Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR. 
AN ACT 
CONVERTING THE MUNICIPALITY OF MALAY IN THE PROVINCE OF AKLAN INTO A 
COMPONENT CITY TO BE KNOWN AS THE CITY OF MALAY 
EXPLANATORY NOTE 
This Bill seeks to convert the Municipality of Malay in the Province of Aklan into a component 
city to be known as the City of Malay. 
The Municipality of Malay is a first-class municipality and the tourism capital of the Province 
of Aklan. It is composed of seventeen (17) barangays encompassing a total land area of 5,184.78 
hectares including the Island of Boracay and other nearby islands. Based on 2015 census data, Malay 
has a recorded population of 52,973 inhabitants. It has an Annual Average Income (AAI) of P169.832 
million for the fiscal years 2018 and 2019 as certified by the DBM. 
In accordance with R.A. 7160 or the 1991 Local Government Code, as amended, the 
Municipality of Malay possesses the minimum requirements for cityhood. It has an annual income 
above P100 million and is exempted from the land area requirement as it is comprised of two (2) or 
more islands, as certified by the DENR-Land Management Bureau. 
As home to the world-famous Boracay Island, the Municipality of Malay is known for its 
vibrant tourism industry. In 2019, Boracay tourism alone generated a total revenue of P62.31 billion 
from its 2,034,599 tourist arrivals, an increase of 116 percent from the previous year. In 2017, P357 
million or about 90 percent of Malay's local revenue came from Boracay, comprising of fees from 
business and building permits, and environmental and terminal fees. In 2019, Malay ranked as top 9 
among all the municipalities in the Philippines in terms of local revenue collections amounting to 
P365,723,937, and was awarded a Certificate of Achievement by the Bureau of Local Government and 
Finance. 
November 28, 2022
12:07 pm
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Apart from its strong revenue-generating industries, the readiness of Malay for cityhood is 
exhibited by its commitment to sustainable development while consistently providing the basic 
socioeconomic services for its people, ranging from healthcare, education, housing, food security, peace 
and order, disaster risk reduction and response, and basic infrastructure development. 
Malay's decisive handling of the recent challenges it faced also serves as a testament to its 
preparedness for greater autonomy. In 2018, during the 6-month closure and rehabilitation of Boracay 
Island as ordered by the President, the Municipality of Malay, together with the Boracay Inter-agency 
Task Force, acted swiftly in implementing the Boracay Action Plan involving aggressive pollution 
control and prevention measures, and ecosystem recovery and rehabilitation. Consistent social service 
support was also provided to affected families, industries, and labor force. 
In 2020, the COVID-19 Pandemic halted Boracay's tourism industry, resulting in sudden rise 
in unemployment. The Municipality of Malay, through its strong cooperation with the National 
Government, acted swiftly in establishing health safety protocols and providing food assistance to 
families and livelihood assistance to affected workers of the tourism sector. Through this, Boracay 
Island was one of the first tourist destinations to reopen after the onset of the COVID-19 Pandemic. 
The conversion of the Municipality of Malay into a component city of the Province of Aklan 
will enhance its potential and capability to attract additional local and international investments, further 
propelling its economic growth and development and upgrading social services delivery for its people. 
In view of the foregoing, the approval of this Bill is earnestly sought. 
TEODORICO T. HARESCO, JR


NINETEENTH CONGRESS OF THE 
 REPUBLIC OF THE PHILIPPINES 
First Regular Session 
House Bill No. _______ 
Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR. 
AN ACT 
CONVERTING THE MUNICIPALITY OF MALAY IN THE PROVINCE OF AKLAN INTO A 
COMPONENT CITY TO BE KNOWN AS THE CITY OF MALAY 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Article I 
1 
General Provisions 
2 
Section 1. Title. This Act shall be known as the Charter of the City of Malay. 
3 
Section 2. The City of Malay. The Municipality of Malay is hereby converted into component city to 
4 
be known as the City of Malay, hereinafter referred to as the City, which shall comprise of the present 
5 
territory of the Municipality of Malay in the Province of Aklan. The territorial jurisdiction of the City 
6 
shall be within the present metes and bounds of the City of Malay. 
7 
Section 3. Corporate Powers of the City. The City constitutes a political body corporate and as such is 
8 
endowed with the attribute of perpetual succession and possessed of the powers which pertain to a 
9 
municipal corporation, to be exercised in conformity with the provisions of this Charter. The City shall 
10 
have the following corporate powers: 
11 
(a) To have a continuous succession in its corporate name;
12 
(b) To sue and be sued;
13 
(c) To have and use a corporate seal;
14 
(d) To acquire and convey real or personal property;
15 
(e) To enter into contracts; and
16 
(f) To exercise such other powers as are granted to corporations, subject to the limitations
17 
provided in this Act and other laws.
18 
19 
Section 4. General Powers of the City. The City shall have a common seal and may alter the same at 
20 
pleasure. It shall exercise the powers to levy taxes, close and open roads, streets, alleys, parks, or 
21 
squares subject to the provisions of the Constitution and existing laws. It may take, purchase, receive, 
22 
hold, lease, convey and dispose of real and personal property for the general interest of the city, 
23 
condemn private property for public use, contract and be contracted with, sue and be sued, prosecute 
24 
and defend to final judgment and execution suits, wherein said city is a party, and exercise all the 
25 
powers as are granted to a corporation and/or hereinafter conferred. 
26 
} 
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Section 5. Liability for Damages. The city and its officials shall not be exempt from liability for death 
27 
or injury to persons or damage to property done or caused as a consequence or result of the discharge 
28 
or performance of official functions within the scope of their duties. 
29 
Section 6. Jurisdiction of the City. The jurisdiction of the City of Malay, for police purposes only, shall 
30 
be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring the purity 
31 
of the water supply of the city, such police jurisdiction shall also extend over all territory within the 
32 
drainage area of such water supply, or within one hundred meters of any reservoir, conduit, canal, 
33 
aqueduct, or pumping station used in connection with the city water service. The city court of the city 
34 
shall have concurrent jurisdiction with the city or municipal courts of adjoining municipalities or cities, 
35 
to try crimes and misdemeanors committed within said drainage area, or within said spaces of one 
36 
hundred (100) meters. The court first taking cognizance of such an offense shall have jurisdiction to try 
37 
said cases to the exclusion of others. But any license that may be issued within said zone, area or spaces 
38 
shall be granted by the proper authorities of the city or municipality concerned, and the fees arising 
39 
therefrom shall accrue to the treasury of the said city or municipality. 
40 
 
41 
Article II 
42 
City Officials in General 
43 
Section 7. Officials of the City of Malay.  
44 
(a) There shall be in the City of Malay a City Mayor, a Vice Mayor, Sangguniang Panlungsod Members. 
45 
The mandatory appointive city officials are as follows: 
46 
1. Secretary to the Sangguniang Panlungsod 
47 
2. City Treasurer and an Assistant City Treasurer 
48 
3. City Assessor and an Assistant City Assessor 
49 
4. City Accountant  
50 
5. City Budget Officer 
51 
6. City Planning and Development Coordinator 
52 
7. City Engineer 
53 
8. City Health Officer 
54 
9. City Civil Registrar 
55 
10. City Administrator 
56 
11. City Legal Officer 
57 
12. City Veterinarian  
58 
13. City Social Welfare and Development Officer 
59 
14. City General Services Officer 
60 
15. City Agricultural and Biosystems Engineer 
61 
 
62 
 
63 
b. In addition, thereto, the city mayor may appoint the following officials: 
64 
1. City Architect 
65 
2. City Public Information Officer 
66 
3. City Agriculturist, 
67 
4. City Population Officer 
68 
5. City Environment and Natural Resources Officer 
69 
6. City Cooperatives Officer 
70 
7. City Human Resource Management Officer 
71 
8. City Public Employment and Service Officer 
72 
9. City Procurement Management Officer 
73 
10. City College Administrator 
74 


 
11. City Zoning Administrator 
75 
12. City Business Processing and Licensing Officer 
76 
13. City Economic Enterprise and Development Officer 
77 
14. City Chief Transportation Regulation Officer 
78 
15. City Disaster Risks Reduction Management Officer 
79 
16. City Tourism Officer 
80 
17. City Building Official 
81 
18. City Internal Auditor 
82 
19. City Sports Development Officer 
83 
20. City Public Order and Safety Officer 
84 
21. City Trade and Industry Officer 
85 
22. City Economic Investment and Promotion Officer 
86 
23. City Housing and Community Development and Resettlement Officer 
87 
24. City Barangay and Community Relations Officer  
88 
25. City Research and Development Officer 
89 
26. City Public Affairs and Information Services Officer 
90 
27. City Youth Development Officer 
91 
28. City Information Technology Officer 
92 
29.  City Person with Disability Affairs Officer  
93 
30. Senior Citizen’s Affair Officer 
94 
There shall be a City Repair and Maintenance Division under the Office of the City General Officer. 
95 
The City of Malay shall maintain a City Fire Station to be headed by a City Fire Marshal and a City Jail 
96 
to be headed by a City Jail Warden. 
97 
The City of Malay may: 
98 
1. Maintain existing offices not mentioned in subsections hereof; 
99 
2. Create such other offices as may be necessary to carry out the purpose of the City; or 
100 
3. Consolidate the functions of any office with those of another in the interest of efficiency 
101 
and economy. 
102 
Unless otherwise provided herein, all appointive city officials of the City shall be appointed by the City 
103 
Mayor with the concurrence of the majority of all the Sangguniang Panlungsod Members, subject to 
104 
Civil Service Law, rules and regulations. The Sangguniang Panlungsod shall act on the appointment 
105 
within fifteen (15) days from the date of its submission otherwise the same shall be deemed confirmed. 
106 
 
107 
Article III 
108 
The City Mayor and City Vice Mayor 
109 
Section 8. The City Mayor. The City Mayor shall be the chief executive of the City. He shall be elected 
110 
at large by the qualified voters of the City. No person shall be eligible for the position of the City Mayor 
111 
unless at the time of the election he is at least twenty-one (21) years of age, an actual resident of the City 
112 
for at least one (1) year prior to his election, and a qualified voter therein. He shall hold office for three 
113 
(3) years unless sooner removed and shall receive a minimum monthly compensation corresponding 
114 
to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758 and the implementing guidelines 
115 
issued pursuant thereto. 
116 
The City Mayor, as Chief Executive of the city government, shall exercise such powers and perform 
117 
such duties and functions as provided herein: 
118 


 
(a) Exercise those powers expressly granted to him by law, those necessarily implied therefrom as well 
119 
as powers necessary, appropriate or incidental for the efficient and effective governance of the city, and 
120 
those which are essential to the promotion of general welfare: 
121 
1. Determine the guidelines of city policies and be responsible to the Sangguniang 
122 
Panlungsod for the program of government; 
123 
2. Direct the formulation of the City Development Plan, with the assistance of the City 
124 
Development Council, and upon approval thereof by the Sangguniang Panlungsod, 
125 
implement the same; 
126 
3. Present the program of government and propose policies and projects for the consideration 
127 
of the Sangguniang Panlungsod at the opening of the regular session of the Sangguniang 
128 
Panlungsod every calendar year and as often as may be deemed necessary as the general 
129 
welfare of the inhabitants and the needs of the city government may require; 
130 
4. Initiate and propose legislative measures to the Sangguniang Panlungsod as often as may 
131 
be deemed necessary, provide such information and data needed or requested by said 
132 
Sanggunian in the performance of its legislative functions; 
133 
5. Appoint all officials and employees whose salaries and wages are wholly or mainly paid 
134 
out of city funds and whose appointments are not otherwise provided for in this Act, as 
135 
well as those he may be authorized by law to appoint; 
136 
6. Represent the city in all its business transactions and sign in its behalf all bonds, contracts 
137 
and obligations, and such other documents upon authority of the Sangguniang 
138 
Panlungsod or pursuant to law or ordinance; 
139 
7. Carry out such emergency measures as may be necessary during and in the aftermath of 
140 
man-made and natural disasters and calamities; 
141 
8. Determine the time, manner and place of payment of salaries or wages of the officials and 
142 
employees of the city, in accordance with law or ordinance; 
143 
9. Allocate and assign office space to the city and other officials and employees who, by law 
144 
or ordinance, are entitled to such space in the city hall and other buildings owned or leased 
145 
by the city government; 
146 
10. Ensure that all executive officials and employees of the city faithfully discharge their duties 
147 
and functions as provided by law and this Act, and cause to be instituted administrative 
148 
or judicial proceedings against any official or employee of the city who may have 
149 
committed an offense in the performance of his official duties; 
150 
11. Examine the books, records and other documents for all offices, officials, agents or 
151 
employees of the city and, in aid of his executive powers and authority, require all national 
152 
officials and employees stationed in or assigned to the city to make available to him such 
153 
books, records and other documents in their custody, except those classified by law as 
154 
confidential; 
155 
12. Furnish copies of executive orders issued by him to the provincial governor within 
156 
seventy-two (72) hours after their issuance; 
157 
13. Visit component barangays of the city at least once every six (6) months to deepen his 
158 
understanding of problems and conditions, listen and give appropriate counsel to local 
159 
officials and inhabitants of general laws and ordinances which especially concern them, 
160 
and otherwise conduct visits and inspection to ensure that the governance of the city will 
161 
improve the quality of life of the inhabitants; 
162 
14. Act on leave applications of officials and employees appointed by him and the 
163 
commutation of the monetary value of their leave credits in accordance with law; 
164 
15. Authorize official trips of city officials and employees outside of the city for a period not 
165 
exceeding thirty (30) days; 
166 
16. Call upon any national official or employee stationed or assigned to the city to advise him 
167 
on matters affecting the city and to make recommendations thereon; coordinate with said 
168 
official or employee in the formulation and implementation of plans, programs and 
169 


 
projects; and, when appropriate, initiate any administrative or judicial action against a 
170 
national government official or employee who may have committed an offense in the 
171 
performance of his official duties while stationed in or assigned to the city; 
172 
17. Authorize payment for medical care, necessary transportation, subsistence, hospital or 
173 
medical fees of city officials and employees who are injured while in the performance of 
174 
their official duties and functions, subject to availability of funds; 
175 
18. Solemnize marriages, any provision of law to the contrary notwithstanding; 
176 
19. Conduct an annual Palarong Panlungsod, which shall feature traditional sports and 
177 
disciplines included in national and international games, in coordination with the 
178 
Department of Education, Culture and Sports; and 
179 
20. Submit to the Provincial Governor the following reports: an Annual Report containing a 
180 
summary of all matters pertinent to the management, administration and development of 
181 
the city and all information and data relative to its political, social and economic conditions; 
182 
and Supplemental Reports when unexpected events and situations arise at any time during 
183 
the year, particularly when man-made or natural disasters or calamities affect the general 
184 
welfare of the city; 
185 
(b) Enforce all laws and ordinances relative to the governance of the city and exercise of its appropriate 
186 
corporate powers, as well as implement all approved policies, programs, projects, services, and 
187 
activities of the city: 
188 
1. Ensure that the acts of the city’s component barangays and of its officials and employees 
189 
are within the scope of their prescribed powers, duties and functions; 
190 
2. Call conventions, conferences, seminars or meetings of elective and appointive officials of 
191 
the city, including national officials and employees stationed in or assigned to the city, at 
192 
such time and place and on such subject as he may deem important for the promotion of 
193 
the general welfare of the city and its inhabitants; 
194 
3. Issue such executive orders for the faithful and appropriate enforcement and execution of 
195 
laws and ordinances; 
196 
4. Be entitled to carry the necessary firearm within his territorial jurisdiction; 
197 
5. Act as the deputized representative of the National Police Commission, formulate the 
198 
peace and order plan of the city and, upon its approval, implement the same; and as such 
199 
exercise general and operational control and supervision over the local police forces in the 
200 
city in accordance with Republic Act No. 6975; and 
201 
6. Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless 
202 
violence, rebellion or sedition, or to apprehend violators of the law when public interest so 
203 
requires and the city police forces are inadequate to cope with the situation or the violators. 
204 
(c) Initiate and maximize the generation of resources and revenues, and apply the same to the 
205 
implementation of development plans, program objectives and priorities, particularly those resources 
206 
and revenues programmed for agro-industrial development and countryside growth and progress: 
207 
1. Require each head of an office or department to prepare and submit an Estimate of 
208 
Appropriations for the ensuing calendar year, in accordance with the budget preparation 
209 
process in accordance with the provisions of the Local Government Code of 1991; 
210 
2. Ensure that all taxes and other revenues of the city are collected, and that city funds are 
211 
applied to the payment of expenses and settlement of obligations of the city in accordance 
212 
with law or ordinance; 
213 
3. Issue licenses and permits and suspend or revoke the same for any violation of the 
214 
conditions upon which said licenses or permits have been issued, pursuant to law or 
215 
ordinance; 
216 


 
4. Issue permits, without need of approval thereof from any national agency, for the holding 
217 
of activities for any charitable or welfare purpose, excluding prohibited games of chance 
218 
or shows contrary to law, public policy and public morals; 
219 
5. Require owners of illegally constructed houses, buildings or other structures to obtain the 
220 
necessary permit, subject to such fines and penalties as may be imposed by law or 
221 
ordinance, or to make necessary changes in the construction of the same when said 
222 
construction violates any law or ordinance, or to order the demolition or removal of said 
223 
house, building or structure within the period prescribed by law or ordinance; 
224 
6. Adopt adequate measures to safeguard and conserve land, mineral, marine and other 
225 
resources of the city; 
226 
7. Provide efficient and effective property and supply management in the city; and protect 
227 
the funds, credits, rights and other properties of the city; and 
228 
8. Institute or cause to be instituted administrative or judicial proceedings for violations of 
229 
ordinances in the collection of taxes fees or charges and for the recovery of funds and 
230 
property; and cause the city to be defended against all suits to ensure that its interests, 
231 
resources, and rights shall be adequately protected. 
232 
(d) Ensure the delivery of basic services and the provision of adequate facilities and, in addition thereto: 
233 
1. Ensure that the construction and repair of roads and highways funded by the national 
234 
government shall be, as far as practicable, carried out in a spatially contiguous manner and 
235 
in coordination with the construction and repair of the roads and bridges of the city; and 
236 
2. Coordinate the implementation of technical services, including public works and 
237 
infrastructure programs, rendered by national offices. 
238 
(e) Perform such other duties and functions and exercise such other powers as provided for under 
239 
Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are 
240 
prescribed by law or ordinance. 
241 
Section 9. The City Vice Mayor.  There shall be a City Vice Mayor who shall be elected in the same 
242 
manner as the City Mayor and shall at the time of his election possess the same qualifications as the 
243 
City Mayor. He shall hold office for three (3) years, unless sooner removed, and shall receive a monthly 
244 
compensation corresponding to Salary Grade Twenty-six (SG 26) as prescribed under Republic Act No. 
245 
6758 and the implementing guidelines issued pursuant thereto. 
246 
The City Vice Mayor shall: 
247 
(a) Act as presiding officer of the Sangguniang Panlungsod and sign all warrants drawn on the 
248 
City Treasury for the Sangguniang Panlungsod; 
249 
(b) Subject to Civil Service Law, rules and regulations, appoint all officials and employees of 
250 
the Sangguniang Panlungsod, except those whose manner of appointment is specifically 
251 
provided for under existing laws; 
252 
(c) Assume the Office of the City Mayor for the unexpired term of the latter in the event of 
253 
permanent vacancy; 
254 
(d) Exercise the powers and perform the duties and functions of the City Mayor in cases of 
255 
temporary vacancy; and 
256 
(e) Perform such other duties and functions and exercise such other powers as provided for 
257 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and 
258 
those that are prescribed by law or ordinance. 
259 
 
