, a holder of a
college degree preferably in business 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 at least five (5) years experience in management.

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

(c) The City Business Permits and Licensing Officer shall take charge of the Business
Permits and Licensing Office, and shall:
(1) Supervise the conduct of spot and post inspection of all business
establishments, gaming and other entities requiring permits and licenses for
compliance with existing laws and ordinances;

(2) Review the application for permits and licenses and recommend the
approval or disapproval to the City Mayor or the latter’s authorized
representatives; and

(3) Exercise over-all supervision in the City Business Permits and Licensing
Office.

SEC. 50. The City Human Resource Management Officer. —

(a) The City Human Resource Management Officer must be a citizen of the
Philippines, a resident of the City of Bataraza, of good moral character, a holder of a
college degree preferably in human resource, psychology, and other related course
obtained from a recognized college or university, a first grade civil service eligible or
its equivalent and must have acquired experience for at least five (5) years in
organization design and strategic workforce planning, recruitment and staffing,
performance management, compensation and benefits, and training and development
traffic management immediately preceding the date of appointment.


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

‘The City Human Resource Management Officer shall take charge of the City Human
Resource and Management Office, and shall:
(1) Develop a human resource management plan aimed at improving the
productivity and professional growth of the city government's employees, and
recommend the same to the City Mayor, and if warranted, to the Sangguniang
Panlungsod, for approval and implementation;

(2) Ensure that the recruitment, selection and placement of the City
Government's 9 officers and personnel is based on merit and fitness;

(3) Design, develop, coordinate, implement, deliver and evaluate training
programs that support organization objectives that are aligned with the
organizations strategic plans;

(4) Develop and implement heads and staff development programs that
support the City Government's organizational succession plans:

(5) Ensure the implementation of a Strategic Performance Management
System that includes individual Performance Contracts, ensure results-based
performance and the provision of rewards and recognition for outstanding
performance and loyalty in the service; and

(6) Perform such other duties and functions, and exercise such other powers as
may be prescribed by law or ordinance.

SEC.51. The City Public Order and Safety Officer. —

(a) The City Public Order and Safety Officer must be a citizen of the Philippines, a
resident of the City of Bataraza, of good moral character, a holder of a college degree
preferably in engineering, public administration, and other related course obtained
from a recognized college or university, a first grade civil service eligible or its
equivalent and must have acquired experience for at least five (5) years in traffic
management and road safety preceding the date of appointment.

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

The City Public Order and Safety Officer shall take charge of the City Public Order
and Safety Office, and shall:


(1) Establish and maintain a system to monitor peace and order and other
public safety concerns in the City, and report the status thereof to the City
Mayor;

(2) Formulate plans, programs and activities to maintain and enhance public
safety and recommend the same to the City Mayor, and if warranted, to the
Sangguniang Panlungsod;

(3) Coordinate with, and assist national and local law enforcement agencies,
including concerned offices of the city and barangay

governments on the proper implementation of laws and ordinances, including
extending assistance, as auxiliary unit, in the conduct of public safety services;

(4) Secure facilities owned by the City and provide civil security assistance to
ensure safety of the officers and employees of the City;

(5) Provide security coverage for activities and other sanctioned events of the
City;

(6) Undertake advocacy activities to raise community awareness on specific
issues affecting public order and safety as well as engage in specific
activities intended to promote public order and safety, and disaster resiliency,
and

(7) Perform such other duties and functions, and exercise such other powers as
may be prescribed by law or ordinance;

SEC. 52. The City Disaster Risk Reduction and Management Officer. —
(a) The City Disaster Risk Reduction and Management Officer must be a citizen of
the Philippines, a resident of the City of Bataraza, of good moral character, a holder
of a college degree preferably in engineering, public administration and other related
course obtained from a recognized college or university, a first grade civil service
eligible or its equivalent and must have acquired experience for at least five (5) years
in disaster preparedness, risk reduction and management, emergency response, and
incident command system preceding the date of appointment.

