ARTICLE
I
General
Provisions
Section 1. Title. — This Act shall be known as the "Charter
of the City of San Fernando."
Sec.
2. The City of San Fernando. — The Municipality of
San Fernando shall be converted into a component city to be known as
the City of San Fernando, hereinafter referred to as the City, which
shall comprise the present territory of the Municipality of San
Fernando, Pampanga Province. The territorial jurisdiction of the City
shall be within the present metes and bounds of the Municipality of San
Fernando.
The
City of San Fernando, Pampanga has the following metes and bounds:
Bounded on the South-West along line 1-11 by the Municipality of
Bacolor, Pampanga; Bounded on the North-West, along line 11-15 by the
City of Angeles; Bounded on the North-East, along line 15-27 by the
Municipality of Mexico, Pampanga; Bounded on the South-East along line
27-33 by the Municipality of Sto. Tomas, Pampanga; Bounded on the South
along line 33-36 by the Municipality of Bacolor, Pampanga to the point
of beginning:
Beginning
from:
POINT
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Containing
an area of six thousand seven hundred seventy four hectares (6,774
has.) more or less, based on Cad-71, San Fernando Cadastre.
The
foregoing provision shall be without prejudice to the resolution by the
appropriate agency or forum of existing boundary disputes or cases
involving questions of territorial jurisdiction between the City of San
Fernando and the adjoining local government units.
Sec.
3. Corporate Powers of the City. — The City
constitutes a political body corporate and as such is endowed with the
attributes of perpetual succession and possessed of the powers which
pertains to a municipal corporation to be exercised in conformity with
the provision of this Charter. The City shall have the following
corporate powers:
(a)
To have a continuous succession in its corporate name;
(b)
To sue and be sued;
(c)
To have and use a corporate seal;
(d)
To acquire, hold and convey real or personal property;
(e)
To enter into any contract and/or agreement; and
(f)
To exercise such other powers, prerogatives or authority subject to the
limitations provided in this Act or laws.
Sec.
4. General Powers. — The City shall have a common
seal and may alter the same at pleasure. It shall exercise the powers
to levy taxes; to close and open roads, streets, alleys, parks or
squares; to take, purchase, receive, hold, lease, convey and dispose of
real and personal property for the general interests of the City; to
expropriate or condemn private property for public use; to contract and
be contracted with, to sue and be sued; to prosecute and defend to
final judgment and execution suits wherein the City is involved or
interested in and to exercise all the powers as are granted to
corporations or as hereinafter granted.
Sec.
5. Liability for Damages. — The City and its
officials shall not be exempt from liability for death or injury to
persons or damage to property.
Sec.
6. Jurisdiction of the City. — The jurisdiction of
the City of San Fernando for police purposes only, shall be coextensive
with its territorial jurisdiction and for the purpose of protecting and
ensuring the purity of the water supply of the City, such police
jurisdiction shall also extend over all the territory within the
drainage area of such water supply, or within one hundred meters (100
m.) of any reservoir, conduit, canal, aqueduct or pumping station used
in connection with the city water service.
The
regional trial courts and the city courts of the City of San Fernando
shall have concurrent jurisdiction with the regional trial courts and
the metropolitan trial courts or city or municipal trial courts of the
adjoining municipalities to try crimes and misdemeanor committed within
the said drainage area, or within said space of one hundred meters (100
m.). The court first taking jurisdiction of such offense shall
thereafter retain exclusive jurisdiction thereof. But any license that
may be issued within said zone, area or space shall be granted by the
proper authorities of the city or municipality concerned, and the fees
arising therefrom shall accrue to the treasury of the said city or
municipality.
ARTICLE
II
City
Officials in General
Sec.
7. The Officials of the City of San Fernando. — (a)
There shall be in the City: a city mayor, a city vice mayor,
sangguniang panlungsod members, a secretary to the sangguniang
panlungsod, a city treasurer and an assistant city treasurer, a city
assessor and an assistant city assessor, a city accountant, a city
budget officer, a city planning and development coordinator, a city
engineer, a city health officer, a city civil registrar, a city
administrator, a city legal officer, a city social welfare and
development officer, a city veterinarian, a city general services
officer, a city agriculturist, a city cooperatives officer, and an
environment and natural resources officer;
(b)
In addition thereto, the city mayor may appoint a city architect, a
city information officer and a city population officer;
(c)
The City shall establish a city fire station to be headed by a city
fire marshal, a city jail to be headed by a city jail warden, a city
school division to be headed by a city school division superintendent,
and a city prosecution service to be headed by a city prosecutor; and
(d)
The City may:
(1)
Maintain existing offices not mentioned in subsections (a) and (b)
hereof;
(2)
Create such other offices as may be necessary to carry out the purposes
of the city government; or
(3)
Consolidate the functions of any office with those of another in the
interest of efficiency and economy.