260 


 
Article IV 
261 
The Sangguniang Panlungsod 
262 
Section 10. The Sangguniang Panlungsod. The Sangguniang Panlungsod, the legislative body of the 
263 
city, shall be composed of the City Vice Mayor as Presiding Officer, the regular Sanggunian Members, 
264 
the President of the City Chapter of the Liga ng mga Barangay, the President of the Panlungsod na 
265 
Pederasyon ng mga Sangguniang Kabataan, and the Sectoral Representatives, as members. 
266 
The regular member shall be elected by district with each district electing five (5) members of the 
267 
Sangguniang Panlungsod, as follows: 
268 
(1) The 1st district is composed of the fourteen (14) barangays that is geographically located in Mainland 
269 
Malay; Barangay Caticlan, Sambiray, Argao, Napaan, Cogon, Cubay Norte, Cubay Sur, Nabaoy, Motag, 
270 
Balusbos, Poblacion, Dumlog, Kabulihan and Naasug; and 
271 
(2) The 2nd district is composed of the three barangays in Boracay Island: Manocmanoc, Balabag and 
272 
Yapak.   
273 
In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as 
274 
shall be determined by the Sangguniang Panlungsod within ninety (90) days prior to the holding of the 
275 
local elections, one (1) from the agricultural or industrial workers, and one (1) from the other sectors, 
276 
including the urban poor, indigenous cultural communities and disabled persons. 
277 
The regular members of the Sangguniang Panlungsod and the sectoral representatives shall be elected 
278 
in the manner as may be provided for by law. The elective members of the Sangguniang Panlungsod 
279 
shall possess the same qualifications as that of the City Mayor and City Vice Mayor except that 
280 
candidates for said positions must be at least eighteen (18) years of age on election day. 
281 
The Sangguniang Panlungsod shall: 
282 
(a) Approve ordinances and pass resolutions necessary for an efficient and effective city government 
283 
and, in this connection, shall: 
284 
1. Review all ordinances approved by the Sangguniang Barangay and executive orders issued 
285 
by the Punong Barangay to determine whether these are within the scope of the prescribed 
286 
powers of the Sanggunian and of the Punong Barangay; 
287 
2. Maintain peace and order by enacting measures to prevent and suppress lawlessness, 
288 
disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said 
289 
ordinances; 
290 
3. Approve ordinances imposing a fine not exceeding Five thousand pesos (₱5,000.00) or an 
291 
imprisonment for a period not exceeding one (1) year, or both at the discretion of the court, 
292 
for the violation of a city ordinance; 
293 
4. Adopt measures to protect the inhabitants of the city from the harmful effects of man-made 
294 
or natural disasters and calamities, and to provide relief services and assistance for victims 
295 
during and in the aftermath of said disasters or calamities and in their return to productive 
296 
livelihood following said events; 
297 
5. Enact ordinances intended to prevent, suppress and impose appropriate penalties for 
298 
habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment 
299 
and maintenance of houses of ill-repute, gambling and other prohibited games of chance, 
300 
fraudulent devices and ways to obtain money or property, drug addiction, maintenance of 
301 
drug dens, drug pushing, juvenile delinquency, the printing, distribution and exhibition of 
302 
obscene or pornographic materials or publications, and such other activities inimical to the 
303 
welfare and morals of the inhabitants of the city; 
304 
6. Protect the environment and impose appropriate penalties for acts which endanger the 
305 
environment, such as dynamite fishing and other forms of destructive fishing, illegal 
306 


 
logging and smuggling of natural resources products and of endangered species of flora 
307 
and fauna, slash-and-burn farming, and such other activities which result in pollution, 
308 
acceleration of eutrophication of rivers and lakes or of ecological imbalance; 
309 
7. Subject to the provisions of the Local Government Code and pertinent laws, determine the 
310 
powers and duties of officials and employees of the city; 
311 
8. Determine the positions and the salaries, wages, allowances and other emoluments and 
312 
benefits of officials and employees paid wholly or mainly from city funds and provide for 
313 
expenditures necessary for the proper conduct of programs, projects, services and activities 
314 
of the city government; 
315 
9. Authorize the payment of compensation to a qualified person not in the government 
316 
service who fills up a temporary vacancy or grant honorarium to any qualified official or 
317 
employee designated to fill a temporary vacancy in a concurrent capacity at the rate 
318 
authorized by law; 
319 
10. Provide a mechanism and the appropriate funds therefor, to ensure the safety and 
320 
protection of all city government property, public documents, or records such as those 
321 
relating to property inventory, land ownership, record of births, marriages, deaths, 
322 
assessments, taxation, accounts, business permits, and such other records and documents 
323 
of public interest in the offices and departments of the city government; 
324 
11. When the finances of the city government allow, provide for additional allowances and 
325 
other benefits to judges, prosecutors, public elementary and high school teachers, and other 
326 
national government officials stationed in or assigned to the City; 
327 
12. Provide legal assistance to barangay officials who, in the performance of their official duties 
328 
or on the occasion thereof, have to initiate judicial proceedings or defend themselves 
329 
against legal action; and 
330 
13. Provide for group insurance or additional insurance coverage for all barangay officials, 
331 
including members of Barangay Tanod brigades and other service units, with public or 
332 
private insurance companies, when the finances of the city government allow said 
333 
coverage. 
334 
(b) Generate and maximize the use of resources and revenues for the development plans, program 
335 
objectives and priorities of the City, with particular attention to agro-industrial development and city-
336 
wide growth and progress: 
337 
1. Approve the annual and supplemental budgets of the city government and appropriate 
338 
funds for specific programs, projects, services and activities of the city, or for other 
339 
purposes not contrary to law, in order to promote the general welfare of the city and its 
340 
inhabitants; 
341 
2. Subject to the provisions of Book II of the Local Government Code of 1991 and applicable 
342 
laws and upon the majority vote of all the members of the Sangguniang Panlungsod, enact 
343 
ordinances levying taxes, fees and charges, prescribing the rates thereof for general and 
344 
specific purposes, and granting tax exemptions, incentives or reliefs; 
345 
3. Subject to the provisions of Book II of the Local Government Code and upon the majority 
346 
vote of all the members of the Sangguniang Panlungsod, authorize the City Mayor to 
347 
negotiate and contract loans and other forms of indebtedness; 
348 
4. Subject to the provisions of Book II of the Local Government Code and applicable laws and 
349 
upon the majority vote of all the members of the Sangguniang Panlungsod, enact 
350 
ordinances authorizing the floating of bonds or other instruments of indebtedness, for the 
351 
purpose of raising funds to finance development projects; 
352 
5. Appropriate funds for the construction and maintenance or the rental of buildings for the 
353 
use of the city; and upon the majority vote of all the members of the Sangguniang 
354 
Panlungsod, authorize the City Mayor to lease to private parties such public buildings held 
355 
in a proprietary capacity, subject to existing laws, rules and regulations; 
356 


 
6. Prescribe reasonable limits and restrictions on the use of property within the jurisdiction 
357 
of the city; 
358 
7. Adopt a Comprehensive Land Use Plan for the city: Provided, that the formulation, 
359 
adoption or modification of said plan shall be in coordination with the approved Provincial 
360 
Comprehensive Land Use Plan; 
361 
8. Reclassify lands within the jurisdiction of the city, subject to the pertinent provisions of the 
362 
Local Government Code; 
363 
9. Enact integrated zoning ordinances in consonance with the approved comprehensive land 
364 
use plan, subject to existing laws, rules and regulations; establish fire limits or zones, 
365 
particularly in populous centers; and regulate the construction, repair or modification of 
366 
buildings within said fire limits or zones in accordance with the provisions of the Fire Code; 
367 
10. Subject to national law, process and approve subdivision plans for residential, commercial, 
368 
or industrial purposes and other development process, and to collect processing fees and 
369 
other charges, the proceeds of which shall accrue entirely to the city. Provided, however, 
370 
that where approval of a national agency or office is required, said approval shall not be 
371 
withheld for more than thirty (30) days from receipt of the application. Failure to act on the 
372 
application within the period stated above shall be deemed as approval thereof; 
373 
11. Subject to the provisions of Book II of the Local Government Code, grant the exclusive 
374 
privilege of constructing fish corrals or fish pens, or the taking or catching of bangus fry, 
375 
prawn fry or kawag-kawag or fry of any species of fish within the city waters; 
376 
12. With the concurrence of at least two-thirds (2⁄3) of all the members of the Sangguniang 
377 
Panlungsod, grant tax exemptions, incentives or relief to entities engaged in community 
378 
growth-inducing industries, subject to the provisions of the Local Government Code; 
379 
13. Grant loans or provide grants to other local government units or to national, provincial, 
380 
and city charitable, benevolent or educational institutions: Provided, That said institutions 
381 
are operated and maintained within the City; and 
382 
14. Regulate the inspection, weighing and measuring of articles of commerce. 
383 
(c) Subject to the provisions of the Local Government Code of 1991, enact ordinances granting 
384 
franchises and authorizing the issuance of permits or licenses, upon such conditions and for such 
385 
purposes intended to promote the general welfare of the inhabitants of the City and pursuant to this 
386 
legislative authority, shall: 
387 
1. Fix and impose reasonable fees and charges for all services rendered by the city 
388 
government to private persons or entities; 
389 
2. Regulate or fix license fees for any business or practice of profession within the city and the 
390 
conditions under which the license for said business or practice of profession may be 
391 
revoked and enact ordinances levying taxes thereon; 
392 
3. Provide for and set the terms and conditions under which public utilities owned by the city 
393 
shall be operated by the city government, and prescribe the conditions under which the 
394 
same may be leased to private persons or entities, preferably cooperatives; 
395 
4. Regulate the display of and fix the license fees for signs, signboards, or billboards at the 
396 
place or places where the profession, or business advertised thereby is, in whole or in part, 
397 
conducted; 
398 
5. Any law to the contrary notwithstanding, authorize and license the establishment, 
399 
operation and maintenance of cockpits, and regulate cockfighting and commercial 
400 
breeding of gamecocks: Provided that existing rights should not be prejudiced; 
401 
6. Subject to the guidelines prescribed by the Department of Transportation and 
402 
Communications, regulate the operation of tricycles and other public utility 
403 
transportations; grant franchises for the operation thereof within the territorial jurisdiction 
404 
of the city; and 
405 


 
7. Upon approval by a majority vote of all the members of the Sangguniang Panlungsod, 
406 
grant a franchise to any person, partnership, corporation or cooperative to do business 
407 
within the city; establish, construct, operate and maintain ferries, wharves, markets, or 
408 
slaughterhouses; or undertake such other activities within the city as may be allowed by 
409 
existing laws: provided, that cooperatives shall be given preference in the grant of such 
410 
franchise. 
411 
(d) Regulate activities relative to the use of land, buildings and structures within the city in order to 
412 
promote the general welfare and for said purpose, shall: 
413 
1. Declare, prevent or abate any nuisance; 
414 
2. Require that buildings and the premises thereof and any land within the city be kept and 
415 
maintained in a sanitary condition; impose penalties for any violation thereof; or, upon 
416 
failure to comply with said requirement, have the work done at the expense of the owner, 
417 
administrator or tenant concerned; or require the filling up of any land or premises to a 
418 
grade necessary for proper sanitation; 
419 
3. Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar 
420 
establishments; 
421 
4. Regulate the establishment, operation and maintenance of cafes, restaurants, beer houses, 
422 
hotels, motels, inns, pension houses, lodging houses and other similar establishments, 
423 
including tourist guides and transports; 
424 
5. Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or 
425 
fermented liquors at any retail outlet; 
426 
6. Regulate the establishment and provide for the inspection of steam boilers or any heating 
427 
device in buildings and the storage of inflammable and highly combustible materials 
428 
within the city; 
429 
7. Regulate the establishment, operation and maintenance of any entertainment or 
430 
amusement facilities, including the theatrical performances, circuses, billiard pools, public 
431 
dancing schools, public dance halls, sauna baths, massage parlors, and other places for 
432 
entertainment or amusement; regulate such other events or activities for amusement or 
433 
entertainment, particularly those which tend to disturb the community or annoy the 
434 
inhabitants, or require the suspension or suppression of the same; or prohibit certain forms 
435 
of amusement or entertainment in order to protect the social and moral welfare of the 
436 
community; 
437 
8. Provide for the impounding of stray animals; regulate the keeping of animals in homes or 
438 
as part of a business, and the slaughter, sale or disposition of the same; and adopt measures 
439 
to prevent and penalize cruelty to animals; and 
440 
9. Regulate the establishment, operation and maintenance of funeral parlors and the burial 
441 
or cremation of the dead, subject to the existing laws, rules and regulations. 
442 
(e) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and 
443 
facilities as provided for under the Local Government Code and, in addition to said services and 
444 
facilities, shall: 
445 
1. Provide for the establishment, maintenance, protection and conservation of watersheds, 
446 
tree parks, green belts and mangroves; 
447 
2. Establish markets, slaughterhouses or animal corrals and authorize the operation thereof 
448 
by the city government; and regulate the construction and operation of private markets, 
449 
talipapas or other similar buildings and structures; 
450 
3. Authorize the establishment, maintenance and operation by the city government of ferries, 
451 
wharves and other structures intended to accelerate productivity related to marine life and 
452 
the preservation thereof; 
453 


 
4. Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy 
454 
products and other foodstuffs for public consumption; 
455 
5. Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public 
456 
places and approve the construction, improvement, repair and maintenance of the same; 
457 
establish bus and vehicle stops and terminals or regulate the use of the same by privately-
458 
owned vehicles which serve the public; regulate garages and the operation of conveyances 
459 
for hire; designate stands to be occupied by public vehicles when not in use; regulate the 
460 
putting up of signs, signposts, awnings and awning posts on the streets; and provide for 
461 
the lighting, cleaning and sprinkling of streets and public places; 
462 
6. Regulate the traffic on all streets and bridges; prohibit encroachments or obstacles thereon 
463 
and, when necessary in the interest of public welfare, authorize the removal of 
464 
encroachments and illegal construction in public places; 
465 
7. Subject to existing laws, establish and provide for the maintenance, repair and operation 
466 
of an efficient waterworks system to supply water for the inhabitants and purify the source 
467 
of the water supply; regulate the construction, maintenance, repair and use of hydrants, 
468 
pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the 
469 
city and, for this purpose, extend the coverage of appropriate ordinances over all territory 
470 
within the drainage area of said water supply and within one hundred meters (100 m) of 
471 
the reservoir, conduit, canal, aqueduct, pumping station or watershed used in connection 
472 
with the water service; and regulate the consumption, use or wastage of water and fix and 
473 
collect charges therefor; 
474 
8. Regulate the drilling and excavation of the ground for the laying of water, gas, sewer and 
475 
other pipes and the construction, repair and maintenance of public drains, sewers, 
476 
cesspools, tunnels and similar structures; regulate the placing of poles and the use of 
477 
crosswalks, curbs and gutters; adopt measures to ensure public safety against open canals, 
478 
manholes, live wires and other similar hazards to life and property; and regulate the 
479 
construction and use of private water closets, privies and other similar structures in 
480 
buildings and homes; 
481 
9. Regulate the placing, stringing, attaching, installing, repair and construction of all gas 
482 
mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and 
483 
provide for the correction, condemnation or removal of the same when found to be 
484 
dangerous, defective or otherwise hazardous to the welfare of the inhabitants; 
485 
10. Subject to the availability of funds and to existing laws, rules and regulations, establish and 
486 
provide for the operation of vocational and technical schools and similar post-secondary 
487 
institutions and, with the approval of the Department of Education, Culture and Sports 
488 
and subject to existing law on tuition fees, fix and collect reasonable tuition fees and other 
489 
school charges in educational institutions supported by the city government; 
490 
11. Establish a scholarship fund for poor but deserving students in schools located within its 
491 
jurisdiction or for students residing within the city; 
492 
12. Approve measures and adopt quarantine regulations to prevent the introduction and 
493 
spread of diseases; 
494 
13. Provide for an efficient and effective system of solid waste and garbage collection and 
495 
disposal and prohibit littering and the placing or throwing of garbage, refuse and other 
496 
filth and wastes; 
497 
14. Provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound 
498 
mind, abandoned minors, juvenile delinquents, drug dependents, abused children and 
499 
other needy and disadvantaged persons, particularly children and youth below eighteen 
500 
(18) years of age; and, subject to the availability of funds, establish and provide for the 
501 
operation of centers and facilities for said needy and disadvantaged persons; 
502 


 
15. Establish and provide for the maintenance and improvement of jails and detention centers, 
503 
institute a sound jail management program, and appropriate funds for the subsistence of 
504 
detainees and convicted prisoners in the city; 
505 
16. Establish a city council whose purpose is the promotion of culture and the arts, coordinate 
506 
with government agencies and nongovernmental organizations and, subject to the 
507 
availability of funds, appropriate funds for the support and development of the same; and 
508 
17. Establish a city council for the elderly which shall formulate policies and adopt measures 
509 
mutually beneficial to the elderly and to the community; provide incentives for 
510 
nongovernmental agencies and entities and, subject to the availability of funds, 
511 
appropriate funds to support programs and projects for the benefit of the elderly. 
512 
(e) Perform such other duties and functions and exercise such other powers as provided for under 
513 
Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are 
514 
prescribed by law or ordinance. 
515 
 
516 
Article V 
517 
Process of Legislation 
518 
Section 11. Internal Rules of Procedure. On the first regular session following the election of its 
519 
members and within ninety (90) days thereafter, the Sangguniang Panlungsod shall adopt or update 
520 
its existing rules and procedure. 
521 
The rules of procedure shall provide for the following: 
522 
(a) The organization of the Sanggunian and the election of its officers as well as the creation of 
523 
standing committees which shall include, but shall not be limited to, the Committees on 
524 
Appropriations, Revenues, Engineering and Public Works, Education, Health, Women, Family, 
525 
Human Rights, Youth and Sports Development, Environmental Protection, Peace and Order 
526 
and Traffic, and Cooperatives; the general jurisdiction of each committee; and the election of 
527 
the chairman and members of each committee; 
528 
(b) The order and calendar of business for each session; 
529 
(c) The legislative process; 
530 
(d) The parliamentary procedures which include the conduct of members during sessions; 
531 
(e) The discipline of members for disorderly behavior and absences without justifiable cause 
532 
for four (4) consecutive sessions for which they may be censured, reprimanded or excluded 
533 
from the session, suspended for not more than sixty (60) days, or expelled: provided, that the 
534 
penalty of suspension or expulsion shall require the concurrence of at least two-third (2⁄3) vote 
535 
of the Sanggunian Members: provided, further, that a member convicted by final judgment to 
536 
imprisonment of at least one (1) year for any crime involving moral turpitude shall be 
537 
automatically expelled from the Sanggunian; and 
538 
(f) Such other rules as the Sanggunian may adopt. 
539 
 