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

The City Disaster Risk Reduction and Management Officer shall take charge of the
City Disaster Risk Reduction and Management Office, and shall:
(1) Set the direction, development, implementation and coordination of
disaster risk reduction and management programs within the City;


(2) Consolidate local disaster risk information which includes
natural hazards, vulnerabilities, and climate change risk, and maintain a local
risk map;

(3) Organize and conduct training, orientation, and knowledge management
activities on disaster risk reduction and management at the local level;

(4) Formulate and implement a comprehensive and integral local disaster risk
reduction and management plan in accordance with the national, regional and
provincial framework, in coordination with the local development councils, and
upon approval thereof by the City Mayor and Sangguniang Panlungsod,
implement the same;

(5) Be in the frontline of disaster preparedness and management, particularly
during and in the aftermath of man-made and natural disasters, to aid in the
survival and if necessary, subsequent rehabilitation of affected individuals and
communities;

(6) Be in the frontline on the delivery of quick response and services,
particularly those related to situations during and in the aftermath of man-
made and natural disasters and calamities; and

(7) Perform such other duties and functions, and exercise such other powers as
may be prescribed by law or ordinance;

SEC. 53. The City Enterprise and Economic Affairs Officer. —

(a) The City Enterprise and Economic Affairs Officer must be a citizen of the
Philippines, a resident of the City of Bataraza, of good moral character, a holder of a
college degree preferably in business administration and other related course
obtained from a recognized college or university, a first grade civil service eligible or
its equivalent and must have acquired experience for at least five (5) years in
enterprise and cooperative management and investment promotions.

(b) The City Enterprise and Economic Affairs Officershall receive compensation,
emoluments and allowances as may be determined by law.

(c) The City Enterprise and Economic Officer Affairs officer shall take charge of the
City Enterprise and Economic Affairs 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 provision of adequate
facilities through the development of local enterprises and cooperatives, and in
providing access to such services and facilities;


(2) Develop plans and strategies towards the improvement of economic
enterprise and upon recommendation thereof by the City Mayor, implement
the same, particularly those which have to do with the integration of business
promotion and cooperative principles and methods and programs and projects,
which the City Mayor is empowered to implement and which the Sangguniang
Panlungsod is empowered to provide for;

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

(4) Recommend to the Sangguniang Panlungsod and advise the City Mayor on
all matters relative to enterprise and cooperative development and viability
enhancement which will improve the livelihood and quality of life of
inhabitants; and

(5) Perform such other duties and functions, and exercise such other powers as
may be prescribed by law or ordinance;

SEC. 54. The City Youth Affairs Officer. —

(a) The City Youth Affairs Officer must be a citizen of the Philippines, a resident of
the City of Bataraza, of good moral character, a holder of a college degree preferably
in community development, public administration and other related course obtained
from a recognized college or university, a first grade civil service eligible or its
equivalent and must have acquired experience for at least three (3) years in the
implementation of programs for youth leadership, and sports development preceding
the date of appointment.

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

(©) The City Youth Affairs Officer shall take charge of the City Youth Affairs Office,
and shall:
(1) Develop plans and strategies, and upon the approval thereof by the City
Mayor, implement the same, particularly those which have to do with youth
and sports programs and projects which the City Mayor is empowered to
implement and which the Sangguniang Panlungsod is empowered to provide
for; and

(2) Perform such other duties and functions and exercise such other powers as
may be prescribed by law or ordinance.

SEC. 55. The City Nutrition Officer. —


(a) The City Nutrition Officer must be a citizen of the Philippines, a resident of the
City of Bataraza, of good moral character, a registered Nutritionist-Dietitian
pursuant to Republic Act No. 10862 otherwise known as the Nutrition and Dietetics
Law, and must have acquired experience for at least three (3) years in the
implementation of programs on nutrition and dietetics development preceding the
date of appointment.