Unless
otherwise provided herein, heads of departments and offices shall be
appointed by the city mayor with the concurrence of the majority of all
the sangguniang panlungsod members, subject to civil service law, rules
and regulations. The sangguniang panlungsod shall act on the
appointment within fifteen (15) days from the day of its submission,
otherwise the same shall be deemed confirmed.
ARTICLE
III
The
City Mayor and Vice Mayor
Sec.
8. The City Mayor. — (A) The city mayor shall be the
chief executive of the City. He shall be elected at large by the
qualified voters of the City.
No
person shall be eligible for the position of city mayor unless at the
time of the election:
(1)
He is at least twenty-one (21) years of age;
(2)
An actual resident of the City for at least one (1) year prior to his
election; and
(3)
A qualified voter therein.
He
shall hold office for three (3) years, unless sooner removed, and shall
receive a minimum monthly compensation corresponding to salary grade
thirty (30) as prescribed under Republic Act No. 6758 and the
implementing guidelines issued pursuant thereto.
(B)
The city mayor, as the chief executive of the city government shall
exercise such powers and perform such duties and functions as provided
by the Local Government Code of 1991 and other laws:
(1)
Exercise those powers expressly granted to him by law, those
necessarily implied therefrom, as well as powers necessary, appropriate
or incidental for the efficient and effective governance of the City
and those which are essential to the promotion of general welfare:
(a)
Determine the guidelines of city policies and be responsible to the
sangguniang panlungsod for the program of government;
(b)
Direct the formulation of the city development plan with the assistance
of the city development council and upon approval thereof by the
sangguniang panlungsod, implement the same;
(c)
Present the program of government and propose policies and projects for
the consideration of the sangguniang panlungsod at the opening of the
regular session of the sangguniang panlungsod every calendar year and
as often as may be deemed necessary as the general welfare of the
inhabitants and the needs of the city government may require;
(d)
Initiate and propose legislative measures to the sangguniang panlungsod
and as often as may be deemed necessary, provide such information and
data needed or requested by said sanggunian in the performance of its
legislative functions;
(e)
Appoint all officials and employees whose salaries and wages are wholly
or mainly paid out of city funds and whose appointments are not
otherwise provided for in this Act as well as those he may be
authorized by law to appoint except those who are to be appointed by
the vice mayor as provided in Sec. 9 hereof;
(f)
Represent the City in all its business transactions and sign on its
behalf all bonds, contracts, obligations and such other documents with
authority from the sangguniang panlungsod or pursuant to law or
ordinance;
(g)
Carry out such emergency measures as may be necessary during and in the
aftermath of man-made and natural disasters and calamities;
(h)
Determine the time, manner and place of payment of salaries or wages of
the city officials and employees, in accordance with law or ordinance;
(i)
Allocate and assign office space to the city officials and employees
who, by law or ordinance, are entitled to such space in the city hall
and other buildings owned or leased by the city government;
(j)
Ensure that all executive officials and employees of the City
faithfully discharge their duties and functions as provided by law and
this Act and cause to be instituted administrative or judicial
proceedings against any official or employee of the City who may have
committed an offense in the performance of his official duties;
(k)
Examine the books, records and other documents of all offices,
officials, agents or employees of the City and, in aid of his executive
powers and authority, require all national officials and employees
stationed in or assigned to the City to make available to him such
books, records and other documents in their custody except those
classified by law as confidential;
(l)
Furnish copies of executive orders issued by him to the office of the
governor within seventy-two (72) hours after their issuance;
(m)
Visit component barangays of the City at least once every six (6)
months to deepen his understanding of problems and conditions, listen
and give appropriate counsel to local officials and inhabitants of
general laws and ordinances which especially concern them, and
otherwise conduct visits and inspections to ensure that the governance
of the City will improve the quality of life of the inhabitants;
(n)
Act on leave applications of officials and employees appointed by him
and the commutation of the monetary value of their leave credits in
accordance with law;
(o)
Authorize official trips of city officials and employees outside of the
City for a period not exceeding thirty (30) days;
(p)
Call upon any national official or employee stationed in or assigned to
the City to advise him on matters affecting the City and to make
recommendations thereon; coordinate with said officials and employees
in the formulation and implementation of plans, programs and projects;
and when appropriate, initiate an administrative or judicial action
against a national government official or employee who may have
committed an offense in the performance of his official duties while
stationed in or assigned to the City;
(q)
Authorize payment for medical care, necessary transportation,
subsistence, hospital or medical fees of city officials and employees
who are injured while in the performance of their official duties and
functions, subject to availability of funds;
(r)
Solemnize marriages, any provision of law to the contrary
notwithstanding;
(s)
Conduct an annual palarong panlungsod which shall feature traditional
sports and disciplines included in national and international games, in
coordination with the Department of Education, Culture and Sports; and
(t)
Submit to the provincial governor the following reports: an annual
report containing a summary of all matters pertinent to the management;
administration and development of the City and all information and data
relative to its political, social and economic conditions; supplemental
reports when unexpected events and situations arise at any time during
the year, particularly when man-made or natural disasters or calamities
affect the general welfare of the City.