540 
Section 12. Full Disclosure of Financial and Business Interest of Sangguniang Panlungsod Members. 
541 
Every Sangguniang Panlungsod Member shall, upon assumption to office, make a full disclosure of his 
542 
business and financial interest. He shall also disclose any business, financial, professional relationship 
543 
or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any 
544 
person, firm or entity affected by any ordinance or resolution under consideration by the Sanggunian 
545 


 
of which he is a member, which relationship may result in conflict of interest. Such relationship shall 
546 
include: 
547 
(a) Ownership of stock or capital, or investment in the entity or firm to which the ordinance or 
548 
resolution may apply; and 
549 
(b) Contracts or agreements with any person or entity which the ordinance or resolution under 
550 
consideration may affect. 
551 
In the absence of a specific constitutional or statutory provision applicable to this situation, “conflict of 
552 
interest” refers in general to one where it may be reasonably deduced that a member of the Sanggunian 
553 
may not act in the public interest due to some private, pecuniary or other personal considerations that 
554 
may tend to affect his judgment to the prejudice of the service or the public. 
555 
The disclosure required under this Act shall be made in writing and submitted to the Secretary of the 
556 
Sanggunian or the Secretary of the Committee of which he is a member. The disclosure shall, in all 
557 
cases, form part of the record of the proceedings and shall be made in the following manner: 
558 
1. Disclosure shall be made before the member participates in the deliberations on the 
559 
ordinance or resolution under consideration: provided, that if the member did not 
560 
participate during the deliberations, the disclosure shall be made before voting on the 
561 
ordinance or resolution on second and third readings; and 
562 
2. Disclosure shall be made when a member takes a position or makes a privilege speech on 
563 
a matter that may affect the business interest, financial connection or professional 
564 
relationship described herein. 
565 
Section 13. Sessions. On the first day of the session immediately following the election of its members, 
566 
the Sangguniang Panlungsod shall, by resolution, fix the day, time and place of its regular sessions. The 
567 
minimum number of regular sessions shall be once a week for the Sangguniang Panlungsod and twice 
568 
a month for the Sangguniang Barangay. 
569 
When public interest so demands, special sessions may be called by the City Mayor or by a majority of 
570 
the members of the Sanggunian. 
571 
All Sanggunian sessions shall be open to the public unless a closed-door session is ordered by an 
572 
affirmative vote of a majority of the members present, there being a quorum, in the public interest or 
573 
for reasons of security, decency or morality. No two (2) sessions, regular or special, may be held in a 
574 
single day. 
575 
In the case of special sessions of the Sanggunian, a written notice to the members shall be served 
576 
personally at the member’s usual place of residence at least twenty-four (24) hours before the special 
577 
session is held. 
578 
Unless concurred in by two-thirds (2⁄3) vote of the Sanggunian Members present, there being a quorum, 
579 
no other matters may be considered at a special session except those stated in the notice. 
580 
The Sanggunian shall keep a journal and record of its proceedings which may be published upon 
581 
resolution of the Sangguniang Panlungsod. 
582 
Section 14. Quorum. A majority of all the members of the Sanggunian who have been elected and 
583 
qualified shall constitute a quorum to transact official business. Should a question of quorum be raised 
584 
during a session, the Presiding Officer shall immediately proceed to call the roll of the members and 
585 
thereafter announce the results. 
586 
Where there is no quorum, the Presiding Officer may declare a recess until such time as a quorum is 
587 
constituted, or a majority of the members present may adjourn from day to day and may compel the 
588 
immediate attendance of any member absent without justifiable cause by designating a member of the 
589 


 
Sanggunian to be assisted by a member or members of the police force assigned in the territorial 
590 
jurisdiction of the City of Malay, to arrest the absent member and present him at the session. 
591 
If there is still no quorum despite the enforcement of the immediately preceding subsection, no business 
592 
shall be transacted. The Presiding Officer, upon proper motion duly approved by the members present, 
593 
shall then declare the session adjourned for lack of quorum. 
594 
Section 15. Approval of Ordinances. Every ordinance enacted by the Sangguniang Panlungsod shall 
595 
be presented to the City Mayor. If the City Mayor approves the same, he shall affix his signature on 
596 
each and every page thereof; otherwise, he shall veto it and return the same with his objections to the 
597 
Sanggunian, which may proceed to reconsider the same. The Sanggunian may override the veto of the 
598 
City Mayor by two-thirds (2⁄3) vote of all its members, thereby making the ordinance or resolution 
599 
effective for all legal intents and purposes. 
600 
The veto shall be communicated by the City Mayor to the Sanggunian within ten (10) days; otherwise, 
601 
the ordinance shall be deemed approved as if he had signed it. 
602 
Section 16. Veto Power of the City Mayor. The City Mayor may veto any ordinance of the Sangguniang 
603 
Panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons 
604 
therefor in writing. 
605 
The City Mayor shall have the power to veto any particular item or items of an appropriations 
606 
ordinance, an ordinance or resolution adopting a local development plan and public investment 
607 
program, or an ordinance directing the payment of money or creating liability. In such a case, the veto 
608 
shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect 
609 
unless the Sangguniang Panlungsod overrides the veto in the manner herein provided; otherwise, the 
610 
item or items in the appropriation ordinance of the previous year corresponding to those vetoed, if any, 
611 
shall be deemed reenacted. 
612 
The City Mayor may veto an ordinance or resolution only once. The Sanggunian may override the veto 
613 
of the City Mayor by two-thirds (2⁄3) vote of all its members, thereby making the ordinance effective 
614 
even without the approval of the City Mayor. 
615 
Section 17. Review of Barangay Ordinances by Sangguniang Panlungsod. Within ten (10) days after 
616 
enactment, the Sangguniang Barangay shall furnish copies of all barangay ordinances to the 
617 
Sangguniang Panlungsod for review as to whether the ordinances are consistent with law and city 
618 
ordinances. 
619 
If the Sangguniang Panlungsod fails to take action on barangay ordinances within thirty (30) days from 
620 
receipt thereof, the same shall be deemed approved. 
621 
If the Sangguniang Panlungsod finds the barangay ordinances inconsistent with law or city ordinances, 
622 
the Sangguniang Panlungsod shall, within thirty (30) days from receipt thereof, return the same with 
623 
its comments and recommendations to the Sangguniang Barangay concerned for adjustment, 
624 
amendment or modification; in which case, the effectivity of the barangay ordinance is suspended until 
625 
such time as the revision called for is effected. 
626 
Section 18. Enforcement of Disapproved Ordinances or Resolutions. Any attempt to enforce any 
627 
ordinance or any resolution approving the Local Development Plan and Public Investment Program 
628 
after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official 
629 
or employee concerned. 
630 
Section 19. Effectivity of Ordinances or Resolutions. Unless otherwise stated in the ordinance or the 
631 
resolution approving the Local Development Plan and Public Investment Program, the same shall take 
632 
effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the 
633 
city hall of Malay, and in at least two (2) other conspicuous places in the City of Malay. 
634 


 
The Secretary of the Sangguniang Panlungsod shall cause the posting of an ordinance or resolution in 
635 
the bulletin board at the entrance of the City Hall of Malay, and in at least two (2) conspicuous places 
636 
in the City of Malay not later than five (5) days after approval thereof. All ordinances or resolutions 
637 
passed and enacted by the Sangguniang Panlungsod shall take effect immediately after the publication 
638 
requirement. 
639 
The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and the 
640 
Secretary of the Sangguniang Panlungsod shall record such fact in a book kept for the purpose, stating 
641 
the date of approval and posting. 
642 
The main features of the ordinance or resolution duly enacted or adopted shall, in addition to being 
643 
posted, be published once in a local newspaper of general circulation within the city: provided, that in 
644 
the absence thereof the ordinance or resolution shall be published in any newspaper of general 
645 
circulation: Provided, further, that the gist of all ordinances with the penal sanctions shall also be 
646 
published in a newspaper of general circulation. 
647 
 
648 
Article VI 
649 
Disqualification and Succession of Elective City Officials 
650 
Section 20. Disqualifications of Elective Public City Officials. The following persons are disqualified 
651 
from running for any elective position in the city: 
652 
(a) Those sentenced by final judgment for an offense involving moral turpitude or for an 
653 
offense punishable by one (1) year or more of imprisonment, within two (2) years after serving 
654 
sentence; 
655 
(b) Those removed from office as a result of an administrative case; 
656 
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic of the 
657 
Philippines; 
658 
(d) Those with dual citizenship; 
659 
(e) Fugitives from justice in criminal or nonpolitical cases here and abroad; 
660 
(f) Permanent residents in a foreign country or those who have acquired the right to reside 
661 
abroad and continue to avail of the same right after the effectivity of the Local Government 
662 
Code; and 
663 
(g) The insane or feeble-minded. 
664 
Section 21. Permanent Vacancy in the Office of the City Mayor and City Vice Mayor. If a permanent 
665 
vacancy occurs in the office of the City Mayor, the City Vice Mayor concerned shall become the City 
666 
Mayor. If a permanent vacancy occurs in the Offices of the Mayor or the City Vice Mayor, the highest 
667 
ranking Sangguniang Panlungsod Member or, in case of his permanent incapacity, the second highest 
668 
Sangguniang Panlungsod Member shall become the City Mayor or City Vice Mayor, as the case may 
669 
be. Subsequent vacancies in said offices shall be filled automatically by the other Sanggunian Members 
670 
according to their ranking as defined herein. 
671 
A tie between or among the highest ranking Sangguniang Panlungsod Members shall be resolved by 
672 
the drawing of lots. 
673 
The successors as defined herein shall serve only the unexpired terms of their predecessors. 
674 


 
For purposes of this act, a permanent vacancy arises when an elective local official fills a higher vacant 
675 
office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is 
676 
otherwise permanently incapacitated to discharge the functions of his office. 
677 
For purposes of succession as provided in this Act, ranking in the Sanggunian shall be determined on 
678 
the basis of the proportion of votes obtained by each winning candidate to the total number of 
679 
registered voters in the city in the immediately preceding local election. 
680 
Section 22. Permanent Vacancies in the Sangguniang Panlungsod. Permanent vacancies in the 
681 
Sangguniang Panlungsod where automatic succession as provided above does not apply shall be filled 
682 
by appointment in the following manner: 
683 
(a) The Provincial Governor shall make the aforesaid appointment; 
684 
(b) Only the nominee of the political party under which the Sanggunian Member concerned 
685 
had been elected shall be appointed in the manner herein provided. The appointee shall come 
686 
from the same political party as that of the Sanggunian Member who caused the vacancy and 
687 
shall serve the unexpired term of the vacant office. In the appointment herein mentioned, a 
688 
nomination and a certificate of membership of the appointee from the highest official of the 
689 
political party concerned are conditions sine qua non, and any appointment without such 
690 
nomination and certification shall be null and void ab initio and shall be a ground for 
691 
administrative action against the official responsible therefor; 
692 
(c) In case the permanent vacancy is caused by a Sanggunian Member who does not belong to 
693 
any political party, the City Mayor shall, upon recommendation of the Sangguniang 
694 
Panlungsod, appoint a qualified person to fill the vacancy; and 
695 
(d) In case of vacancy in the representation of the youth and the barangay in the Sangguniang 
696 
Panlungsod, said vacancy shall be filled automatically by the official next in rank of the 
697 
organization concerned. 
698 
Section 23. Temporary Vacancy in the Office of the City Mayor. 
699 
(a) When the City Mayor is temporarily incapacitated to perform his duties for physical or legal 
700 
reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, 
701 
the City Vice Mayor, or the highest ranking Sangguniang Panlungsod Member shall 
702 
automatically exercise the powers and perform the duties and functions of the city mayor, 
703 
except the power to appoint, suspend or dismiss employees which can only be exercised if the 
704 
period of temporary incapacity exceeds thirty (30) working days. 
705 
(b) Said temporary incapacity shall terminate upon submission to the Sangguniang Panlungsod 
706 
of a written declaration by the City Mayor that he has reported back to office. In cases where 
707 
the temporary incapacity is due to legal causes, the City Mayor shall also submit necessary 
708 
documents showing that said legal causes no longer exist. 
709 
(c) When the City Mayor is traveling within the country but outside his territorial jurisdiction 
710 
for a period not exceeding three (3) consecutive days, he may designate in writing the officer-
711 
in-charge of his office. Such authorization shall specify the powers and functions that the local 
712 
official concerned shall exercise in the absence of the City Mayor except the power to appoint, 
713 
suspend or dismiss employees. 
714 
(d) In the event, however, that the City Mayor fails or refuses to issue such authorization, the 
715 
City Vice Mayor, or the highest ranking Sangguniang Panlungsod Member, as the case may be, 
716 
shall have the right to assume the powers, duties and functions of the said office on the fourth 
717 
day of absence of the City Mayor, subject to the limitations provided in subsection (c) hereof. 
718 


 
(e) Except as provided above, the City Mayor shall in no case authorize any local official to 
719 
assume the powers, duties and functions of the office, other than the City Vice Mayor, or the 
720 
highest-ranking Member of the Sangguniang Panlungsod, as the case may be. 
721 
 
722 
Article VII 
723 
City Departments and Offices in General 
724 
Section 24. City Departments and Offices. There shall be established in the city government of the 
725 
City of Malay the following offices for its elective officials: 
726 
(a) The Office of the City Mayor; 
727 
(b) The Office of the City Vice Mayor; and 
728 
(c) The individual offices of the Members of the Sangguniang Panlungsod. 
729 
The City shall likewise establish the following mandatory departments and offices: 
730 
1. Office of the Secretary to the Sangguniang Panlungsod 
731 
2. Office of the City Administrator 
732 
3. Office of the City Treasurer 
733 
4. Office of the City Assessor 
734 
5. Office of the City Accountant 
735 
6. Office of the City Budget Officer 
736 
7. Office of the City Planning and Development Coordinator 
737 
8. Office of the City Engineer 
738 
9. Office of the City Health Officer 
739 
10. Office of the City Civil Registrar 
740 
11. Office of the City Legal Officer 
741 
12. Office of the City Veterinarian 
742 
13. Office of the City Social Welfare and Development Officer 
743 
14. Office of the City General Services Officer 
744 
15. Office of the City Agricultural and Biosystems Engineer 
745 
May include other offices such as: 
746 
1. Office of the City Architect 
747 
2. Office of Public Information 
748 
3. Office of the City Agriculturist 
749 
4. Office of the City Population Officer 
750 
5. Office of the City Environment and Natural Resources Officer 
751 
6. Office of the City Cooperatives Officer 
752 
7. Office of the City Human Resource Management Officer 
753 
8. Office of the City Public Employment and Services Officer 
754 
9. Office of the City Procurement Officer 
755 
10. Office of the City College Administrator 
756 
11. Office of the City Zoning Administrator 
757 
12. Office of the City Business Processing and Licensing Officer 
758 
13. Office of the City Economic Enterprise and Development Officer 
759 
14. Office of the City Chief Transportation Regulation Officer 
760 
15. Office of the City Disaster Risks Reduction Management Officer 
761 
16. Office of the City Tourism Officer 
762 
17. Office of the City Building Official 
763 
18. Office of the City Internal Auditor 
764 
19. City Sports Development and Games Office 
765 


 
20. Office of the City Public Order and Safety Officer 
766 
21. Office of the City Trade and Industry Officer 
767 
22. Office of the City Economic Investment and Promotion Officer 
768 
23. Office of the City Housing and Community Development and Resettlement Officer 
769 
24. Office of the City Barangay and Community Relations Officer  
770 
25. Office of the City Research and Development Officer 
771 
26. City Public Affairs and Information Services 
772 
27. Office of the City Youth Development Officer 
773 
28. City Information Technology Development Office 
774 
29.  Office of the City Person with Disability Affairs Officer  
775 
30. Office of the Senior Citizen’s Affair Officer 
776 
 
777 
Article VIII 
778 
The Appointive Officials of the City: Their Qualifications, Powers and Duties 
779 
Section 25. The City Administrator. The City Administrator must be a citizen of the Philippines, a 
780 
resident of the City of Malay, of good moral character, a holder of a college degree preferably in Public 
781 
Administration, Law, or any other related course from a recognized college or university, and a first-
782 
grade civil service eligible or its equivalent. He must have acquired experience in management and 
783 
administration work for at least five (5) years immediately preceding the date of his appointment. 
784 
The term of the City Administrator is coterminous with that of the appointing authority. 
785 
The City Administrator shall take charge of the Office of the City Administrator, and shall: 
786 
1. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
787 
the same, particularly those which have to do with the management of administration-
788 
related programs and projects which the City Mayor is empowered to implement and 
789 
which the Sangguniang Panlungsod is empowered to provide; 
790 
2. Be in the frontline of the delivery of administrative support services, particularly those 
791 
related to the situations during and in the aftermath of man-made and natural disasters 
792 
and calamities; 
793 
3. Recommend to the Sangguniang Panlungsod and advise the City Mayor on all matters 
794 
relative to the management and administration of the city; and 
795 
4. Perform such other duties and functions and exercise such other powers as provided for 
796 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
797 
and those that are prescribed by law or ordinance. 
798 
Section 26. The Secretary of the Sangguniang Panlungsod. There shall be a Secretary to the 
799 
Sangguniang Panlungsod who shall be a career official with the rank and salary equal to a head of 
800 
department or office and who shall be appointed by the City Vice Mayor. 
801 
No person shall be appointed Secretary to the Sangguniang Panlungsod unless he is a citizen of the 
802 
Philippines, a resident of the City of Malay, of good moral character, a holder of a college degree 
803 
preferably in Law, Commerce or Public Administration from a recognized college or university, and a 
804 
first-grade civil service eligible or its equivalent. 
805 
The nature of the position of Secretary to the Sangguniang Panlungsod shall be permanent subject to 
806 
the rules and regulations of the Civil Service Commission. 
807 
The Secretary to the Sangguniang Panlungsod shall take charge of the office of the Secretary to the 
808 
Sangguniang Panlungsod and shall: 
809 
1. Attend meetings of the Sangguniang Panlungsod and keep a journal of its proceedings; 
810 


 
 
811 
 
812 
2. 
Keep the seal of the city and affix the same with his signature to all ordinances, resolutions, 
813 
and other official acts of the Sangguniang Panlungsod and present the same to the Presiding Officer 
814 
for his signature; 
815 
 