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

(©) The City Nutrition Officer shall take charge of the City Nutrition Office, and shall:
(1) Lead the efforts of the City government in addressing malnutrition
concerns;

(2) Recommend in the policy and program formulation and coordination,
capacity development, promotion of good nutrition, nutrition
surveillance, resource generation and mobilization, advocacy and
partnership and alliance building; and

(3) Perform such other duties and functions, and exercise such other powers as
may be prescribed by law or ordinance;

SEC. 56. The City Public Employment and Service Officer. —

(a) The City Public Employment and Service Officer must be a citizen of the
Philippines, a resident of the City of Bataraza, of good moral character, a holder of a
college degree preferably in psychology, business administration and other related
course obtained from a recognized college or university, a first grade civil service
eligible or its equivalent and must have acquired experience for at least three (3)
years in the implementation of programs on employment generation and
development preceding the date of appointment.

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

(©) The City Public Employment and Service Officer shall take charge of the City
Public Employment and Service Office, and shall:
(1) Ensure prompt and efficient delivery of employment facilitation services as
well as to provide timely information on the labor market and Department of
Labor and Employment (DOLE) Programs:

(2) Be in the frontline of the delivery of core services, which include labor
market information dissemination, referral and placement, employment
coaching and career counselling;


(3) Lead the implementation of programs like Special Program for the
Employment of 32 Students (SPES) , Job Fairs, Philjobnet / PESO
Employment Information System (PEIS), National Skills Registry Program
(NSRP), DOLE Government Internship Program (DOLE-GIP), Tulong
Pangkabuhayan para sa Ating Disadvantaged Workers (TUPAD), DOLE
Integrated Livelihood and Emergency Employment Program (DILLEP; and

(4) Perform such other duties and functions, and exercise such other powers
as may be prescribed by law or ordinance;

SEC. 57. The City Community and Barangay Affairs Officer. —

(a) The City Community and Barangay Affairs Officer must be a citizen of the
Philippines, a resident of the City of Bataraza, of good moral character, a holder of a
college degree preferably in community development, public administration and
other related course obtained from a recognized college or university, a first grade
civil service eligible or its equivalent and must have acquired experience for at least
three (3) years in the implementation of programs on community affairs, sectoral
mobilization and community-based organizations, and barangay coordination
preceding the date of appointment.

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

The City Community and Barangay Affairs Officer shall take charge of the City
Community 7 and Barangay Affairs Office, and shall:
(1) Design and implement special projects for purposes of developing,
strengthening and maintaining linkages with the various local organizations,
including the urban poor, community-based organizations, civic groups
nongovernment organizations and the local government;

(2) Lead in the implementation of special projects to empower, recognize and
strengthen relations with barangay officials and volunteer workers;

(3) Coordinate and supervise different community programs of activities to
respond to the needs of the barangay and residents in communities; and

(4) Perform such other duties and functions, and exercise such other powers
as may be prescribed by law or ordinance:

ARTICLE VIII 19

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

SEC. 58. The City Fire Station Service. —


(a) There shall be established in the City of Bataraza at least one (1) fire station with
adequate personnel, firefighting facilities and equipment, subject to the standards,
rules and regulations that may be promulgated by the Department of the Interior and
Local Government (DILG). The City shall provide the appropriate site for the City
Fire Station:

(b) The City Fire Station Service shall be headed by a City Fire Marshal whose
qualifications shall be as those provided 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”; and

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

SEC. 59. The City Jail Service. —

(a) At least five (5) months from the commencement of the corporate existence of the
City, the DILG shall establish and maintain a secured, clean, adequately equipped
and sanitary jail facility 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 a violent mentally ill person who may endanger oneself or
the safety of others as duly certified by the proper medical health officer, prior to the
transfer of such person to a mental institution.

(b) The City Jail Service shall be headed by a city jail warden whose qualifications
shall be as those provided for under Republic Act No. 9263, as amended, otherwise
known as the "Bureau 5 of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004”.