(2)
Enforce all laws and ordinances relative to the governance of the City
and in the exercise of its appropriate powers as well as implement all
approved policies, programs, projects, services and activities of the
City and in addition shall:
(a)
Ensure that the acts of the City's component barangays and of its
officials and employees are within the scope of their prescribed
powers, duties and functions;
(b)
Call conventions, conferences, seminars or meetings of elective or
appointive officials of the City, including provincial and national
officials and employees stationed in or assigned to the City, at such
time and place and on such subject he may deem important for the
promotion of the general welfare of the local government unit and its
inhabitants;
(c)
Issue such executive orders for the faithful and appropriate
enforcement and execution of laws and ordinances;
(d)
Be entitled to carry the necessary firearms within his territorial
jurisdiction after the procurement of necessary permit(s) and/or
license(s) from duly constituted authorities;
(e)
Act as the deputized representative of the National Police Commission,
formulate the peace and order plan of the City, upon its approval,
implement the same; and as such exercise general and operational
control and supervision over the police forces in the City in
accordance with Republic Act No. 6975; and
(f)
Call upon the appropriate law enforcement agencies to suppress
disorder, riot, lawless violence, rebellion or sedition, or apprehend
violators of the law when public interest so requires and the city
police forces are inadequate to cope with the situation or the
violators.
(3)
Initiate and maximize the generation of resources and revenues and
apply the same to the implementation of development plans, program
objectives and priorities, particularly the resources and revenues
programmed for agro-industrial development and countryside growth and
progress, and relative thereto, shall:
(a)
Require each head of an office or department to prepare and submit an
estimate of appropriations for the ensuing calendar year, in accordance
with the provisions of the Local Government Code of 1991;
(b)
Prepare and submit to the sanggunian for approval the executive and
supplemental budgets of the City for the ensuing calendar year in the
manner provided for under the Local Government Code of 1991;
(c)
Ensure that all taxes and other revenues of the City are collected and
that city funds are applied to the payment of expenses and settlement
of obligations of the City, in accordance with law or ordinance;
(d)
Issue licenses and permits and suspend or revoke the same for any
violation of the conditions upon which said licenses or permits had
been issued pursuant to law or ordinance. This also includes the
issuance of licenses and permits to gambling operations authorized by
law subject to the ordinance of the sangguniang panlungsod;
(e)
Issue permits without need of approval therefor from any national
agency, for the holding of activities for any charitable or welfare
purpose, excluding prohibited games or shows contrary to law, public
policy and public morals;
(f)
Require owners of illegally constructed houses, buildings or other
structures to obtain the necessary permit, subject to such fines and
penalties as may be imposed by law or ordinance, or to make necessary
changes in the construction of the same when said construction violates
any law or ordinance, or to order the demolition or removal of said
house, building or structure within the period prescribed by law or
ordinance;
(g)
Adopt adequate measures to safeguard and conserve land, mineral forest,
marine and other resources of the City;
(h)
Provide efficient and effective property and supply management in the
City; and protect the funds, credits, rights and other properties of
the City; and
(i)
Institute or cause to be instituted administrative or judicial
proceedings for violation of ordinances in the collection of taxes,
fees or charges, and for the recovery of funds and property; and cause
the City to be defended against all suits to ensure that its interests,
resources and rights shall be adequately protected.
(4)
Ensure the delivery of basic services and the provision of adequate
facilities and in addition thereto:
(a)
Ensure that the construction and repair of roads and highways funded by
the national government shall be, as far as practicable, carried out in
a spatially contiguous manner and in coordination with the construction
and repair of the roads and bridges of the City and of the province; and
(b)
Coordinate the implementation of technical services, including public
works and infrastructure programs, rendered by national offices and
provincial office.
(5)
Exercise such other powers and perform such other duties and functions
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
9. The City Vice Mayor. — (a) There shall be a vice
mayor who shall be elected in the same manner as the city mayor and
shall at the time of his election possess the same qualifications as
the city mayor. He shall hold office for three (3) years, unless sooner
removed, and shall receive a monthly compensation corresponding to
salary grade twenty-six (26) as prescribed under Republic Act No. 6758
and the implementing guidelines issued pursuant thereto.
(b)
The city vice mayor shall exercise the following duties:
(1)
Act as presiding officer of the sangguniang panlungsod and sign all
warrants drawn on the city treasury for all expenditures appropriated
for the operation of the sangguniang panlungsod;
(2)
Subject to civil service law, rules and regulations, appoint all
officials and employees including the secretary of the sangguniang
panlungsod, and such employees of the individual members of the
sangguniang panlungsod, except those whose manner of appointment is
specifically provided for under existing laws;
(3)
Assume the office of the city mayor for the unexpired term of the
latter in the event of permanent vacancy;
(4)
Exercise the powers and perform the duties and functions of the city
mayor in cases of temporary vacancy; and
(5)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
ARTICLE
IV
The
Sangguniang Panlungsod
Sec.