816 
 
817 
3. 
Forward to the City Mayor, for approval, copies of ordinances enacted by the Sangguniang 
818 
Panlungsod duly certified by the Presiding Officer; 
819 
 
820 
 
821 
4. 
Furnish, upon request of any interested party, certified copies of records of public character in 
822 
his custody, upon payment to the city treasurer of such fees as may be prescribed by ordinance; 
823 
 
824 
 
825 
5. 
Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by 
826 
the Sangguniang Panlungsod, with the dates of passage and publication thereof; 
827 
 
828 
 
829 
6. 
Keep his office and all non-confidential records therein open to the public during the usual 
830 
business hours; 
831 
 
832 
 
833 
7. 
Translate into the dialect used by the majority of the inhabitants all ordinances and 
834 
resolutions immediately after their approval and cause the publication of the same together with the 
835 
original version in the manner provided under the Local Government Code; 
836 
 
837 
 
838 
8. 
Take custody of the local archives and, where applicable, the local library and annually 
839 
account for the same; and 
840 
 
841 
 
842 
9. 
Perform such other duties and functions and exercise such other powers as provided for 
843 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that 
844 
are prescribed by law or ordinance. 
845 
 
846 
Section 27. The City Treasurer. The City Treasurer shall be appointed by the Secretary of Finance from 
847 
a list of at least three (3) ranking eligible recommended by the City Mayor, subject to Civil Service Law, 
848 
rules and regulations. 
849 
The City Treasurer shall be under the administrative supervision of the City Mayor, to whom he shall 
850 
report regularly on the tax collection efforts of the city. 
851 
No person shall be appointed Treasurer unless he is a citizen of the Philippines, a resident of the City 
852 
of Malay, of good moral character, a holder of a college degree preferably in Commerce, Public 
853 
Administration or Law from a recognized college or university, and a first-grade civil service eligible 
854 
or its equivalent. He must have acquired experience in treasury or accounting service for at least five 
855 
(5) years. 
856 
The City Treasurer shall receive such compensation, emoluments and allowances as may be determined 
857 
by law. 
858 
The City Treasurer shall take charge of the City Treasurer’s Office, and shall: 
859 


 
1. Advise the City Mayor, the Sangguniang Panlungsod, and other local government and 
860 
national officials concerned regarding the disposition of local government funds and on 
861 
such other matters relative to public finance; 
862 
2. Take custody and exercise proper management of the funds of the city; 
863 
3. Take charge of the disbursement of all funds of the city and such other funds the custody 
864 
of which may be entrusted to him by law or other competent authority; 
865 
4. Inspect private commercial and industrial establishments within the jurisdiction of the city 
866 
in relation to the implementation of tax ordinance pursuant to the provisions of the Local 
867 
Government Code; 
868 
5. Maintain and update the tax information system of the city; and 
869 
6. Perform such other duties and functions and exercise such other powers as provided for 
870 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
871 
and those that are prescribed by law or ordinance. 
872 
The Assistant City Treasurer.  The Assistant City Treasurer may be appointed by the Secretary of 
873 
Finance from a list of at least three (3) ranking eligible recommended by the City Mayor, subject to Civil 
874 
Service Law, rules and regulations. 
875 
No person shall be appointed Assistant City Treasurer unless he is a citizen of the Philippines, a resident 
876 
of the City of Malay, of good moral character, a holder of a college degree preferably in Commerce, 
877 
Public Administration or Law from a recognized college or university, and a first-grade civil service 
878 
eligible or its equivalent. He must have acquired at least five (5) years’ experience in Treasury or 
879 
Accounting. 
880 
The Assistant City Treasurer shall receive such compensation, emoluments and allowances as may be 
881 
determined by law. 
882 
The Assistant City Treasurer shall assist the City Treasurer and perform such other duties as the latter 
883 
may assign him. He shall have authority to administer oaths concerning notices and notifications to 
884 
those delinquents in the payment of the real property tax and concerning official matters relating to the 
885 
accounts of the City Treasurer or otherwise arising from the offices of the City Treasurer and the City 
886 
Assessor. 
887 
Section 28. The City Assessor.  The City Assessor must be a citizen of the Philippines, a resident of the 
888 
City of Malay, of good moral character, a holder of a college degree preferably in Civil or Mechanical 
889 
Engineering, Commerce or any other related course from a recognized college or university, and real 
890 
estate service passer. He must have acquired experience in real property assessment work or in any 
891 
related field for at least five (5) years immediately preceding the day of his appointment. 
892 
The City Assessor shall receive such compensation, emoluments and allowances as may be determined 
893 
by law. 
894 
The City Assessor shall take charge of the City Assessor’s Department, and shall: 
895 
1. Ensure that all laws and policies governing the appraisal and assessment of real properties 
896 
for taxation purposes are properly executed; 
897 
2. Initiate, review and recommend changes in policies and objectives, plans and programs, 
898 
techniques, procedures and practices in the valuation and assessment of real properties for 
899 
taxation purposes; 
900 
3. Establish a systematic method of real property assessment; 
901 
4. Install and maintain a real property identification and accounting system; 
902 
5. Prepare, install and maintain a system of tax mapping, showing graphically all properties 
903 
subject to assessment and gather all data concerning the same; 
904 


 
6. Conduct frequent physical surveys to verify and determine whether all real properties 
905 
within the city are properly listed in the assessment rolls; 
906 
7. Exercise the functions of appraisal and assessment primarily for taxation purposes of all 
907 
real properties in the City; 
908 
8. Prepare a schedule of the fair market value of the different classes of real properties in 
909 
accordance with the provisions of the Local Government Code; 
910 
9. Issue, upon request of any interested party, certified copies of assessment records of real 
911 
property and all other records relative to its assessment, upon payment of a service charge 
912 
or fee to the City Treasurer; 
913 
10. Submit every semester a report of all assessments, as well as cancellations and 
914 
modifications of assessments to the City Mayor and the Sangguniang Panlungsod; and 
915 
11. Perform such other duties and functions and exercise such other powers as provided for 
916 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
917 
and those that are prescribed by law or ordinance. 
918 
The Assistant City Assessor. The Assistant City Assessor must be a citizen of the Philippines, a resident 
919 
of the City of Malay, of good moral character, a holder of a college degree preferably in Civil or 
920 
Mechanical Engineering, Commerce or any related course from a recognized college or university, and 
921 
a and real estate service passer. He must have acquired experience in assessment work or in any related 
922 
field for at least three (3) years immediately preceding the date of his appointment. 
923 
The Assistant City Assessor shall receive such compensation, emoluments and allowances as may be 
924 
determined by law. 
925 
The Assistant City Assessor shall assist the City Assessor and perform such other duties as the latter 
926 
may assign to him. He shall have the authority to administer oaths on all declarations of real property 
927 
for purposes of assessment. 
928 
Section 29. The City Accountant.  The City Accountant must be a citizen of the Philippines, a resident 
929 
of the City of Malay, of good moral character, and a Certified Public Accountant. He must have 
930 
acquired experience in the Treasury or Accounting service for at least five (5) years immediately 
931 
preceding the date of his appointment. 
932 
The City Accountant shall receive such compensation, emoluments and allowances as may be 
933 
determined by law. 
934 
The City Accountant shall take charge of the accounting services of the city and shall: 
935 
1. Install and maintain an internal audit system in the city; 
936 
2. Prepare and submit financial statements to the City Mayor and to the Sangguniang 
937 
Panlungsod; 
938 
3. Apprise the Sangguniang Panlungsod and other officials on the financial condition and 
939 
operations of the City; 
940 
4. Certify to the availability of budgetary allotment of which expenditures and obligations 
941 
may be properly charged; 
942 
5. Review supporting documents before preparation of vouchers to determine completeness 
943 
of requirements; 
944 
6. Prepare statements of cash advances, liquidation, salaries, allowances, reimbursements 
945 
and remittances pertaining to the city; 
946 
7. Post individual disbursement to the subsidiary ledger and index cards; 
947 
8. Maintain individual ledgers for officials and employees of the city pertaining to payrolls 
948 
and deductions; 
949 
9. Record and post in index cards details of purchased furniture, fixtures and equipment, 
950 
including disposal thereof, if any; 
951 


 
10. Account for all issued requests for obligations and maintain and keep all records and 
952 
reports related thereto; 
953 
11. Prepare journals and the analysis of obligations and maintain and keep all records and 
954 
reports related thereto; and 
955 
12. Perform such other duties and functions and exercise such other powers as provided for 
956 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
957 
and those that are prescribed by law or ordinance. 
958 
Section 30. The City Budget Officer.  The City Budget Officer must be a citizen of the Philippines, a 
959 
resident of the City of Malay, of good moral character, a holder of a college degree preferably in 
960 
Accounting, Economics, Public Administration or any related course from a recognized college or 
961 
university, and a first-grade civil service eligible or its equivalent. He must have acquired experience 
962 
in government budgeting or in any related field for at least five (5) years immediately preceding the 
963 
date of his appointment. 
964 
The City Budget Officer shall take charge of the City Budget Department, and shall: 
965 
1. Prepare forms, orders and circulars embodying instructions on budgetary and 
966 
appropriation matters for the signature of the City Mayor; 
967 
2. Review and consolidate the budget proposals of different departments and offices of the 
968 
city; 
969 
3. Assist the City Mayor in the preparation of the budget and during budget hearings; 
970 
4. Study and evaluate budgetary implications of proposed legislation and submit comments 
971 
and recommendations thereon; 
972 
5. Submit periodic budgetary reports to the Department of Budget and Management; 
973 
6. Coordinate with the City Treasurer, the City Accountant and the City Planning and 
974 
Development Officer for the purpose of budgeting; 
975 
7. Assist the Sangguniang Panlungsod in reviewing the approved budgets of the component 
976 
city; 
977 
8. Coordinate with the City Planning and Development Officer in the formulation of the 
978 
development plan of the city; and 
979 
9. Perform such other duties and functions and exercise such other powers as provided for 
980 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
981 
and those that are prescribed by law or ordinance. 
982 
Section 31. The City Planning and Development Coordinator.  The City Planning and Development 
983 
Coordinator must be a citizen of the Philippines, a resident of the City of Malay, of good moral 
984 
character, a holder of a college degree preferably in Urban Planning, Development Studies, Economics, 
985 
Public Administration or any related course from a recognized college or university, and a licensed 
986 
Environmental Planner. He must have acquired experience in development planning or in any related 
987 
field for at least five (5) years immediately preceding the date of his appointment. 
988 
The City Planning and Development Coordinator shall receive such compensation, emoluments and 
989 
allowances as may be determined by law. 
990 
The City Planning and Development Coordinator shall take charge of the City Planning and 
991 
Development Department, and shall: 
992 
1. Formulate integrated economic, social, physical and other development plans and policies 
993 
for consideration of the city; 
994 
2. Conduct continuing studies, research and training programs necessary to evolve plans and 
995 
programs for implementation; 
996 
3. Integrate and coordinate all sectoral plans and studies undertaken by the different 
997 
functional groups or agencies; 
998 


 
4. Monitor and evaluate the implementation of the different development programs, projects 
999 
and activities in the city in accordance with the approved development plan; 
1000 
5. Prepare comprehensive plans and other development planning documents for the 
1001 
consideration of the local development council; 
1002 
6. Analyze the income and expenditure patterns, and formulate and recommend fiscal plans 
1003 
and policies for consideration of the Finance Committee of the Sangguniang Panlungsod; 
1004 
7. Promote people’s participation in development planning within the city; and 
1005 
8. Perform such other duties and functions and exercise such other powers as provided for 
1006 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1007 
and those that are prescribed by law or ordinance. 
1008 
Section 32. The City Engineer.  The City Engineer must be a citizen of the Philippines, a resident of the 
1009 
City of Malay, of good moral character, and a licensed Civil Engineer. He must have acquired 
1010 
experience in the practice of his profession for at least five (5) years immediately preceding the date of 
1011 
his appointment. 
1012 
The City Engineer shall receive such compensation, emoluments and allowances as may be determined 
1013 
by law. 
1014 
The City Engineer shall take charge of the City Engineering and Public Works Department, and shall: 
1015 
1. Initiate, review and recommend changes in policies and objectives, plans and programs, 
1016 
techniques, procedures and practices in infrastructure development and public works in 
1017 
general of the city; 
1018 
2. Advise the City Mayor on infrastructure, public works and other engineering matters; 
1019 
3. Administer, coordinate, supervise and control the construction, 
maintenance, 
1020 
improvement and repair of roads, bridges and other engineering and public works projects 
1021 
of the city; 
1022 
4. Provide engineering services to the city, including investigation and survey, engineering 
1023 
designs, feasibility studies and project management; and 
1024 
5. Perform such other duties and functions and exercise such other powers as provided for 
1025 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1026 
and those that are prescribed by law or ordinance. 
1027 
Section 33. The City Health Officer.  The City Health Officer must be a citizen of the Philippines, a 
1028 
resident of the City of Malay, of good moral character, and a licensed medical practitioner. He must 
1029 
have acquired experience in the practice of his profession for at least five (5) years immediately 
1030 
preceding the date of his appointment. 
1031 
The City Health Officer shall receive such compensation, emoluments and allowances as may be 
1032 
determined by law. 
1033 
The City Health Officer shall take charge of the City Health and Sanitation Department, and shall: 
1034 
1. Supervise the personnel and staff of said office, formulate program implementation 
1035 
guidelines and rules and regulations for the operation of the said office for the approval of 
1036 
the City Mayor in order to assist him in the efficient, effective and economical 
1037 
implementation of a health services program geared to implementation of health-related 
1038 
projects and activities; 
1039 
2. Formulate measures for the consideration of the Sangguniang Panlungsod and provide 
1040 
technical assistance and support to the City Mayor in carrying out activities to ensure the 
1041 
delivery of basic services and provision of adequate facilities related to health services; 
1042 
3. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1043 
the same, particularly those which have to do with health programs and projects which the 
1044 


 
City Mayor is empowered to implement and which the Sangguniang Panlungsod is 
1045 
empowered to provide; 
1046 
4. Be in the frontline of the delivery of health services, particularly during and in the 
1047 
aftermath of man-made and natural disasters and calamities; and 
1048 
5. Perform such other duties and functions and exercise such other powers as provided for 
1049 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1050 
and those that are prescribed by law or ordinance. 
1051 
Section 34. The City Civil Registrar. The City Civil Registrar must be a citizen of the Philippines, a 
1052 
resident of the City of Malay, of good moral character, a holder of a college degree from a recognized 
1053 
college or university, and a first-grade civil service eligible or its equivalent. He must have acquired 
1054 
experience in civil registry work for at least five (5) years immediately preceding the date of his 
1055 
appointment. 
1056 
The City Civil Registrar shall receive such compensation, emoluments and allowances as may be 
1057 
determined by law. 
1058 
The City Civil Registrar shall be responsible for the civil registration program in the City of Malay, 
1059 
pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations 
1060 
issued to implement them. 
1061 
The City Civil Registrar shall take charge of the City Civil Registry Department, and shall: 
1062 
1. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1063 
the same, particularly those which have to do with civil registry programs and projects 
1064 
which the City Mayor is empowered to implement and which the Sangguniang 
1065 
Panlungsod is empowered to provide; and 
1066 
2. Perform such other duties and functions and exercise such other powers as provided for 
1067 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1068 
and those that are prescribed by law or ordinance. 
1069 
Section 35. The City Legal Officer. The City Legal Officer must be a citizen of the Philippines, a 
1070 
resident of the City of Malay, of good moral character, and a member of the Philippine Bar. He must 
1071 
have practiced his profession for at least five (5) years immediately preceding the date of his 
1072 
appointment. 
1073 
The City Legal Officer shall receive such compensation, emoluments and allowances as may be 
1074 
determined by law. 
1075 
The term of the City Legal Officer shall be coterminous with that of the appointing authority. 
1076 
The City Legal Officer, as chief legal counsel of the City, shall take charge of the Legal Department, and 
1077 
shall: 
1078 
1. Formulate measures for the consideration of the Sangguniang Panlungsod and provide 
1079 
legal assistance and support to the city mayor in carrying out the delivery of basic services 
1080 
and provision of adequate facilities relative to legal services; 
1081 
2. Develop plans and strategies and, upon approval thereof by the city mayor, implement the 
1082 
same, particularly those which have to do with programs and projects related to legal 
1083 
services which the city mayor is empowered to implement and which the Sangguniang 
1084 
Panlungsod is empowered to provide; 
1085 
3. Recommend measures to the Sangguniang Panlungsod and advise the City Mayor on all 
1086 
matters related to upholding the rule of law; 
1087 


 
4. Be in the frontline of protecting human rights and prosecuting any violation thereof, 
1088 
particularly those which occur during and in the aftermath of man-made or natural 
1089 
disasters and calamities; and 
1090 
5. Perform such other duties and functions and exercise such other powers as provided for 
1091 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1092 
and those that are prescribed by law or ordinance. 
1093 
Section 36. The City Veterinarian. The City Veterinarian must be a citizen of the Philippines, a resident 
1094 
of the City of Malay, of good moral character, and a licensed Doctor of Veterinary Medicine. He must 
1095 
have practiced his profession for at least three (3) years immediately preceding the date of his 
1096 
appointment. 
1097 
The City Veterinarian shall receive such compensation, emoluments and allowances as may be 
1098 
determined by law. 
1099 
The City Veterinarian shall take charge of the veterinary services department, and shall: 
1100 
1. Formulate measures for the consideration of the Sangguniang Panlungsod and provide 
1101 
technical assistance and support to the City Mayor in carrying out measures to ensure the 
1102 
delivery of basic services and provision of adequate facilities relative to veterinary services; 
1103 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1104 
the same, particularly those which have to do with veterinary-related activities which the 
1105 
City Mayor is empowered to implement and which the Sangguniang Panlungsod is 
1106 
empowered to provide; 
1107 
3. Be in the frontline of veterinary-related activities, such as in the outbreak of highly 
1108 
contagious and deadly diseases, and in situations resulting in the depletion of animals for 
1109 
work and human consumption, particularly those arising from and in the aftermath of 
1110 
man-made and natural disasters and calamities; 
1111 
4. Recommend to the Sangguniang Panlungsod and advise the City Mayor on all other 
1112 
matters relative to veterinary services which will increase the number and improve the 
1113 
quality of livestock, poultry and other domestic animals used for work or human 
1114 
consumption; and 
1115 
5. Perform such other duties and functions and exercise such other powers as provided for 
1116 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1117 
and those that are prescribed by law or ordinance. 
1118 
Section 37. The City Social Welfare and Development Officer.  The City Social Welfare and 
1119 
Development Officer must be a citizen of the Philippines, a resident of the City of Malay, of good moral 
1120 
character, a duly licensed Social Worker or a holder of a college degree preferably in Sociology or any 
1121 
other related course from a recognized college or university, and a first grade civil service eligible or its 
1122 
equivalent. He must have acquired experience in the practice of social work for at least five (5) years 
1123 
immediately preceding the date of his appointment. 
1124 
The City Social Welfare and Development Officer shall receive such compensation emoluments and 
1125 
allowances as may be determined by law. 
1126 
The City Social Welfare and Development Officer shall take charge of the Social Welfare and 
1127 
Development Department, and shall: 
1128 
1. Formulate measures for the approval of the Sangguniang Panlungsod and provide 
1129 
technical assistance and support to the City Mayor in carrying out measures to ensure the 
1130 
delivery of basic services and provision of adequate facilities relative to social welfare and 
1131 
development services; 
1132 