The Provincial Jail Warden shall assist in the immediate rehabilitation of individuals
or detention of prisoners. Great care must be exercised so that human rights of these
prisoners are respected and protected, and their spiritual and physical well-being are
properly and promptly attended to.

SEC. 60. The City Schools Division. —

The Department of Education (DepEd) shall establish and maintain a city schools
division of the City of Bataraza whose area of jurisdiction will cover all the school
districts within the City.

The City School Division shall be headed by a City Schools Division Superintendent
who must possess the necessary qualifications required by the DepEd.

SEC.61. The City Prosecution Service. —


(a) The Department of Justice (DOJ) shall, within two (2) months from the
commencement of the corporate existence of the city, establish and maintain a
prosecution service in the City of Bataraza. It shall be headed by a city prosecutor,
who shall be assisted by such number of assistant prosecutors as may be necessary,
and whose qualifications, manner of appointment, rank, salary and benefits shall be
governed by existing laws covering prosecutors in the DOJ. The City Prosecution
Service shall be organizationally part of the DOJ, and under the supervision and
control of the Secretary of 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 quality of prosecution
service in the City and for this purposes hall, in the absence or lack or insufficiency
in number of assistant city prosecutors as provided hereinabove, designate from
among the assistant provincial prosecutors a sufficient number to perform and
discharge the functions of the City Prosecution Service as provided hereinabove.

ARTICLE IX
TRANSITORY AND FINAL PROVISIONS

SEC. 62. Municipal Ordinances Existing at the Time of the Approval of this Act.
—All municipal ordinances of the Municipality of Bataraza existing at the time of the
approval of this Act shall continue to be in force within the City of Bataraza until the
Sangguniang Panlungsod shall provide otherwise.

SEC. 63. _Plebiscite. — ‘The City of Bataraza 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 Bataraza within ninety
(90) days from the approval of this Act.

The Commission on Elections (COMELEC) shall conduct and supervise such
plebiscite. The expenses for such plebiscite shall be borne by the Municipality of
Bataraza.

SEC. 64. Officials of the City of Bataraza. — The present elective officials of the
Municipality of Bataraza shall continue to exercise their powers and functions until
such time that a new election is held and the duly-elected officials shall have already
qualified and assumed their offices. Appointive officials and employees of the
Municipality of Bataraza shall likewise continue exercising their functions and duties
and they shall automatically be absorbed by the city government of the City of
Bataraza.


SEC. 65. Succession Clause. — The City of Bataraza shall succeed to all the assets,
properties, liabilities and obligations of the Municipality of Bataraza.

SEC. 66. Election of Provincial Governor and Sangguniang Panlalawigan
Members of the Province of Palawan. — The qualified voters of the City of Bataraza
shall be qualified to vote 17 and run for any elective position in the elections
for provincial governor, provincial vice governor, 18 Sangguniang Panlalawigan
members and other elective offices for the Province of Palawan.

SEC. 67. Jurisdiction of the Province of Palawan. — The City of Bataraza shall,
unless otherwise provided by law, continue to be under the jurisdiction of the
Province of Palawan.

SEC. 68. 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 23 corporate existence.

SEC. 69. Legislative District. - Until otherwise provided by law, the City of
Bataraza shall 25 continue to be a part of the Second Legislative District of the
Province of Palawan.

SEC. 70. Applicability of Laws. — The provisions of the Local Government Code of
1991, as amended, and such other laws as are applicable to component cities shall
govern the City of Bataraza insofar as they are not inconsistent with the provisions
of this Act.

SEC.71.  Separability Clause. — If, for any reason or reasons, any part or provision
of this charter shall be held unconstitutional, invalid or inconsistent with the Local
Government Code of 31 1991, as amended, the other parts or provisions hereof which
are not affected shall continue to be in full force and effect.

SEC. 72. Effectivity.— This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,