10. The Sangguniang Panlungsod. — The sangguniang
panlungsod, the legislative body of the City, shall be composed of the
city vice mayor as presiding officer, ten (10) regular sanggunian
members, the president of the city chapter of the liga ng mga barangay,
the president of the panlungsod na pederasyon ng mga sangguniang
kabataan and the sectoral representatives, as members.
(A)
In addition thereto, there shall be three (3) sectoral representatives:
one (1) from the women; and as shall be determined by the sangguniang
panlungsod within ninety (90) days prior to the holding of the local
elections, one (1) from the agricultural or industrial workers, and one
(1) from the other sectors, including the urban poor, indigenous
cultural communities or disabled persons.
(B)
The regular members of the sangguniang panlungsod and the sectoral
representatives shall be elected in the manner as may be provided for
by law. The elective members of the sangguniang panlungsod shall
possess the qualifications as provided under Sec. 39 of Republic Act
No. 7160.
(C)
They shall receive such compensation, emoluments and allowances as may
be determined by law.
(D)
The sangguniang panlungsod shall:
(1)
Approve ordinances and pass resolutions necessary for an efficient and
effective city government, and relative thereto shall:
(a)
Review all ordinances approved by the sangguniang barangay and
executive orders issued by the punong barangay to determine whether
these are within the scope of the prescribed powers of the sangguniang
barangay and of the punong barangay;
(b)
Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose
penalties for the violation of said ordinances;
(c)
Approve ordinances imposing a fine not exceeding Five thousand pesos
(P5,000.00) or an imprisonment for a period not exceeding one (1) year,
or both at the discretion of the court, for violation of a city
ordinance;
(d)
Adopt measures to protect the inhabitants of the City on harmful
effects of man-made or natural disasters and calamities, and to provide
relief services and assistance for victims during and in the aftermath
of said disasters or calamities and in their return to productive
livelihood following said events;
(e)
Enact ordinances intended to prevent, suppress and impose appropriate
penalties for habitual drunkenness in public places, vagrancy,
mendicancy, prostitution, establishment and maintenance of houses of
ill repute, gambling and other prohibited games of chance, fraudulent
devices and ways to obtain money or property, drug addiction,
maintenance of drug dens, drug pushing, juvenile delinquency, the
printing, distribution or exhibition of obscene or pornographic
materials or publications, and such other activities inimical to the
welfare and morals of the inhabitants of the City;
(f)
Protect the environment. To this end, it may set aside, at least, ten
percent (10%) of its development funds for the purpose of maintaining
and enhancing the ecological balance of the City. It may also impose
appropriate penalties for acts which endanger the environment, such as
dynamite fishing and other forms of destructive fishing, illegal
logging, smuggling of logs, smuggling of natural resources products and
of endangered species of flora and fauna, slash-and-burn farming and
such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes or of ecological
imbalance;
(g)
Subject to the provisions of the Local Government Code of 1991 and the
pertinent laws, determine the powers and duties of officials and
employees of the City;
(h)
Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or
mainly from city funds and provide for expenditures necessary for the
proper conduct of programs, projects, services and activities of the
city government;
(i)
Authorize the payment of compensation to a qualified person not in the
government service who fills up a temporary vacancy or grant honorarium
to any qualified official or employee designated to fill a temporary
vacancy in a concurrent capacity at the rate authorized by law;
(j)
Provide a mechanism and the appropriate funds therefor, to ensure the
safety and protection of all city government property, public
documents, or records such as those relating to property inventory,
land ownership, record of births, marriages, deaths, assessments,
taxation, accounts, business permits and such other records and
documents of public interest in the offices and departments of the city
government;
(k)
When the finances of the city government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary
and high school teachers, and other national government officials
stationed in or assigned to the City;
(l)
Provide legal assistance to city and barangay officials including the
members of the city police who, in the performance of their official
duties or on the occasion thereof, have to initiate judicial
proceedings or defend themselves against legal actions. The sangguniang
panlungsod may authorize the city mayor to engage the services of
private counsel for this purpose; and
(m)
Provide for group insurance or additional insurance coverage for all
officials, including members of barangay tanod brigades and other
service units, with public or private insurance companies, when the
finances of the city government allows said coverage.