 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1133 
the same, particularly those which have to do with social welfare programs and projects 
1134 
which the City Mayor is empowered to implement and which the Sangguniang 
1135 
Panlungsod is empowered to provide; 
1136 
3. Be in the frontline of service delivery, particularly those which have to do with social 
1137 
welfare programs and projects which the city mayor is empowered to implement and 
1138 
which the Sangguniang Panlungsod is empowered to provide; 
1139 
4. Recommend to the Sangguniang Panlungsod and advise the City Mayor on all other 
1140 
matters related to social welfare and development services which will improve the 
1141 
livelihood and living conditions of the inhabitants; and 
1142 
5. Perform such other duties and functions and exercise such other powers as provided for 
1143 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1144 
and those that are prescribed by law or ordinance. 
1145 
Section 38. The City General Services Officer.  The City General Services Officer must be a citizen of 
1146 
the Philippines, a resident of the City of Malay, of good moral character, a holder of a college degree in 
1147 
Public Administration, Business Administration or Management from a recognized college or 
1148 
university, and a first-grade civil service eligible or its equivalent. He must have acquired experience 
1149 
in general services, including management of supply, property, solid waste disposal, and general 
1150 
sanitation for at least five (5) years immediately preceding the date of his appointment. 
1151 
The City General Services Officer shall receive such compensation, emoluments and allowances as may 
1152 
be determined by law. 
1153 
The City General Services Officer shall take charge of the General Services Department, and shall: 
1154 
1. Formulate measures for the consideration of the Sangguniang Panlungsod and provide 
1155 
technical assistance and support to the City Mayor in carrying out measures to ensure the 
1156 
delivery of public services and provision of adequate facilities which require general 
1157 
services expertise and technical support services; 
1158 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1159 
the same, particularly those which have to do with general services supportive of the 
1160 
welfare of the inhabitants of the City which the City Mayor is empowered to implement 
1161 
and which the Sangguniang Panlungsod is empowered to provide; 
1162 
3.  Take custody of and be accountable for all properties real or personal, owned by the city, 
1163 
and those granted to it in the form of donation, reparation, assistance and counterpart of 
1164 
joint projects; 
1165 
4. Be in the frontline of general services-related activities, such as the possible or imminent 
1166 
destruction or damage to records, supplies, properties and structural materials or debris, 
1167 
particularly during and in the aftermath of man-made and natural disasters and calamities; 
1168 
5. Recommend to the Sangguniang Panlungsod and advise the City Mayor on all other 
1169 
matters relative to general services; and 
1170 
6. Perform such other duties and functions and exercise such other powers as provided for 
1171 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1172 
and those that are prescribed by law or ordinance. 
1173 
 
1174 
Section 39. The City Agricultural and Biosystems Engineer. The City Agricultural and Biosystems 
1175 
Engineer must be a citizen of the Philippines, a resident of the City of Malay, of good moral character, 
1176 
a holder of a college degree in Agricultural and Biosystems Engineering from a recognized college or 
1177 
university, and a licensed Agricultural and Biosystems Engineer. He must have acquired experience in 
1178 
agricultural and biosystems engineering services for at least five (5) years immediately preceding the 
1179 
date of his appointment. 
1180 


 
The City Agricultural and Biosystems Engineer shall take charge of the City Office of the Agricultural 
1181 
and Biosystems Engineer, and shall: 
1182 
1. Preparation of engineering designs, plans, specifications, project studies, feasibility studies 
1183 
and estimates of irrigation and drainage, soil and water conservation and management systems 
1184 
and facilities, agrometeorological systems, agricultural and biosystems power, and machinery, 
1185 
agricultural and biosystems buildings and structures, renewable/bio-energy systems and farm 
1186 
electrification, agricultural and bio-processing and post-harvest facilities and system, 
1187 
agricultural and biological waste utilization and management, agricultural and bio-
1188 
information system, agricultural and biosystems resource conservation and management, and 
1189 
agricultural and bio-automation and instrumentation system; 
1190 
2. Supervision or management on the construction, operation, and maintenance of irrigation 
1191 
and drainage, soil and water conservation and management systems and facilities, 
1192 
agrometeorological systems, agricultural and biosystems power and machinery, agricultural 
1193 
and biosystems buildings and structures, renewable/bio-energy systems and farm 
1194 
electrification, agricultural and bio-processing and post-harvest facilities and system, 
1195 
agricultural and biological waste utilization and management, agricultural and bio-
1196 
information system, agricultural and biosystems resource conservation and management, and 
1197 
agricultural and bio-automation and instrumentation system; 
1198 
3. Valuation, appraisal, investigation, inspection, monitoring, and technical audit on 
1199 
agricultural and biosystems machineries and equipment, structures and facilities, and 
1200 
agricultural and biosystems engineering projects; 
1201 
4. Program/Project development and management, planning, evaluation, and consultancy 
1202 
services on agricultural and biosystems engineering undertakings; 
1203 
5. Conduct of research and development, training and extension on agricultural and 
1204 
biosystems engineering; 
1205 
6. Testing, evaluation, and inspection of agricultural and biosystems machinery, and other 
1206 
related agricultural and biosystems engineering facilities, equipment and projects; 
1207 
7.  Manufacture, distribution, installation, and sale of agricultural and biosystems machinery 
1208 
and other related agricultural and biosystems engineering facilities and equipment; 
1209 
8.  Teaching and/or conduct of lecture of agricultural and biosystems engineering subjects in 
1210 
institutions of learning in the Philippines; 
1211 
9.  Preparation and evaluation of farm development plans, farm suitability maps and land use 
1212 
maps/reports for agricultural, livestock and poultry, fishery, aquaculture and forest production 
1213 
and processing; 
1214 
10. Training and supervision of agri-fishery machinery technicians and operators of agri-
1215 
fishery machinery service centers/pools, and agricultural and biosystems engineering 
1216 
technicians and operators in agricultural and biosystems plants, establishments, facilities, and 
1217 
projects; 
1218 
11.  Participation in the preparation of environmental studies for agricultural, fisheries, agro-
1219 
industrial and biosystems projects and its monitoring under the Environmental Impact 
1220 
Assessment (EIA) system. 
1221 
12.  Perform such other duties and functions and exercise such other powers as provided for 
1222 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and 
1223 
those that are prescribed by law or ordinance. 
1224 


 
Section 40. The City Architect.  The City Architect must be a citizen of the Philippines, a resident of 
1225 
the City of Malay, of good moral character, and a duly licensed Architect. He must have practiced his 
1226 
profession for at least five (5) years immediately preceding the date of his appointment. 
1227 
The City Architect shall receive such compensation, emoluments and allowances as may be determined 
1228 
by law. 
1229 
The City Architect shall take charge of the City Architect’s Office, and shall: 
1230 
1. Formulate measures for the consideration of the Sangguniang Panlungsod and provide 
1231 
technical assistance and support to the City Mayor in carrying out measures to ensure the 
1232 
delivery of basic services and provision of adequate facilities relative to architectural 
1233 
planning and design 
1234 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1235 
the same, particularly those which have to do with architectural planning and design 
1236 
programs and projects which the City Mayor is empowered to implement and which the 
1237 
Sangguniang Panlungsod is empowered to provide; and 
1238 
3. Perform such other duties and functions and exercise such other powers as provided for 
1239 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1240 
and those that are prescribed by law or ordinance. 
1241 
 
1242 
Section 41. The City Information Officer.  The City Information Officer must be a citizen of the 
1243 
Philippines, a resident of the City of Malay, of good moral character, a holder of a college degree, 
1244 
preferably in journalism, mass communication or any related course from a recognized college or 
1245 
university, and a holder of a first-grade civil eligibility or its equivalent. He must have experience in 
1246 
writing articles and research papers, or in writing for print, television or broadcast media of at least 3 
1247 
years. 
1248 
The City Information Officer shall take charge of the Office on Public Information, and shall: 
1249 
1. Formulate measures for the consideration of the sanggunian and provide technical 
1250 
assistance and support to the mayor, as the case may be, in providing information and 
1251 
research data required for the delivery of basic services and provision of adequate facilities 
1252 
so that the public becomes aware of the said services and may fully avail of the same; 
1253 
2. Develop plans and strategies on programs and projects related to public information and, 
1254 
implement them upon approval thereof by the mayor; 
1255 
3. Provide relevant, adequate, and timely information to the LGU and its residents; 
1256 
4. Furnish information and data on LGUs to NGAs, as may be required by law or ordinance, 
1257 
including those on NGOs; 
1258 
5. Maintain effective liaison with various sectors of the community on matters and issues that 
1259 
affect the livelihood and the quality of life of the inhabitants and encourage support for 
1260 
programs of the local and national government; 
1261 
6. Be in the frontline in providing information during and in the aftermath of manmade and 
1262 
natural calamities and disasters, with special attention to the victims thereof, to help 
1263 
minimize injuries and casualties during and after the emergency, and to accelerate relief 
1264 
and rehabilitation; 
1265 
7. Recommend to the Sanggunian and advise the mayor, as the case may be, on all the matters 
1266 
relative to public information and research data as it relates to the total socio-economic 
1267 
development of the LGU; and 
1268 
8. Exercise such powers and perform such other duties and functions as may be prescribed 
1269 
by law or ordinances 
1270 
Section 42. The City Agriculturist.  The City Agriculturist must be a citizen of the Philippines, a 
1271 
resident of the City of Malay, of good moral character, a holder of a college degree in Agriculture or 
1272 


 
any related course from a recognized college or university, and a licensed agriculturist. He must have 
1273 
practiced his profession in agriculture or acquired experience in a related field for at least five (5) years 
1274 
immediately preceding the date of his appointment. 
1275 
The City Agriculturist shall receive such compensation, emoluments and allowances as may be 
1276 
determined by law. 
1277 
The City Agriculturist shall take charge of the agricultural services department, and shall: 
1278 
1. Formulate measures for the approval of the Sangguniang Panlungsod and provide 
1279 
technical assistance and support to the city mayor in carrying out said measures to ensure 
1280 
the delivery of basic services and provision of adequate facilities relative to agricultural 
1281 
services. 
1282 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1283 
the same, particularly those which have to do with agricultural programs and projects 
1284 
which the City Mayor is empowered to implement and which the Sangguniang 
1285 
Panlungsod is empowered to provide; 
1286 
3. Ensure that maximum assistance and access to resources in the production, processing and 
1287 
marketing of agricultural and aquacultural and marine products are extended to farmers, 
1288 
fishermen and local entrepreneurs; 
1289 
4. Be in the frontline of the delivery of basic agricultural services, particularly those needed 
1290 
for the survival of the inhabitants during and in the aftermath of man-made and natural 
1291 
disasters and calamities; 
1292 
5. Recommend to the Sangguniang Panlungsod and advise the city mayor on all other matters 
1293 
related to agriculture and aquaculture which will improve the livelihood and living 
1294 
conditions of the inhabitants; and 
1295 
6. Perform such other duties and functions and exercise such other powers as provided for 
1296 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1297 
and those that are prescribed by law or ordinance. 
1298 
Section 43. The City Population Officer. The City Population Officer must be a citizen of the 
1299 
Philippines, a resident of the City of Malay, of good moral character, a holder of a college degree 
1300 
preferably with specialized training in population development from a recognized college or 
1301 
university, and a first-grade civil service eligible or its equivalent. He must have experience in the 
1302 
implementation of programs on population development or responsible parenthood for at least five (5) 
1303 
years immediately preceding the date of his appointment. 
1304 
 
1305 
The City Population Officer shall receive such compensation, emoluments and allowances as may be 
1306 
determined by law or ordinance. The City Population Officer shall take charge of the Population 
1307 
Department, and shall: 
1308 
1. Formulate measures for the consideration of the Sangguniang Panlungsod and provide 
1309 
technical assistance and support to the City Mayor in carrying out measures to ensure the 
1310 
delivery of basic services and provision of adequate facilities relative to the integration of 
1311 
population development principles and in providing access to said services and facilities; 
1312 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1313 
the same, particularly those which have to do with the integration of population 
1314 
development principles and methods in programs and projects which the City Mayor is 
1315 
empowered to implement and which the Sangguniang Panlungsod is empowered to 
1316 
provide; and 
1317 
3. Perform such other duties and functions and exercise such other powers as provided for 
1318 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1319 
and those that are prescribed by law or ordinance. 
1320 


 
 
1321 
Section 44. The City Environment and Natural Resources Officer.  The City Environment and Natural 
1322 
Resources Officer must be a citizen of the Philippines, a resident of the City of Malay, of good moral 
1323 
character, a holder of a college degree preferably in Environment, Forestry, Agriculture or any other 
1324 
related course from a recognized college or university, and a first-grade civil service eligible or its 
1325 
equivalent. He must have acquired experience in environment and natural resources management, 
1326 
conservation, and utilization work for at least five (5) years immediately preceding the date of his 
1327 
appointment. 
1328 
The City Environment and Natural Resources Officer shall receive such compensation, emoluments 
1329 
and allowances as may be determined by law. 
1330 
The City Environment and Natural Resources Officer shall take charge of the Environmental Services 
1331 
Department, and shall: 
1332 
1. Formulate measures for the consideration of the Sangguniang Panlungsod and provide 
1333 
assistance and support to the City Mayor in carrying out measures to ensure the delivery 
1334 
of basic services and provision of adequate facilities relative to environment and natural 
1335 
resources services; 
1336 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1337 
the same, particularly those which have to do with environment and natural resources 
1338 
programs and projects which the City Mayor is empowered to implement and which the 
1339 
Sangguniang Panlungsod is empowered to provide; 
1340 
3. Be in the frontline of the delivery of services concerning the environment and natural 
1341 
resources, particularly in the renewal and rehabilitation of the environment during and in 
1342 
the aftermath of man-made and natural disasters and calamities; 
1343 
4. Enforce all laws, regulations and policies pertinent to environmental management and 
1344 
pollution control; 
1345 
5. Design and maintain an waste collection and disposal system conforming to the 
1346 
requirements of RA 7160, 8749 and 9003; 
1347 
6. Implement a civic consciousness program in support of its environmental and waste 
1348 
management programs. 
1349 
7. Establish operational linkages with other local and national agencies concerned with 
1350 
environmental protection and waste management. 
1351 
8. Recommend to the Sangguniang Panlungsod and advise the City Mayor on all matters 
1352 
relative to the protection, conservation, and maximum utilization, application of 
1353 
appropriate technology and other matters related to the environment and natural resources 
1354 
9. Establishment of new regular reforestation projects, except those areas located in protected 
1355 
areas and critical watershed 
1356 
10. Prevention of forest fire, illegal cutting and kaingin 
1357 
11. Apprehension of violators of forest laws, rules and regulation; and 
1358 
12. Perform such other duties and functions and exercise such other powers as provided for 
1359 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1360 
and those that are prescribed by law or ordinance 
1361 
Section 45. The City Cooperatives Officer. The City Cooperatives Officer must be a citizen of the 
1362 
Philippines, a resident of the City of Malay, of good moral character, a holder of a college degree 
1363 
preferably in Business Administration with special training on cooperatives or any related course from 
1364 
a recognized college or university, and a first-grade civil service eligible or its equivalent. He must have 
1365 
experience for at least five (5) years immediately preceding the date of his appointment. 
1366 
 The City Cooperatives Officer shall receive such compensation, emoluments and allowances as may 
1367 
be determined by law or ordinance. 
1368 


 
The City Cooperatives Officer shall take charge of the Cooperatives Department, and shall: 
1369 
1. Formulate measures for consideration of the Sangguniang Panlungsod and provide 
1370 
technical assistance and support to the City Mayor in carrying out measures to ensure the 
1371 
delivery of basic services and provision of facilities through the development of 
1372 
cooperatives, and in providing access to such services and facilities 
1373 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1374 
the same, particularly those which have to do with the integration of cooperative principles 
1375 
and methods in programs and projects which the City Mayor is empowered to implement 
1376 
and which the Sangguniang Panlungsod is empowered to provide 
1377 
3. Be in the frontline of cooperative organizations, rehabilitation or viability enhancement, 
1378 
particularly during and in the aftermath of man-made and natural disasters and calamities, 
1379 
to aid in their survival and, if necessary, subsequent rehabilitation 
1380 
4. Recommend to the Sangguniang Panlungsod and advise the City Mayor on all other 
1381 
matters relative to cooperatives development and viability enhancement which will 
1382 
improve the livelihood and quality of life of the inhabitants; and 
1383 
5. Perform such other duties and functions and exercise such other powers as provided for 
1384 
under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, 
1385 
and those that are prescribed by law or ordinance. 
1386 
Section 46. The City Human Resource Management Officer. The City Human Resource Officer must 
1387 
be a citizen of the Philippines, a resident of the City of Malay, of good moral character, a holder of a 
1388 
college degree from a recognized college or university, and a first-grade civil service eligible or its 
1389 
equivalent. He must have acquired experience in Human Resource Management for at least five (5) 
1390 
years immediately preceding the date of his appointment. 
1391 
The City Human Resource Officer shall take charge of the City Human Resource Management Office, 
1392 
and shall: 
1393 
1. Take charge in the administration of official personnel action of all municipal officials and 
1394 
employees, such as leaves, promotions, retirements, change of status, performance 
1395 
appraisal ratings and other related personnel matters; 
1396 
2. Advise the municipal officials on personnel policy, functions, practices, rules and 
1397 
regulations and problems; 
1398 
3. Determine the qualifications standards of all positions, salary grade and salary allocations 
1399 
that are in accordance with those prescribed by the Civil Service Commission, Department 
1400 
of Budget and Management and other agencies of the government concerned; 
1401 
4. Recommend to the Mayor the conduct of training and seminars for the upgrading of 
1402 
personnel skills and performances; 
1403 
5. Supervise all personnel and responsible for the updating of personnel records and 
1404 
safekeeping of 201 files of all officials and employees; 
1405 
6. Assists in staff training and development; and 
1406 
7. Exercise such other powers and perform such other duties and functions as may be 
1407 
prescribed by law or ordinance. 
1408 
  
1409 
Section 47. The City Public Employment Service Officer. The City Public Employment Service Officer 
1410 
must be a citizen of the Philippines, a resident of the City of Malay, of good moral character, a holder 
1411 
of a college degree preferably in any of the following: operations management (OM), Human Resource 
1412 
Management (HRM), Human Resource Development (HRD) and/ or allied fields from a recognized 
1413 
college or university, and a first-grade civil service eligible or its equivalent. He must have acquired 
1414 
experience in human resource management for at least five (5) years immediately preceding the date 
1415 
of his appointment. 
1416 


 
The City Public Employment Service Officer shall take charge of the City Public Employment Service 
1417 
Office, and shall: 
1418 
1. Promote employment programs for city residents in need of jobs; 
1419 
2. Provide employment counselling, career guidance and other such services to the city's 
1420 
students and out-of-school youth; 
1421 
3. Promote industrial peace by mediating in labor management disputes upon the request of 
1422 
a contending party. 
1423 
4. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1424 
the same, particularly those relating to public employment services which the City Mayor 
1425 
is empowered to implement and which the Sangguniang Panlungsod is empowered to 
1426 
provide; and 
1427 
5. Perform such other duties and functions and exercise such other powers as may be 
1428 
prescribed by law or ordinance. 
1429 
Section 48. The City Procurement Officer.  The City Procurement Officer must be a citizen of the 
1430 
Philippines, a resident of the City of Malay, of good moral character, a holder of a college degree from 
1431 
a recognized college or university, and a first-grade civil service eligible or its equivalent. He must have 
1432 
acquired experience in procurement services for at least five (5) years immediately preceding the date 
1433 
of his appointment. 
1434 
The City Procurement Officer shall take charge of the City Procurement Office, and shall: 
1435 
1. Handles processing of requests for goods and services to be procured through bidding and 
1436 
other means of procurement 
1437 
2. Formulates policies, plans and projects 
1438 
3. Reviews and evaluates contracts and other pertinent documents to ensure compliance with 
1439 
the requirements under RA 9184 
1440 
4. Reviews and consolidates the PPMPs into Annual Procurement Plan (APP) 
1441 
5. Monitors procurement activities and milestones 
1442 
6. Prepares the required statutory reports to the Government Procurement Policy Board 
1443 
(GPPB) 
1444 
7. Undertakes Procurement Price Monitoring 
1445 
8. Consolidates the Procurement Report of the City Government 
1446 
9. Prepares the Quality Objective and Plan 
1447 
10. Prepares the Quality Management Reports 
1448 
11. Conducts/coordinates training activities 
1449 
12. Provides administrative support to the BAC 
1450 
13. Organizes and makes all necessary arrangements for BAC meetings and conferences 
1451 
14. Prepares minutes of meeting and resolutions of the BAC 
1452 
15. Takes custody of procurement documents and other records 
1453 
16. Advertises and/or posts bidding opportunities, including Bidding Documents 
1454 
17. Assists in managing the procurement processes 
1455 
18. Acts as the central channel of communications for the BAC with end users, PMOs, other 
1456 
units of the line agency, other government agencies, providers of goods, infrastructure 
1457 
projects and consulting services, observers and the general public 
1458 
19. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1459 
the same, particularly those relating to public employment services which the City Mayor 
1460 
is empowered to implement and which the Sangguniang Panlungsod is empowered to 
1461 
provide; and 
1462 
20. Perform such other duties and functions and exercise such other powers as may be 
1463 
prescribed by law or ordinance. 
1464 


 
Section 49. The City College Administrator. The City College Administrator/President must be a 
1465 
citizen of the Philippines, a resident of the City of Malay, of good moral character, a holder of a 
1466 
doctorate degree, and a first grade civil service eligible or its equivalent. He must have acquired 
1467 
experience in City College Administration for at least five (5) years immediately preceding the date of 
1468 
his appointment. 
1469 
The City College Administrator shall take charge of the Malay City College, and shall: 
1470 
1. He/ She shall, on behalf of the Board of Trustees, have general supervision over all 
1471 
academic, administrative and financial operation of the college; 
1472 
2. Promulgate and enforce general policies affecting the college and shall take action which, 
1473 
in his judgement are necessary for the protection of life, right, property and general welfare 
1474 
of the college. 
1475 
3. Recommend to the Board, the appointment of qualified person to fill all vacancies and new 
1476 
positions; may designate officials to perform functions in concurrent capacity without 
1477 
additional compensation and may request for job orders; 
1478 
4. Institute disciplinary actions against any personnel, or faculty for culpable violation of 
1479 
Civil Service Laws and School Policies and against any student of the college whose action 
1480 
adversely affect the general interest and good name of the college subject to the due process 
1481 
and approval of the Board of Trustees; 
1482 
5. Decide appeals in controversies involving ranking officials, faculty and personnel of the 
1483 
college when penalty imposed exceeds thirty (30) days; 
1484 
6. Grant or deny sabbatical leaves and leaves of absence without pay and/ or extension of 
1485 
such leaves, as well as extension of fellowship or any form of scholarship for a period nor 
1486 
exceeding one academic semester, if the budget permits and for reason that may deem 
1487 
satisfactory subject to appeal to the Board of Trustees; 
1488 
7. Grant permission for use of building and premises of the college for academe, professional, 
1489 
scientific and technology conventions, and other related non-academic activities with a fee 
1490 
fixed by the board. 
1491 
8. Sign and execute all contracts, deed and instruments for the college, subject to the approval 
1492 
of the Board; 
1493 
9. Cause the preparation of annual budget of the college and submit the same for review, 
1494 
consideration and approval of the Board of Trustees; 
1495 
10. Cause the preparation of annual year-end report for the current year; 
1496 
11. Perform such other powers as elsewhere provided in this charter as may be specifically 
1497 
authorized by the Board of Trustees and such other powers usually pertaining to the office 
1498 
of the College Administrator. He may delegate in writing any of his specific function to 
1499 
any office. 
1500 
12. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1501 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
1502 
Panlungsod is empowered to provide; and 
1503 
13. Perform such other duties and functions and exercise such other powers as may be 
1504 
prescribed by law or ordinance. 
1505 
Section 50. The City Zoning Administrator.  The City Zoning Administrator must be a citizen of the 
1506 
Philippines, a resident of the City of Malay, of good moral character, a holder of a college degree from 
1507 
a recognized college or university, and a licensed Environmental Planner. He must have acquired 
1508 
experience in zoning administration for at least five (5) years immediately preceding the date of his 
1509 
appointment. 
1510 
The City Zoning Administrator shall take charge of the Zoning Regulation and Administration Office, 
1511 
and shall: 
1512 


 
1. Act on all applications for all zoning-related certifications and clearances.  
1513 
2. Issue Locational Clearances or Certificates of Zoning Compliance for projects conforming 
1514 
to the zoning regulations and complying with the required documents.  
1515 
3. Issue Denial Decisions for Locational Clearances or Certificates of Zoning Compliance 
1516 
applications that are non-compliant to any provision of the Zoning Ordinance or other 
1517 
existing city ordinances.  
1518 
4. Issue Certificates of Land Classification for requesting landowners and concerned 
1519 
stakeholders.  
1520 
5. Issue the needed Order of Payment for the zoning fees that the applicant should be paying.  
1521 
6. Monitor on-going/existing projects and act on violations and non-compliance to the zoning 
1522 
ordinance.  
1523 
7. Conduct site inspections and monitoring visits to on-going/existing projects within the 
1524 
municipality and when warranted, issue Notices of Violation and show cause order to 
1525 
owners, developers, or managers of projects that are violating the zoning ordinance, 
1526 
pursuant to Section 3 of EO 72 and Section 2 of EO 71 and when necessary, refer subsequent 
1527 
actions thereon to the HLURB.  
1528 
8. Call and coordinate with the Philippine National Police for the enforcement of orders and 
1529 
processes pertinent to the implementation of this ordinance, if necessary.  
1530 
9. Coordinate with the Municipal Legal Officer for other legal actions/remedies relative to the 
1531 
foregoing.  
1532 
10. Impose the appropriate fines/penalties for violation of the provisions of the Zoning 
1533 
Ordinance.  
1534 
11. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1535 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
1536 
Panlungsod is empowered to provide; and 
1537 
12. Perform such other duties and functions and exercise such other powers as may be 
1538 
prescribed by law or ordinance. 
1539 
Section 51. The City Business Processing and Licensing Officer.  The City Business Processing and 
1540 
Licensing Officer must be a citizen of the Philippines, a resident of the City of Malay, of good moral 
1541 
character, a holder of a college degree from a recognized college or university, and a first-grade civil 
1542 
service eligible or its equivalent. He must have acquired experience in business processing and 
1543 
licensing for at least five (5) years immediately preceding the date of his appointment. 
1544 
The City Business Processing and Licensing Officer shall take charge of the City Business Processing 
1545 
and Licensing Department, and shall: 
1546 
1. Provide effective systems, procedures and practices in the issuance and renewal of business 
1547 
permits. It regulates the nature and/or operations of various business activities within the 
1548 
City of Malay. 
1549 
2. Issued Mayor's permits to businesses located in the City of Malay 
1550 
3. Provide an effective system of conducting inspections and verifications of all business 
1551 
establishments 
1552 
4. Monitor and enforce existing laws, ordinances, policies, rules and regulations in the 
1553 
operation of businesses and occupations in the city 
1554 
5. Undertake intensive campaign against illegal business operations 
1555 
6. Provide data and facts to the business sector and the public in general 
1556 
7. File cases with the City Prosecutor's Office and/or appropriate courts for violation of tax 
1557 
laws and ordinances 
1558 
8. Develop plans and strategies and, upon approval thereof by the city mayor, implement the 
1559 
same, which the city mayor is empowered to implement and which the Sangguniang 
1560 
Panlungsod is empowered to provide; and 
1561 


 
9. Perform such other duties and functions and exercise such other powers as may be 
1562 
prescribed by law or ordinance. 
1563 
Section 52. The City Economic Enterprise Development Officer.  The City Economic Enterprise 
1564 
Development Officer must be a citizen of the Philippines, a resident of the City of Malay, of good moral 
1565 
character, a holder of a college degree from a recognized college or university, and a first-grade civil 
1566 
service eligible or its equivalent. He must have acquired experience in economic enterprise 
1567 
development services for at least five (5) years immediately preceding the date of his appointment. 
1568 
The City Economic Enterprise Development Officer shall take charge of the City Economic Enterprise 
1569 
and Development Department, and shall exercise the following powers and functions: 
1570 
1. Exercise managerial control over the operations of various economic enterprise unit as well 
1571 
as its support services units. 
1572 
2. Advise the City Mayor, the City Market Committee, and other special bodies that may 
1573 
thereafter be legally constituted, on all matters involving economic enterprises and 
1574 
development. 
1575 
3. Develop policies and formulate rules and regulations, standards, and procedures to 
1576 
improve and enhance revenue generation based on sound financial concept and principles 
1577 
for adequate delivery of services, subject to the approval of the Sangguniang Panlungsod. 
1578 
4. Prepare the annual budget of each Economic Enterprise and the Department as a whole. 
1579 
5. Exercise management and supervision over all units and personnel under the City 
1580 
Economic Enterprise Office. 
1581 
6. Exercise such other powers and perform such other duties and function as may be 
1582 
prescribed by law or ordinance incidental and necessary to this position. 
1583 
  
1584 
Section 53. The City Chief Transportation Regulation Officer. The City Chief Transportation 
1585 
Regulation Officer must be a citizen of the Philippines, a resident of the City of Malay, of good moral 
1586 
character, a holder of a master’s degree from a recognized college or university, and a first grade civil 
1587 
service eligible or its equivalent. He must have acquired experience in transportation regulation for at 
1588 
least five (5) years immediately preceding the date of his appointment. 
1589 
The City Transportation Regulation Officer shall take charge of the City Transportation Regulation 
1590 
Department, and shall: 
1591 
1. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1592 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
1593 
Panlungsod is empowered to provide;  
1594 
 
1595 
 
1596 
2. Implement the provision of City Traffic Code, and; 
1597 
3. Perform such other duties and functions and exercise such other powers as may be 
1598 
prescribed by law or ordinance. 
1599 
Section 54. The City Disaster Risks Reduction Management Officer. The City Disaster Risks 
1600 
Reduction Management Officer must be a citizen of the Philippines, a resident of the City of Malay, of 
1601 
good moral character, a holder of a college degree from a recognized college or university, and a first-
1602 
grade civil service eligible or its equivalent. He must have acquired experience in disaster risks 
1603 
reduction management for at least five (5) years immediately preceding the date of his appointment. 
1604 
The City Disaster Risks Reduction Management Officer shall take charge of the City Disaster Risks 
1605 
Reduction Management Department, and shall: 
1606 


 
1. Set the direction, development, implementation and coordination of disaster risk 
1607 
management programs within their territorial jurisdiction; 
1608 
2. Design, program and coordinate disaster risk reduction and management activities 
1609 
consistent with the National Council’s standards and guidelines; 
1610 
3. Facilitate and support risk assessments and contingency planning activities at the local 
1611 
level; 
1612 
4. Consolidate local disaster risk information which includes natural hazard, vulnerabilities, 
1613 
and climate change risk, and maintain a local risk map; 
1614 
5. Organize and conduct training, orientation, and knowledge management activities on 
1615 
disaster risk reduction and management at the local level; 
1616 
6. Operate multi hazard early warning system, link to disaster risk reduction to provide 
1617 
accurate and timely advice to national or local emergency response organization and to the 
1618 
general public, through diverse mass media, particularly radio, landline communication, 
1619 
and technologies for communication within rural communities; 
1620 
7. Formulate and implement a comprehensive and integral CDRRMP and CCCAP in 
1621 
accordance with the national, regional and provincial framework, and policies on disaster 
1622 
risk reduction in close coordination with the Local Development Councils (LDCs) 
1623 
8. Prepare and submit to the local Sanggunian through the CDRRMC and the LDC the 
1624 
Annual CDRRMO Plan and Budget, the proposed programming of the CDRRMF, other 
1625 
dedicated disaster risk reduction and management resources, and other regular funding 
1626 
source/s and budgetary support of the CDRRMO/BDRRMC; 
1627 
9. Conduct continuous disaster monitoring and mobilize instrumentalities and entities of the 
1628 
LGUs. CSOs, private group and organized volunteers, to utilize their facilities and 
1629 
resources for the protection and preservation of life and properties during emergencies in 
1630 
accordance with existing policies and procedures; 
1631 
10. Identify, assess and manage the hazards vulnerabilities and risks that may occur in their 
1632 
locality; 
1633 
11. Disseminate information and raise public awareness about those hazards, vulnerabilities 
1634 
and risks, their nature, effects, early warning signs and counter measures; 
1635 
12. Identify and implement cost effective risk reduction measures/strategies; 
1636 
13. Maintain a database of human resource, equipment, directories, and location of critical 
1637 
infrastructures and their capacities such as hospitals and evacuations centers; 
1638 
14. Develop, strengthen and operationalize mechanisms for partnership or networking with 
1639 
the private sector, CSOs, and volunteer groups; 
1640 
15. Take all necessary steps on a continuing basis to maintain, provide or arrange the provision 
1641 
of or to otherwise make available, suitably-trained and competent personnel for effective 
1642 
civil defense and disaster risk reduction and management in its area; 
1643 
16. Organize, train, equip and supervise the local emergency response teams and the ACDVs, 
1644 
ensuring that humanitarian aid workers are equipped with basic skills to assist mothers to 
1645 
breastfeed; 
1646 
17. Respond to and manage the adverse effects of emergencies and carry out recover activities 
1647 
in the affected area, ensuring that there is an efficient mechanism for immediate delivery 
1648 
of food, shelter and medical supplies for women and children, endeavor to create a special 
1649 
place where internally-displaced mothers and children can find help with breastfeeding, 
1650 
feed and care for their babies and give support to each other; 
1651 
18. Within its area, promote and raise public awareness and compliance with the Act and 
1652 
legislative provisions relevant to the purpose of the Act; 
1653 
19. Serve as the secretariat and executive arm of the CDRRMC; 
1654 
20. Coordinate other disaster risk reduction and management activities; 
1655 
21. Establish linkage/network with other LGUs for disaster risk reduction and emergency 
1656 
response purposes; 
1657 


 
22. Recommend through the CDRRMC the enactment of local ordinances consistent with the 
1658 
requirements of this Act; 
1659 
23. Implement policies, approved plans and programs of the CDRRMC consistent with the 
1660 
policies and guidelines laid down in the Act; 
1661 
24. Establish a City/Barangay Disaster Risk Reduction and Management Operations Center; 
1662 
25. Prepare and submit, through the CDRRMC and the LDC, the report on the utilization of 
1663 
the CDRRMF and other dedicated disaster risk reduction and management resources to 
1664 
the local Commission on Audit (COA) for city level and internal audit for municipal and 
1665 
component city level, copy Operations Officer of the DILG; and 
1666 
26. Act on the other matters that may be authorized by the CDRRMC. 
1667 
27. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1668 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
1669 
Panlungsod is empowered to provide; and 
1670 
28. Perform such other duties and functions and exercise such other powers as may be 
1671 
prescribed by law or ordinance. 
1672 
Section 55. The City Tourism Officer. The City Tourism Officer must be a citizen of the Philippines, a 
1673 
resident of the City of Malay, of good moral character, a holder of a college degree in tourism, business, 
1674 
law, economic, marketing, public administration or other related fields from a recognized college or 
1675 
university, and a first grade civil service eligible or its equivalent. He must have acquired experience 
1676 
in cultural and tourism services for at least five (5) years immediately preceding the date of his 
1677 
appointment. 
1678 
The City Tourism Officer shall take charge of the City Tourism Office, and shall: 
1679 
1. Initiate and implement the city government's activities related to culture and tourism.  
1680 
2. Acts on referrals/ instructions of the City Mayor on activities pertaining to culture, tourism, 
1681 
and historical matters; handles projects related to tourism; 
1682 
3. Takes charge of the preservation and promotion of the cultural heritage of the city and of 
1683 
the nation in general by implementing projects related to culture;  
1684 
4. Encourages the organization of cultural group in City of Malay through periodic 
1685 
competitions, exhibitions, and performances, both for public benefit and for the discovery, 
1686 
development, and presentation of individual and group talents; 
1687 
5. Formulates plans programs, and projects related to the commemoration of historical events 
1688 
in City of Malay and other commemorative activities celebrated in the country. 
1689 
6. Formulate programs related to cultural projects and the commemoration of historical 
1690 
events 
1691 
7. Handle projects related to the promotion of tourism in the city 
1692 
8. Serve as a channel in the establishment and sustenance of sister-city relations 
1693 
9. Supervise the registration of tourism-oriented and tourism-related establishments 
1694 
10. Develop plans and strategies and, upon approval thereof by the city mayor, implement the 
1695 
same, which the city mayor is empowered to implement and which the Sangguniang 
1696 
Panlungsod is empowered to provide; and 
1697 
11. Perform such other duties and functions and exercise such other powers as may be 
1698 
prescribed by law or ordinance. 
1699 
 
1700 
Section 56. The City Building Official.  The City Building Official must be a citizen of the Philippines, 
1701 
a resident of the City of Malay, of good moral character, a holder of a college degree from a recognized 
1702 
college or university, and a licensed Civil Engineer or registered Architect and a member of good 
1703 
standing of a duly accredited organization of his profession for not less than two years. He must have 
1704 
acquired experience in for at least five (5) years in building design and construction immediately 
1705 
preceding the date of his appointment. 
1706 