(2)
Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the City, with
particular attention to agro-industrial development and city-wide
growth and progress, and relative thereto, shall:
(a)
Approve the annual and supplemental budgets of the city government and
appropriate funds for specific programs, projects, services and
activities of the City, or for other purposes not contrary to law in
order to promote the general welfare of the City and its inhabitants;
(b)
Subject to the provisions of Book II of the Local Government Code of
1991 and the applicable laws, and upon the majority vote of all the
members of the sangguniang panlungsod, enact ordinances levying taxes,
fees and charges, prescribing the rates thereof for general and
specific purposes and granting tax exemption, incentive or
relief;
(c)
Subject to the provisions of Book II of the Local Government Code of
1991 and upon the majority vote of all the members of the sangguniang
panlungsod, authorize the city mayor to negotiate and contract loans
and other forms of indebtedness;
(d)
Subject to the provisions of Book II of the Local Government Code of
1991 and applicable laws and upon the majority vote of all the members
of the sangguniang panlungsod, enact ordinances authorizing the
floating of bonds or other instruments of indebtedness, for the purpose
of raising funds to finance development projects;
(e)
Appropriate funds for the construction and maintenance or the rental of
buildings for the use of the City and upon the majority vote of all the
members of the sangguniang panlungsod, authorize the city mayor to
lease to private parties such public buildings held in a proprietary
capacity, subject to existing laws, rules and regulations;
(f)
Prescribe reasonable limits and restraints on the use of property
within the jurisdiction of the City;
(g)
Adopt a comprehensive land use plan for the City and that, the
formulation, adoption or modification of said plan shall be in
coordination within the approved provincial comprehensive land use plan;
(h)
Reclassify lands within the jurisdiction of the City subject to the
pertinent provisions of the Local Government Code of
1991;
(i)
Enact integrated zoning ordinance in consonance with the approved
comprehensive land use plan, subject to existing laws, rules and
regulations; establish fire limits or zones, particularly in populous
centers, and regulate the construction, repair or modification of
buildings within said fire limits or zones in accordance with the
provisions of the Fire Code;
(j)
Subject to national law, process and approve subdivision plans for
residential, commercial or industrial purposes and other development
purposes, and to collect processing fees and other charges, the
proceeds of which shall accrue entirely to the City where approval of a
national agency or office is required, said approval shall not be
withheld for more than thirty (30) days from receipt of the
application. Failure to act on the application within the period stated
above shall be deemed as approved thereof;
(k)
Subject to the provisions of Book II of the Local Government Code of
1991, grant the exclusive privilege of constructing fish corrals or
fish pens, or the taking or catching of bangus fry, prawn fry or
kawag-kawag, or fry of any species of fish within the city waters;
(l)
With the concurrence of at least two-thirds (2/3) of all the members of
the sangguniang panlungsod, grant tax exemptions, incentives or relief
to entities engaged in community growth-inducing industries, subject to
the provisions of the Local Government Code of 1991;
(m)
Grant loans or provide grants to other local government units or to
national, provincial and city charitable, benevolent or educational
institutions operated and maintained within the City;
(n)
Regulate the numbering of residential, commercial and other buildings;
and
(o)
Regulate the inspection, weighing and measuring of articles of
commerce.
(3)
Subject to the provisions of the Local Government Code of 1991, enact
ordinances granting franchises and authorizing the issuance of permits
or licenses, upon such conditions and for such purposes intended to
promote the general welfare of the inhabitants of the City and pursuant
to this legislative authority, shall:
(a)
Fix and impose reasonable fees and charges for all services rendered by
the city government to private persons or entities;
(b)
Regulate or fix license fees for any business or practice of profession
within the City and the conditions under which the license for said
business or practice of profession may be revoked and enact ordinances
levying taxes thereon;
(c)
Provide for and set the terms and conditions under which public
utilities owned by the City shall be operated by the city government,
and prescribe the conditions under which the same may be leased to
private persons or entities, preferably cooperatives;
(d)
Regulate the display of and fix the license fees for signs, signboards
or billboards at the place or places where the profession or business
advertised thereby is, in whole or in part, conducted;
(e)
Any law to the contrary notwithstanding, authorize and license the
establishment, operation and maintenance of cockpits, and regulate
cockfighting and commercial breeding of gamecocks. The existing rights
should not be prejudiced;
(f)
Subject to the guidelines prescribed by the Department of
Transportation and Communications, regulate the operation of tricycles
and grant franchises for the operation thereof within the territorial
jurisdiction of the City; and
(g)
Upon approval by a majority vote of all the members of the sangguniang
panlungsod, grant a franchise to any person, partnership, corporation
or cooperative to do business within the City; establish, construct,
operate and maintain ferries, wharves, markets or slaughterhouses; or
undertake such other activities within the City as may be allowed by
existing laws. The cooperatives shall be given preference in the grant
of such franchise.
(4)
Regulate activities relative to the use of land, buildings and
structures within the City in order to promote the general welfare and
for said purpose, shall:
(a)
Declare, prevent or abate any nuisance;
(b)
With the concurrence of a majority of the members of the sangguniang
panlungsod, a quorum being present, deny the entry of legalized
gambling by ordinance into any part of the City or regulate its
location in the City;
(c)
Require that buildings and the premises thereof and any land within the
City be kept and maintained in a sanitary condition; impose penalties
for any violation thereof; or upon failure to comply with said
requirement, have the work done at the expense of the owner,
administrator or tenant concerned require the filling up of any land or
premises to a grade necessary for proper sanitation;
(d)
Regulate the disposal of clinical and other wastes from hospitals,
clinics and other similar establishments;
(e)
Regulate the establishment, operation and maintenance of cafes,
restaurants, beerhouses, hotels, motels, inns, pension houses, lodging
houses and other similar establishments, including tourist guides and
transports;
(f)
Regulate the sale, giving away or dispensing of any intoxicating malt,
vino, mixed or fermented liquors at any retail outlets;
(g)
Regulate the establishment and provide for the inspection of steam
boilers or any heating device in buildings and the storage of
inflammable and highly combustible materials within the City;
(h)
Regulate the establishment, operation and maintenance of any
entertainment or amusement facilities, including the theatrical
performances, circuses, billiard pools, public dancing schools, public
dance halls, sauna baths, massage parlors and other places for
entertainment or amusement; regulate such other events or activities
for amusement or entertainment, particularly those which tend to
disturb the community or annoy the inhabitants, or require the
suspension or suppression of the same; or prohibit certain forms of
amusement or entertainment in order to protect the social and moral
welfare of the community;
(i)
Regulate the establishment, operation and maintenance of funeral
parlors and the burial or cremation of the dead, subject to existing
laws, rules and regulations; and
(j)
Provide for the impounding of stray animals; regulate the keeping of
animals in homes or as part of a business, and the slaughter, sale or
disposition of the same; and adopt measures to prevent and penalize
cruelty to animals.
(5)
Approve ordinances which shall ensure the efficient and effective
delivery of the basic services and facilities as provided for under the
Local Government Code of 1991, and in addition to said services and
facilities, shall:
(a)
Provide for the establishment, maintenance, protection and conservation
of communal forest and watersheds, tree parks, greenbelts, mangroves
and other similar forest development projects;
(b)
Establish markets, slaughterhouses or animal corrals and authorize the
operation thereof by the city government; and regulate the construction
and operation of private markets, talipapas or other similar buildings
and structures;
(c)
Authorize the establishment, maintenance and operation by the city
government of ferries, wharves, and other structures intended to
accelerate productivity related to marine and seashore or offshore
activities;
(d)
Regulate the preparation and sale of meat, poultry, fish, vegetables,
fruits, fresh dairy products, and other foodstuffs for public
consumption;
(e)
Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks
and other public places and approve the construction, improvement,
repair and maintenance of the same; establish bus and vehicle stops and
terminals or regulate the use of the same by privately-owned vehicles
which serve the public; regulate garages and operation of conveyances
for hire; designate stands to be occupied by public vehicles when not
in use; regulate the putting up of signs, signposts, awnings and awning
posts on the streets; and provide for the lighting, cleaning and
sprinkling of streets and public places;
(f)
Regulate traffic on all streets and bridges; prohibit encroachments or
obstacles thereon and, when necessary in the interest of public
welfare, authorize the removal of encroachments and illegal
constructions in public places;
(g)
Subject to existing laws, establish and provide for the maintenance,
repair and operation of an efficient waterworks system to supply water
for the inhabitants and to purify the source of the water supply;
regulate the construction, maintenance, repair and use of hydrants,
pumps, cisterns and reservoirs; protect the purity and quantity of the
water supply of the City and, for this purpose, extend the coverage of
appropriate ordinances over all territory within the drainage area of
said water supply and within one hundred meters (100 m.) of the
reservoir, canal, conduit, aqueduct, pumping station or watershed used
in connection with the water service; and regulate the consumption, use
or wastage of water and fix and collect charges therefor;
(h)
Regulate the drilling and excavation of the ground for the laying of
water, gas, sewer, and other pipes and the construction, repair and
maintenance of public drains, sewers, cesspools, tunnels and similar
structures; regulate the placing of poles and the use of crosswalks,
curbs and gutters; adopt measures to ensure public safety against open
canals, manholes, live wires and other similar hazards to life and
property; and regulate the construction and use of private water
closets, privies and other similar structures in buildings and homes;
(i)
Regulate the placing, stringing, attaching, installing, repair and
construction of all gas mains, electric telegraph and telephone wires,
conduits, meters and other apparatus; and provide for the correction,
condemnation or removal of the same when found to be dangerous to the
welfare of the inhabitants;
(j)
Subject to the availability of funds and the existing laws, rules and
regulations, establish and provide for the operation of vocational and
technical schools and similar post secondary institutions and, with the
approval of the Department of Education, Culture and Sports and subject
to existing laws on tuition fees, fix and collect reasonable tuition
fees and other school charges in educational institutions supported by
the city government;
(k)
Establish a scholarship fund for poor but deserving students in schools
located within its jurisdiction or for students residing within the
City;
(l)
Approve measures and adopt quarantine regulations to prevent the
introduction and spread of diseases;
(m)
Provide for an efficient and effective system of solid waste and
garbage collection and disposal and prohibit littering and the placing
or throwing of garbage, refuse and other filth and wastes;
(n)
Provide for the care of disabled persons, paupers, the aged, the sick,
persons of unsound mind, abandoned minors, juvenile delinquents, drug
dependents, abused children and other needy and disadvantaged persons,
particularly children and the youth below eighteen (18) years of age;
and subject to availability of funds, establish and provide for the
operation of centers and facilities for the said needy and
disadvantaged persons;
(o)
Establish and provide for the maintenance and improvement of jails and
detention centers, institute a sound jail management program, and
appropriate funds for the subsistence of detainees and convicted
prisoners in the City;
(p)
Establish a city council whose purpose is the promotion of culture and
the arts, coordinate with government agencies and nongovernmental
organizations and, subject to the availability of funds, appropriate
funds for the support and development of the same; and
(q)
Establish a city council for the elderly which shall formulate policies
and adopt measures mutually beneficial to the elderly and to the
community; provide incentives for nongovernmental agencies and entities
and, subject to the availability of funds, appropriate funds to support
programs and projects for the benefit of the elderly.