 
The City Building Official shall take charge of the City Building Office, and shall: 
1707 
1. Implements the National Building Code of the Philippines, its referral codes and other laws 
1708 
and ordinances related thereto;  
1709 
2. Processes and issues building permits, including ancillary and auxiliary permit 
1710 
applications for all types of structures as required under the code;  
1711 
3. Conducts inspection of on-going and completed structures as a requirement in the 
1712 
processing and issuance of occupancy and other final permits related thereto;  
1713 
4. Conducts annual inspection of building and other structures to ensure compliance to safety 
1714 
standards to prevent unnecessary loss of life and property; 
1715 
5.  Processes and issues excavation permits for public utilities; plans, design and imposes 
1716 
building regulatory measures and parameters needed to enhance the city development 
1717 
plans and programs. 
1718 
6. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1719 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
1720 
Panlungsod is empowered to provide; and 
1721 
7. Perform such other duties and functions and exercise such other powers as may be 
1722 
prescribed by law or ordinance. 
1723 
Section 57. The City Internal Auditor. The City Internal Auditor must be a citizen of the Philippines, 
1724 
a resident of the City of Malay, of good moral character, a holder of a master’s degree and a graduate 
1725 
from an accredited college or university with a Bachelor's Degree in Accounting, Auditing, or a closely 
1726 
related field, professional-level experience as an Accountant or Auditor with a government entity or a 
1727 
public accounting firm. He must have acquired experience in internal auditing for at least five (5) years 
1728 
immediately preceding the date of his appointment. 
1729 
The City Internal Auditor shall take charge of the City Internal Audit Office, and shall: 
1730 
1. Responsible for planning and directing the financial and fiscal compliance, program, 
1731 
operational, and computer audits of city programs and related agencies; 
1732 
2. Responsible for independent audit of the management of city departments, offices and 
1733 
programs, analysis of financial management practices, and surveillance of municipal fiscal 
1734 
contracts. practice and of policies established by city management. This class performs related 
1735 
work as required. Qualifications of the City Internal Auditor are the following:  
1736 
3. Ascertaining the reliability and integrity of financial and operational information and means 
1737 
used to identify measures, classify and report such information. 
1738 
4. Ascertaining the extent of compliance with established policies, and applicable laws and 
1739 
regulations, and reviewing the system established to ensure compliance with government 
1740 
policies, plans and procedures, laws and regulation which could have a significant impact on 
1741 
operations; 
1742 
5. Ascertaining the extent to which the assets and other resources of the institutions are accounted 
1743 
for and safeguarded from losses of all kinds; 
1744 
6. Reviewing and evaluating the soundness, adequacy and application of accounting, financial 
1745 
and other operating controls and promoting the most effective control at reasonable cost; 
1746 
7. Reviewing operations or programs to ascertain whether or not results are consistent with 
1747 
established objectives and goals and whether or not such programs are being carried out as 
1748 
planned; 
1749 
8. Evaluating the quality of performance of groups/individual in carrying out their assigned 
1750 
responsibilities; and 
1751 
9. Recommending corrective actions on operational deficiencies observed. 
1752 
10. Pre-audit of vouchers and countersignature of checks; 
1753 


 
11. Inspection of deliveries, although the internal auditor may, as part of his examination, observe 
1754 
inspection; 
1755 
12. Preparation of treasury and bank reconciliation statements 
1756 
13. Development and installation of systems and procedures; however, in exceptional cases, the 
1757 
internal auditor may assist by the way of giving suggestions preferably during the 
1758 
development stage; 
1759 
14. Taking physical inventories; however, the internal auditor may review the plans in advance 
1760 
and observe the test-check the accuracy of counting, costing and summarizing; 
1761 
Section 58. The City Sports and Development Officer.  The City Sports Development Officer must be 
1762 
a citizen of the Philippines, a resident of the City of Malay, of good moral character, a holder of a college 
1763 
degree from a recognized college or university, and a first-grade civil service eligible or its equivalent. 
1764 
He must have acquired experience in Sports Development or in any related field for at least five (5) 
1765 
years immediately preceding the date of his appointment. 
1766 
The City Sports Development Officer shall receive such compensation, emoluments and allowances as 
1767 
may be determined by law. 
1768 
The City Sports and Development Officer shall take charge of the City Sports Development and Games 
1769 
Office, and shall: 
1770 
1. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1771 
the same, particularly those which have to do with youth and sports programs and projects 
1772 
which the City Mayor is empowered to implement and which the Sangguniang 
1773 
Panlungsod is empowered to provide; and 
1774 
2. Perform such other duties and functions and exercise such other powers as may be 
1775 
prescribed by law or ordinance. 
1776 
Section 59. The City Public Order and Safety Officer.  The City Public Order and Safety Officer must 
1777 
be a citizen of the Philippines, a resident of the City of Malay, of good moral character, a holder of a 
1778 
college degree from a recognized college or university, and a first-grade civil service eligible or its 
1779 
equivalent. He must have acquired experience in Public Safety Management for at least five (5) years 
1780 
immediately preceding the date of his appointment. 
1781 
The City Public Safety Officer shall take charge of the Public Safety Department, and shall: 
1782 
1. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1783 
the same, particularly those relating to public safety which the City Mayor is empowered 
1784 
to implement and which the Sangguniang Panlungsod is empowered to provide;  
1785 
2. Provide public security 
1786 
3. Augment auxiliary services on traffic management 
1787 
4. Formulate plans and programs that improve public safety 
1788 
5. Undertake protective and disaster relief services 
1789 
6. Clear sidewalks of illegal vendors and obstructions. 
1790 
7. Perform such other duties and functions and exercise such other powers as may be 
1791 
prescribed by law or ordinance. 
1792 
 
1793 
Section 60. The City Trade and Industry Officer. The City Trade and Industry Officer must be a citizen 
1794 
of the Philippines, a resident of the City of Malay, of good moral character, a holder of a college degree 
1795 
in Business, Accountancy, Economics or any related course from a recognized college or university, 
1796 
and a first-grade civil service eligible or its equivalent. He must have acquired experience in business 
1797 
or any related field for at least five (5) years immediately preceding the date of his appointment. 
1798 


 
The City Trade and Industry Officer shall receive such compensation, emoluments and allowances as 
1799 
may be determined by law. 
1800 
The City Trade and Industry Officer shall take charge of the Trade and Industry Department, and shall: 
1801 
1. Formulate measures for the consideration of the Sangguniang Panlungsod and provide 
1802 
technical assistance to the City Mayor in carrying out measures to ensure the delivery of 
1803 
basic services and provision of adequate facilities relative to trade and industry; 
1804 
2. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1805 
the same, particularly those which have to do with trade, commerce, industry and 
1806 
economic promotion; and 
1807 
3. Perform such other duties and functions and exercise such other powers as may be 
1808 
prescribed by law or ordinance. 
1809 
 
1810 
Section 61. The City Economic Investments and Incentives Promotion Officer.  The City Economic 
1811 
Investments and Incentives Promotion Officer must be a citizen of the Philippines, a resident of the City 
1812 
of Malay, of good moral character, a holder of a college degree from a recognized college or university, 
1813 
and a first-grade civil service eligible or its equivalent. He must have acquired experience in economic 
1814 
investment and incentives promotion for at least five (5) years immediately preceding the date of his 
1815 
appointment. 
1816 
The City Economic Investments and Incentives Promotion Officer shall take charge of the City 
1817 
Economic Investments and Incentives Promotion department, and shall: 
1818 
1. Spur inclusive growth and development by stimulating entrepreneurship, growing micro 
1819 
and small enterprises, and strengthening cooperatives through appropriate organizational 
1820 
and business development program and service. 
1821 
2. Oversee and facilitate the planning, delivery, coordination, consolidation, and convergence 
1822 
of all stakeholder efforts to develop and promote micro and small enterprises and 
1823 
entrepreneurship in the City of Malay. 
1824 
3. Classify Micro and Small Enterprises according to its business activity, product/services 
1825 
offered and target market. 
1826 
4. Implementing arm of the Micro and Small Enterprises Development Council (MSED 
1827 
Council) 
1828 
5. Undertake planning, development, and monitoring of MSE and Cooperatives programs 
1829 
6. Function as the Technical Secretariat of the MSED Council 
1830 
7. Evaluate Micro Enterprises covered by RA9178 or BMBE Law. 
1831 
8. Develop a medium-term and long-term investment promotions and retention plan to be 
1832 
approved by the board in coordination with the City Development Council (CDC) and 
1833 
consistent with national investment policies. The plan shall be broken down into annual 
1834 
investment programs to be integrated into the local priorities for implementation; 
1835 
9. Facilitate the efficient and effective operations of CEIPD through: 
1836 
1. Compilation and processing of information, studies, and reports relevant to the local 
1837 
economic environment and the identified investment priority areas. 
1838 
2. Establishment and update of a data bank on general business information and a web 
1839 
based information system to disseminate key messages, procedures, and information 
1840 
necessary to attract and retain investments 
1841 
3. Preparation and updating of an operations manual specifying processes, activities, 
1842 
roles and responsibilities for the administration of investment promotion and 
1843 
retention. The operations manual shall include a client/citizens charter specifying 
1844 
accountability and maximum periods for the processing of documents for investments 
1845 
and code of conduct for MEIPC management and staff; 
1846 


 
4. Assist in: (1) securing licenses and permits; (2) identifying business or joint venture 
1847 
partners, raw materials suppliers and possible business sites; (3) sourcing skilled 
1848 
manpower and service providers; and (4) facilitating the resolution of issues and 
1849 
concerns encountered by business enterprises; 
1850 
5. Undertake investment promotions activities based on value added in relation to costs; 
1851 
6. Develop and disseminate investments promotion collaterals, (i.e. brochures, industry 
1852 
and project profiles, cost of doing business in the LGU); 
1853 
7. Respond to information needs of investors; 
1854 
8. Conduct of marketing and investment targeting strategies such as investment 
1855 
meetings, fairs, and missions; 
1856 
9. Conduct briefings of potential investors whenever necessary; 
1857 
10. Conduct follow through activities to convert potential investors to actual locators in 
1858 
the LGU; 
1859 
10. Receive, process and evaluate applications for registration and grant of local incentives for 
1860 
approval of the board;  
1861 
11. Render after-care services to all investment/business locators particularly the registered 
1862 
enterprises; 
1863 
12. Recommend to the board any modifications/amendments to existing legislation and 
1864 
procedures on local investments for its appropriate action;  
1865 
13. Establish cooperative undertakings with other LGUs, private sector, NGOs, NGAs and 
1866 
other institutions as maybe necessary, useful, and incidental to the effective and efficient 
1867 
implementation of the CEIC; 
1868 
14. Monitor and supervise project implementation of registered enterprises.  
1869 
15. Represent the city in trade and investments meetings, conferences, conventions and other 
1870 
similar gatherings as maybe directed by the board; 
1871 
16. Perform such other functions as may be necessary to implement the intent of the Code. 
1872 
17. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1873 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
1874 
Panlungsod is empowered to provide; and 
1875 
18. Perform such other duties and functions and exercise such other powers as may be 
1876 
prescribed by law or ordinance. 
1877 
 
1878 
Section 62. The City Housing and Community Development and Resettlement Officer. The City 
1879 
Housing and Community Development and Resettlement Officer must be a citizen of the Philippines, 
1880 
a resident of the City of Malay, of good moral character, a holder of a college degree from a recognized 
1881 
college or university, and a first-grade civil service eligible or its equivalent. He must have acquired 
1882 
experience in housing and community development and resettlement for at least five (5) years 
1883 
immediately preceding the date of his appointment. 
1884 
The City Housing and Community Development and Resettlement Officer shall take charge of the City 
1885 
Housing and Community Development and Resettlement Office, and shall: 
1886 
1. Implement Republic Act No. 7279, otherwise known as the Urban Development Housing 
1887 
Act of 1992 (UDHA), in coordination with the Social Housing Finance Corporation, 
1888 
Housing and Urban Development Coordination Council, the Department of Interior and 
1889 
Local Government and other government agencies concerned, the private sector and other 
1890 
non-government particularly focusing on socialized housing and resettlement programs 
1891 
for the city’s underprivileged and homeless constituents or informal settler families (ISFs);  
1892 
2. To undertake programs that will ensure sustained development in the resettlement areas 
1893 
or communities through continuing education, training, providing health and welfare 
1894 
assistance through efficient, honest, and committed delivery of public/basic services by its 
1895 
employees.  
1896 


 
3. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1897 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
1898 
Panlungsod is empowered to provide; and 
1899 
4. Perform such other duties and functions and exercise such other powers as may be 
1900 
prescribed by law or ordinance. 
1901 
 
1902 
Section 63. The City Barangay and Community Relations Officer. The City Barangay and Community 
1903 
Officer must be a citizen of the Philippines, a resident of the City of Malay, of good moral character, a 
1904 
holder of a college degree from a recognized college or university, and a first grade civil service eligible 
1905 
or its equivalent. He must have acquired experience in barangay and community relations for at least 
1906 
five (5) years immediately preceding the date of his appointment. 
1907 
The City Barangay and Community Officer shall take charge of the City Barangay and Community 
1908 
Relations Office, and shall: 
1909 
1. Act as the Administrative and Operational Arm of the City Government on barangay 
1910 
matters as one of the major conduits in attaining the goals and in achieving the mission, 
1911 
vision and thrusts of the City Mayor towards the growth and development of the 
1912 
barangays as well as in strengthening barangay initiatives and actions in the delivery of 
1913 
necessary services to the constituents of the City of Malay.  
1914 
2. Designed programs such as Administrative and Barangay Benefits Assistance Program, 
1915 
Barangay Information/Awareness and Training Program, Monitoring and Coordination 
1916 
Program, Barangay Technical and Legal Assistance Program, and Special Task/Project 
1917 
Implementation Assistance Program. 
1918 
3. Take charge of the issuance of certifications for elected barangay officials and service 
1919 
records of barangay officials. 
1920 
4. Develop plans and strategies and, upon approval thereof by the city mayor, implement the 
1921 
same, which the city mayor is empowered to implement and which the Sangguniang 
1922 
Panlungsod is empowered to provide; and 
1923 
5. Perform such other duties and functions and exercise such other powers as may be 
1924 
prescribed by law or ordinance. 
1925 
 
1926 
Section 64. The City Research and Development Officer. The City Research and Development Officer 
1927 
must be a citizen of the Philippines, a resident of the City of Malay, of good moral character, a holder 
1928 
of a college degree from a recognized college or university, and a first grade civil service eligible or its 
1929 
equivalent. He must have acquired experience in research and development for at least five (5) years 
1930 
immediately preceding the date of his appointment. 
1931 
The City Research and Development Officer shall take charge of the City Research and Development 
1932 
Office, and shall: 
1933 
1. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
1934 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
1935 
Panlungsod is empowered to provide;  
1936 
2. Conduct extensive research for new products and develop new solutions that could help 
1937 
boost the local economy; 
1938 
3. Conduct extensive research not limited to natural plants, woods, grasses, bamboos, 
1939 
coconuts, etc… present and abundant in the locality for possible product development; 
1940 
4. Research, design and evaluate materials, assemblies, processes and equipment for 
1941 
continuous improvement of products and produce/harvests for the benefit of local 
1942 
producers and farmers; 
1943 
5. Transfer new technologies, products, and manufacturing process into and out of the 
1944 
municipality. 
1945 


 
6. Conduct other research and development that may support in the advancement of science 
1946 
and technology not limited to engineering methods in construction industry, machineries, 
1947 
refinery, mass transportation, medical research, etc…; and  
1948 
7. Perform such other duties and functions and exercise such other powers as may be 
1949 
prescribed by law or ordinance. 
1950 
 
1951 
Section 65. The City Public Affairs and Information Services Officer. The City Public Affairs and 
1952 
Information Services Officer must be a citizen of the Philippines, a resident of the City of Malay, of 
1953 
good moral character, a holder of a college degree from a recognized college or university, and a first-
1954 
grade civil service eligible or its equivalent. He must have acquired experience in public affairs and 
1955 
information services for at least five (5) years immediately preceding the date of his appointment. 
1956 
The City Public Affairs and Information Services Officer shall take charge of the City Public Affairs and 
1957 
Information Services Office, and shall: 
1958 
1. Develop and implement programs and necessary mechanisms pertaining to the delivery 
1959 
of information relating to the plans, programs, policies, achievements and official activities 
1960 
of the City Mayor and the city government; 
1961 
2. Develop, 
manage 
and 
operate 
city 
government-owned 
or 
controlled 
public 
1962 
information/mass communications structure/facilities to provide the City Mayor in 
1963 
particular and the city government in general, access to the people as an alternative to mass 
1964 
media entities; 
1965 
3. Set up and maintain a network of people and entities and system to ensure that accurate 
1966 
information from the City Mayor and the city government is effectively and efficiently 
1967 
relayed, delivered and disseminated to the public;  
1968 
4. Manage, control, supervise or assist as may be necessary the various city government units 
1969 
involved in information dissemination;  
1970 
5. Coordinate and cultivate relations with the media; manage and administer the city 
1971 
government’s official news and information website and social media pages and accounts;   
1972 
6. Deals with the public, including the media, by advancing the city government’s mission, 
1973 
vision, goals and interests;  
1974 
7. Explain how the city government’s programs and policies impact the public;  
1975 
8. Help the citizenry understand the city government’s plans and actions; 
1976 
9. Prepare and distribute information materials on behalf of the city government;  
1977 
10. Monitor how the media reports on the city government as well as events and developments 
1978 
impact the city and its people;  
1979 
11. Respond to media inquiries, arrange interviews, and facilitate access to information, 
1980 
resource persons and subject matter experts;  
1981 
12. Correct erroneous information and try to improve the interpretation and understanding of 
1982 
existing information;  
1983 
13. Counter disinformation with the right information;  
1984 
14. Engage the public through various media platforms/channels and encourage people’s 
1985 
participation in local governance and community development; 
1986 
15. Provide sound advice and expertise to city officials on matters pertaining to media and 
1987 
mass communications;  
1988 
16. Develop plans and strategies and, upon approval thereof by the city mayor, implement the 
1989 
same, which the city mayor is empowered to implement and which the Sangguniang 
1990 
Panlungsod is empowered to provide; and 
1991 
17. Perform such other duties and functions and exercise such other powers as may be 
1992 
prescribed by law or ordinance. 
1993 