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
ARTICLE
V
Process
of Legislation
Sec.
11. Internal Rules of Procedure. — (a) On the first
regular session following the election of its members and within ninety
(90) days thereafter, the sangguniang panlungsod shall adopt or update
its existing rules of procedure.
(b)
The rules of procedure shall provide for the following:
(1)
The organization of the sanggunian and the election of its officers as
well as the creation of standing committees which shall include, but
shall not be limited to, the committees on appropriations, revenues,
engineering and public works, education and health, women and family,
human rights, youth and sports development, environmental protection,
peace and order and traffic, and cooperatives; the general jurisdiction
of each committee; and the election of the chairman and members of each
committee;
(2)
The order and calendar of business for each session;
(3)
The legislative process;
(4)
The parliamentary procedures which include the conduct of members
during sessions;
(5)
The discipline of members for disorderly behavior and absences without
justifiable cause for four (4) consecutive sessions for which they may
be censured, reprimanded or excluded from the session, suspended for
not more than sixty (60) days, or expelled. The penalty of suspension
or expulsion shall require the concurrence of at least two-thirds (2/3)
vote of all the sanggunian members. A member convicted by final
judgment to imprisonment of at least one (1) year for any crime
involving moral turpitude shall be automatically expelled from the
sanggunian; and
(6)
Such other rules as the sanggunian may adopt.
Sec.
12. Full Disclosure of Financial and Business
Interests of Sangguniang Panlungsod Members. — (a) Every sangguniang
panlungsod member shall, upon assumption to office, make a full
disclosure of his business and financial interests. He shall also
disclose any business, financial, professional relationship or any
relation by affinity or consanguinity within the fourth civil degree,
which he may have with any person, firm or entity affected by any
ordinance or resolution under consideration by the sanggunian of which
he is a member, which relationship may result in conflict of interests.
Such relationship shall include:
(1)
Ownership of stock or capital, or investment in the entity or firm to
which the ordinance or resolution may apply; and
(2)
Contracts or agreements with any person or entity which the ordinance
or resolution under consideration may affect.
In the
absence of a specific constitutional or statutory provisions applicable
to this situation, "conflict of interest" refers in general to one
where it may be reasonably deduced that a member of a sanggunian may
not act in the public interest due to some private, pecuniary or other
personal considerations that may tend to affect his judgment to the
prejudice of the service or the public.
(b)
The disclosure required under this Act shall be made in writing and
submitted to the secretary of the sanggunian or the secretary of the
committee of which he is a member. The disclosure shall, in all cases,
form part of the record of the proceedings and shall be made in the
following manner:
(1)
Disclosure shall be made before the member participates in the
deliberations on the ordinance or resolution under consideration. If
the member did not participate during the deliberations, the disclosure
shall be made before voting on the ordinance or resolution on second
and third readings; and
(2)
Disclosure shall be made when a member takes a position or makes a
privilege speech on a matter that may affect the business interest,
financial connection or professional relationship described
herein.
Sec.
13. Sessions. — (a) On the first day of the session
immediately following the election of its members, the sangguniang
panlungsod shall, by resolution, fix the day, time and place of its
sessions. The minimum number of regular sessions shall be once a week
for the sangguniang panlungsod and twice a month for the sangguniang
barangay.
(b)
When the public interest so demands, special sessions may be called by
the city mayor or by a majority of the members of the sanggunian.
(c)
All sanggunian sessions shall be open to the public unless a
closed-door session is ordered by an affirmative vote of a majority of
the members present, there being a quorum, in the public interest or
for reasons of security, decency or morality. No two (2) sessions,
regular or special, may be held in a single day.