 
Section 66. The City Youth Development Officer. The Youth Development Officer shall be preferably 
1994 
not more than 30 years old at the time of his or her appointment; of good moral character; must have 
1995 
acquired experience in youth development affairs or involvement in youth or youth serving 
1996 
organizations for at least 3 years and he or she shall be appointed by the local chief executive, but in no 
1997 
case is he or she be within the fourth civil degree of consanguinity or affinity of the appointing 
1998 
authority. 
1999 
The office is responsible to promote and protect the physical, moral, spiritual, intellectual and social 
2000 
well-being of Filipino youth, inculcating in them patriotism and nationalism and encourage their 
2001 
involvement in public and civic affairs. 
2002 
Duties and Responsibilities. The City Youth Development Officer shall perform the following duties 
2003 
and responsibilities:  
2004 
1. Register and verify youth had youth-serving organizations;  
2005 
2. Provide technical assistance to the city Youth Development Council (YDC) in the 
2006 
formulation of the Youth Development Plan;  
2007 
3. Facilitate the election of the YDC representatives; 
2008 
4. Serve as Secretariat to the YDC and as such, shall provide the necessary administrative, 
2009 
operational, staff and technical staff to the YDC; 
2010 
5. Conduct the mandatory and continuing training of SK officials and YDC members, 
2011 
pursuant to the programs jointly designed and implemented by the National Youth 
2012 
Commission and the Department of the Interior and Local Government; 
2013 
6. Provide technical, logistical and other support in the conduct of the mandatory and 
2014 
continuing training programs, and to such other programs of the NYC and DILG; 
2015 
7. Coordinate with the NYC with regard to the youth programs within their jurisdiction and 
2016 
perform other functions as may be prescribed by law, ordinance or as the local chief 
2017 
executive may require. 
2018 
 
2019 
Section 67. The City Information Technology Officer. The City Information Technology Officer must 
2020 
be a citizen of the Philippines, a resident of the City of Malay, of good moral character, a holder of a 
2021 
college degree preferably Information Technology and Computer Engineering from a recognized 
2022 
college or university, and a first-grade civil service eligible or its equivalent. He must have acquired 
2023 
experience in public affairs and information services for at least five (5) years immediately preceding 
2024 
the date of his appointment. 
2025 
The City Information Technology Officer shall take charge of the City Information Technology 
2026 
Development Office, and shall: 
2027 
1. Provide for the city government’s full range of infotech services and requirements, from 
2028 
acquisition to programming to networking to archiving. 
2029 
2. Establish a central electronic data center that consolidates and archives all information 
2030 
pertinent to the city government’s plans, programs and projects, to establish a service 
2031 
bureau in support of that data center. 
2032 
3. Handles database maintenance and systems support operations. 
2033 
4. Provide support in the development of small to medium-sized office automation and or 
2034 
computer applications;  
2035 
5. Provide support in the enhancement of software applications/ systems to reduce operating 
2036 
time or improve efficiency;  
2037 
6. Provide support in preparing required documentation, including both program-level and 
2038 
user-level documentation;  
2039 
7. Develop plans and strategies and, upon approval thereof by the City Mayor, implement 
2040 
the same, which the City Mayor is empowered to implement and which the Sangguniang 
2041 
Panlungsod is empowered to provide;  
2042 


 
8.  Perform such other duties and functions and exercise such other powers as may be 
2043 
prescribed by law or ordinance. 
2044 
 
2045 
Section 68. The City Persons with Disability Affairs Officer. The City Persons with Disability Officer 
2046 
must be a citizen of the Philippines, a resident of the City of Malay, of good moral character, a holder 
2047 
of a college degree from a recognized college or university, and a first-grade civil service eligible or its 
2048 
equivalent. He must be a duly accredited PWD organization with a track record of at least three (3) 
2049 
years. He must have acquired a 5 experience in position/s involving management and supervision, 1 
2050 
year of which is relevant to disability affairs. 
2051 
The City Persons with Disability Affairs Officer shall take charge of the City Person with Disability 
2052 
Office, and shall: 
2053 
1. Formulate and implement policies, plans and programs for the promotion of the welfare of 
2054 
persons with disabilities in coordination with concerned national and local government 
2055 
agencies; 
2056 
2. Coordinate and implement the provision of RA No. 10070, Batas Pambansa Blg.344, 
2057 
otherwise known as the Accessibility Law, and other relevant laws at the local level; 
2058 
3. Represent persons with disabilities in meetings of local development councils and other 
2059 
special bodies; 
2060 
4. Recommend and enjoin the participation of Non-Government Organizations (NGOs) and 
2061 
People’s Organization (POs) in the implementation of all disability-related laws and policies: 
2062 
5. Gather and compile relevant data on persons with disabilities in their localities; 
2063 
6. Disseminate information including, but not limited to programs and activities for persons 
2064 
with disabilities, statistics on persons with disabilities, including children with disability, and 
2065 
training and employment opportunities for persons with disabilities; 
2066 
7. Submit reports to the office of their respective governor or city/municipal mayor on the 
2067 
implementation of programs and services for the promotion of the welfare of persons with 
2068 
disabilities in their respective areas of jurisdiction; 
2069 
8. Ensure that policies, plans and programs for the promotion of welfare of persons with 
2070 
disabilities are funded by both the national and local government; 
2071 
9. Monitor fundraising activities being conducted for the benefit of persons with disabilities: 
2072 
10. Seek donations in cash or in kind from local or foreign donors to implement an approved 
2073 
work plan for persons with disabilities, in accordance with existing laws and regulations: and 
2074 
11. Perform such other functions as maybe necessary for the promotion and protection of the 
2075 
welfare of persons with disabilities; 
2076 
12. Manage and oversee the efficient operations of the Persons with Disabilities Affairs Office 
2077 
and general supervision of its personnel; 
2078 
13. Develop, promote and monitor the implementation of policies, plans, programs, and services 
2079 
for the development of persons with disabilities in coordination with national and local 
2080 
government agencies; 
2081 
14. Ensure representation of persons with disabilities in the local development councils and other 
2082 
special bodies; 
2083 
15. Build the capacity of non – government organizations and people’s organizations to 
2084 
participate in the implementation of all disability related laws and policies; 
2085 
16. Establish coordination with the province, city or municipality, as the case maybe and ensure 
2086 
the inclusion of disability concerns in all local government programs and services; 
2087 
17. Network with local, national and international organizations and establish partnership on 
2088 
disability programs and resource mobilizations; 
2089 
18. Develop and submit to the concerned municipal/city mayor or governor an Annual Work and 
2090 
Financial Plan; 
2091 


 
19. Design and implement yearly work programs and projects in accordance with R.A. 7277 
2092 
(Magna Carta for Disabled Persons), Batas Pambansa 344 (Accessibility Law) and the UN 
2093 
Convention on the Rights of PWDs (UNCRPD); 
2094 
20. Advocate for equal opportunity and accessibility of PWDs the programs for education, 
2095 
employment, health, socio-cultural and sports development;  
2096 
21. Propose measures for the welfare of the person with disabilities (PWDs) as approved by the 
2097 
Sangguniang Panlungsod;  
2098 
22. Maintain and regularly update the list of PWDs and issue individual PWD identification 
2099 
cards; 
2100 
23. Organize the identified PWDs in every barangay and federate them in the city;  
2101 
24. Serve as consultative and advisory body in the issuance of building and occupancy permits 
2102 
relative to the effective implementation of BP 344 also known as the Accessibility Law; and 
2103 
25. Monitor and report to the Department of Justice, the incidents violating the RA 7277, BP 344, 
2104 
RA 10070, RA 10754 and PWD related laws. 
2105 
  
2106 
Section 69. The Office of the Senior Citizen Affairs Head.  The OSCA HEAD must be a citizen of the 
2107 
Philippines, a resident of the City of Malay, of good moral character, able to read and write and at 
2108 
least a high school graduate. He must be physically and mentally capable of performing the tasks of 
2109 
OSCA Head, a bonafide member of a duly registered senior citizen’s organization which has a track 
2110 
record of at least three consecutive years; 
2111 
 
2112 
The OSCA Head shall take charge of the Office of the Senior Citizens Affairs, and shall: 
2113 
1. In consultation with the City or Municipal Social Work and Development Officer and duly 
2114 
registered senior citizen organizations, to plan, develop, implement, consolidate, and 
2115 
monitor yearly work programs in pursuance of the objectives of the Act and its Rules; 
2116 
2. To draw up a list of available and required services which can be provided by the registered 
2117 
federations and associations of senior citizens; 
2118 
3. To maintain and regularly update on a quarterly basis the list of senior citizens and to issue 
2119 
national uniform individual identification cards and purchase booklets, free of charge, 
2120 
which shall be valid anywhere in the country; 
2121 
4. To serve as a general information and liaison center the needs of the senior citizens; 
2122 
5. To monitor compliance of the provisions of the Act and its Rules particularly the grant of 
2123 
special discounts and privileges to senior citizens; 
2124 
6. To report to the Mayor, any person, natural or judicial; establishments, business, entity, 
2125 
institution or agency found violating any provision of the Act and its Rules; 
2126 
7. To facilitate the creation of a city or municipality coordinating and monitoring board 
2127 
consisting of OSCA Head, the City or Municipal Social Work and Development Officer and 
2128 
the presidents of concerned duly registered senior citizens organizations to deliberate and 
2129 
act on the complaints; 
2130 
8. To assist senior citizens in filling complaints or charges against any person, natural or 
2131 
judicial; establishment, institution, or agency refusing to comply with the privileges under 
2132 
the Act before the Department of Justice (DOJ), the Provincial Prosecutor's Office, the 
2133 
regional or the municipal trial court, the municipal trial court in cities, or the municipal 
2134 
circuit trial court; 
2135 
9. To assist and coordinate with the concerned person, natural or judicial, establishment, 
2136 
institution or agency in investigating fraudulent practices and abuses of the discount and 
2137 
privileges exclusively granted to senior citizens ; and 
2138 
10. To establish linkages and work together with the accredited NGOs, people's organizations, 
2139 
and the barangays in their respective areas. 
2140 


 
Section 70. Benefits of Employees working in the City Government.  These are benefits of city 
2141 
government employees apart from their regular salaries and wages. The city government employee 
2142 
will be entitled to fringe benefits. These includes those benefits that are relatively small in value and 
2143 
are not taxable and are called “de minimis benefits.” 
2144 
These privileges furnished or offered to city employees to promote health, goodwill, contentment, or 
2145 
efficiency of city employees. “De minimis benefits”, like fringe benefits, are granted by the city 
2146 
government on top of the employee’s basic compensation but are not considered as taxable 
2147 
compensation for income tax purposes nor subject to the fringe benefit tax.  
2148 
Section 71. The City Fire Station Service.   
2149 
(a) There shall be established in the City at least one (1) fire station with adequate personnel, 
2150 
firefighting facilities, and equipment, subject to the standards, rules and regulations that may 
2151 
be promulgated by the DILG. The City shall provide the necessary land or site of the station. 
2152 
(b) The city fire station shall be headed by a city fire marshal whose qualifications shall be as 
2153 
those provided for under Republic Act No. 9263, as amended, otherwise known as the "Bureau 
2154 
of Fire Protection and Bureau of Jan Management and Penology Professionalization Act of 
2155 
2004. 
2156 
(c) The city fire station shall be responsible for providing emergency services such as the rescue 
2157 
and evacuation of injured people related to incidents and, in general, all fire prevention and 
2158 
suppression measures to secure the safety of life and property of the citizenry. 
2159 
Section 72. The City Jail Service.  
2160 
(a) There shall be established and maintained in the city a secured, clean, adequately equipped, 
2161 
and sanitary jail facility for the custody and safekeeping of prisoners, any fugitive from justice, 
2162 
or person detained awaiting investigation or trial and/or violent mentally ill person who 
2163 
endangers himself or the safety of others, duly certified as such by the proper Medical Health 
2164 
Officer, pending the transfer to a mental institution. 
2165 
(b) The city jail service shall be headed by a City Jail Warden whose qualifications shall be as 
2166 
those provided for under Republic Act No. 9263, as amended, otherwise known as the "Bureau 
2167 
of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 
2168 
2004". One shall assist in the immediate rehabilitation of individuals or detention of prisoners. 
2169 
Great care must be exercised so that human rights of these prisoners are respected and 
2170 
protected, and their spiritual and physical well-being are properly and promptly attended to. 
2171 
 
2172 
Section 73. The City School Division.  
2173 
(a) There shall be established and maintained by the DepED a city school division of the City 
2174 
of Malay, headed by a City Schools Division Superintendent. 
2175 
(b) The City School Division shall be headed by a City Schools Division Superintendent who 
2176 
must possess the necessary qualifications required by the DepED. 
2177 
Section 74. The City Prosecution Service.  
2178 


 
(a) There shall be established in the city a City Prosecution Service to be headed by a City 
2179 
Prosecutor and such number of Assistant City Prosecutors, as may be necessary, who shall be 
2180 
organizationally part of the Department of Justice (DOJ), and under the supervision and control 
2181 
of the Secretary of Justice and whose qualifications, manner of appointment, rank, salary and 
2182 
benefits shall be governed by existing laws covering prosecutors in the DOJ. 
2183 
(b) The City Prosecutor shall handle the criminal prosecution in the Municipal Trial Courts in 
2184 
the city as well as in the Regional Trial Courts for criminal cases originating in the territory of 
2185 
the city and shall render to or for the city such services as are required by law, ordinance or 
2186 
regulation of the DOJ. 
2187 
The Secretary of Justice shall always ensure the adequacy and the quality of prosecution service 
2188 
in the city and for this purpose, shall, in the absence or lack or insufficiency in number of 
2189 
Assistant City Prosecutors as provided hereinabove, designate from among the Assistant 
2190 
Provincial Prosecutors a sufficient number to perform and discharge the functions of the city 
2191 
prosecution service as provided hereinabove. 
2192 
Section 75. Establishment of Extension or Satellite Offices.  There shall be established in the City of 
2193 
Malay extension or satellite offices of the Registry of Deeds, Land Transportation Office, Department 
2194 
of Human Settlements and Urban Development, Government Service Insurance System, Social Security 
2195 
System, Philippine Health Insurance and Overseas Workers Welfare Administration Office, which shall 
2196 
be organizationally part of their respective national offices, and under the supervision and control of 
2197 
their respective heads of national offices arid whose qualifications, manner of appointment, rank, salary 
2198 
and benefits shall be governed by existing laws covering their respective departments or offices. They 
2199 
shall extend services and perform such other functions as mandated by their, respective charters to the 
2200 
residents of the city and its neighboring local government units. 
2201 
 
2202 
Article X 
2203 
Reclamation of Foreshore Lands and Ownership of Waterwork System Water Springs or Water 
2204 
Sources 
2205 
 
2206 
Section 76. Reclamation of Foreshore Lands. The city alone shall have the authority to reclaim 
2207 
foreshore lands, including submerged lands within its jurisdiction in accordance with the provisions of 
2208 
Republic Act No. 1899: Provided, however, that should the city desire to reclaim the said foreshore 
2209 
lands and submerged lands through third parties, the contracts relating thereto shall become effective 
2210 
only when the said contracts shall have been approved by the City Council and City Mayor. 
2211 
 
2212 
Section 77. Ownership of Waterworks System, Water Springs or Water Sources, Roads, Streets, etc. 
2213 
Notwithstanding the provision of Republic Act No. 1383 and other existing laws, all existing 
2214 
waterworks belonging to the national government, water springs and water sources shall be owned by 
2215 
the City of Malay and all revenues therefrom shall accrue to the general fund of the city. All existing 
2216 
municipal, provincial and national roads, streets, bridges, docks, piers, wharves, machineries, 
2217 
equipment and other public works improvements shall be owned by the City of Malay except those 
2218 
that are pre-owned by the Provincial Government, Philippine Port Authority and other National 
2219 
Government Agencies unless turned over to the City Government of Malay.” 
2220 
 
2221 
 
2222 
 
2223 
 
2224 


 
Article XI 
2225 
Transitory and Final Provisions 
2226 
Section 78. Municipal Ordinances.  Existing Ordinances at the Time of the Approval of this Act. All 
2227 
municipal ordinances of the Municipality of Malay existing at the time of the approval of this Act shall 
2228 
continue to be in force within the City of Malay until the Sangguniang Panlungsod shall, by ordinance, 
2229 
provide otherwise. 
2230 
Section 79. Tax Moratorium. Upon the effectivity of this Act, the City of Malay shall maintain a tax 
2231 
moratorium for five (5) years, wherein no increase in the rates of taxes shall be imposed. Furthermore, 
2232 
it shall abide by the provisions of Republic Act No. 7160, otherwise known as the Local Government 
2233 
Code of 1991, which limit the authority of local government units in adjusting tax rates which shall not 
2234 
be oftener than once every five (5) years, but in no case shall such adjustment exceed ten percent (10%) 
2235 
of the rates fixed under this Code. 
2236 
Section 80. Plebiscite. The City of Malay shall acquire corporate existence upon the ratification of its 
2237 
creation by a majority of the votes cast by the qualified voters in a plebiscite to be conducted in the 
2238 
present Municipality of Malay within sixty (60) days from the approval of this Act. The expenses for 
2239 
such plebiscite shall be borne by the Municipality of Malay. The Commission on Elections shall conduct 
2240 
and supervise such plebiscite. 
2241 
Section 81. Officials of the City of Malay. The present elective officials of the Municipality of Malay 
2242 
shall continue to exercise their powers and functions until such time that a new election is held and the 
2243 
duly elected officials shall have already qualified and assumed their offices. The appointive officials 
2244 
and employees of the city shall likewise continue exercising their functions and duties and they shall 
2245 
be automatically absorbed by the city government of Malay. 
2246 
Section 82. Succession Clause. The City of Malay shall succeed to all the assets, properties, liabilities 
2247 
and obligations of the Municipality of Malay. 
2248 
 
2249 
Section 83. Representative District.  Until otherwise provided by law, the City of Malay shall 
2250 
continue to be a part of the Second Congressional District of the Province of Aklan. 
2251 
Section 84. Reservation. Nothing herein contained shall preclude the determination by the appropriate 
2252 
agency or forum of boundary disputes or cases involving questions or territorial jurisdiction between 
2253 
the City of Malay and any of the adjoining local government units even after the effectivity of this Act. 
2254 
Section 85. Applicability of Laws. The provisions of Republic Act No. 7160, otherwise known as the 
2255 
Local Government Code of 1991, other laws pertaining to the Province of Aklan, and such laws as are 
2256 
applicable to cities shall govern the City of Malay insofar as they are not inconsistent with the 
2257 
provisions of this Act. Provided, however, that the land requirement prescribed under Republic Act 
2258 
No. 9009 shall not apply to the City of Malay. 
2259 
Section 86. Separability Clause. If, for any reason or reasons, any part or provisions of this Charter 
2260 
shall be held unconstitutional, invalid, or inconsistent with the Local Government Code of 1991, the 
2261 
other parts or provisions hereof which are not affected thereby shall continue to be in full force and 
2262 
effect. Moreover, in cases where this Charter is silent or unclear, the pertinent provisions of the Local 
2263 
Government Code shall govern, if so, provided therein. 
2264 
Section 87. Repealing Clause. All laws, decrees, rules or regulations or parts thereof inconsistent with 
2265 
the provisions of this Act are hereby repealed, amended, or modified accordingly. 
2266 
Section 88. Effectivity Clause. This Act shall take effect upon its approval. 
2267 
Approved, 
2268