(d)
In the case of special sessions of the sanggunian, a written notice to
the members shall be served personally at the members' usual place of
residence at least twenty-four (24) hours before the special session is
held.
Unless
otherwise concurred in by two-thirds (2/3) vote of the sanggunian
members present, there being a quorum, no other matters may be
considered at a special session except those stated in the notice.
(e)
The sanggunian shall keep a journal and record of its proceedings which
may be published upon resolution of the sangguniang panlungsod.
Sec.
14. Quorum. — (a) A majority of all the members of
the sanggunian who have been elected and qualified shall constitute a
quorum to transact official business. Should a question of quorum be
raised during a session, the presiding officer shall immediately
proceed to call the roll of the members and thereafter announce the
results.
(b)
Where there is no quorum, the presiding officer may declare a recess
until such time as a quorum is constituted, or a majority of the
members present may adjourn from day to day and may compel the
immediate attendance of any member absent without justifiable cause by
designating a member of the sanggunian, to be assisted by a member or
members of the police force assigned in the territorial jurisdiction of
the City of San Fernando, to arrest the absent member and present him
at the session.
(c)
If there is still no quorum despite the enforcement of the immediately
preceding subsection, no business shall be transacted. The presiding
officer, upon proper motion duly approved by the members present, shall
then declare the session adjourned for lack of quorum.
Sec.
15. Approval of Ordinances. — (a) Every ordinance
enacted by the sangguniang panlungsod shall be presented to the city
mayor. If the city mayor approves the same, he shall affix his
signature on each and every page thereof; otherwise, he shall veto it
and return the same with his objections to the sanggunian, which may
proceed to reconsider the same. The sanggunian may override the veto of
the city mayor by two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all legal intents and
purposes.
(b)
The veto shall be communicated by the city mayor to the sanggunian
within ten (10) days; otherwise, the ordinance shall be deemed approved
as if he had signed it.
Sec.
16. Veto Power of the City Mayor. — (a) The city
mayor may veto any ordinance of the sangguniang panlungsod on the
ground that it is ultra vires or prejudicial to the public welfare,
stating his reasons thereof in writing.
(b)
The city mayor shall have the power to veto any particular item or
items of an appropriations ordinance, an ordinance or resolution
adopting a local development plan, any public investment program or an
ordinance directing the payment of money or creating liability. In such
case, the veto shall not affect the item or items which are not
objected to. The vetoed item or items shall not take effect unless the
sangguniang panlungsod overrides the veto in the manner herein
provided; otherwise, the item or items in the appropriations ordinance
of the previous year corresponding to those vetoed, if any, shall be
deemed enacted.
(c)
The city mayor may veto an ordinance or resolution only once. The
sanggunian may override the veto of the city mayor by two-thirds (2/3)
vote of all its members, thereby making the ordinance effective even
without the approval of the city mayor.
Sec.
17. Review of City Ordinances by the Sangguniang
Panlalawigan. — (a) Within three (3) days after approval, the secretary
to the sangguniang panlungsod shall forward to the sangguniang
panlalawigan for review, copies of approved ordinances and the
resolutions approving the local development plans and public investment
programs formulated by the local development councils.
(b)
Within thirty (30) days after receipt of copies of such ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents
or transmit them to the provincial attorney or the provincial
prosecutor for prompt examination. The provincial attorney or the
provincial prosecutor shall, within a period of ten (10) days from
receipt of the documents, inform the sangguniang panlalawigan in
writing of his comments or recommendations, which may be considered by
the sangguniang panlalawigan in making its decision.
(c)
If the sangguniang panlalawigan finds that such an ordinance or
resolution is beyond the power conferred upon the sangguniang
panlungsod concerned, it shall declare such ordinance or resolution
invalid in whole or in part. The sangguniang panlalawigan shall enter
its action in the minutes and shall advise the corresponding city
authorities of the action it has taken.
(d)
If no action has been taken by the sangguniang panlalawigan within
thirty (30) days after submission of such an ordinance or resolution,
the same shall be presumed consistent with law and therefore valid.
Sec.
18. Review of Barangay Ordinances by the Sangguniang
Panlungsod. — (a) Within ten (10) days after its enactment, the
sangguniang barangay shall furnish copies of all barangay ordinances to
the sangguniang panlungsod for review as to whether the ordinance is
consistent with law and city ordinances.
(b)
If the sangguniang panlungsod fails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall
be deemed approved.
(c)
If the sangguniang panlungsod finds the barangay ordinances
inconsistent with law or city ordinances, the sangguniang panlungsod
shall, within thirty (30) days from receipt thereof, return the same
with its comments and recommendations to the sangguniang barangay
concerned for adjustment, amendment or modification; in which case, the
effectivity of the barangay ordinance is suspended until such time as
the revision called for is effected.
Sec.
19. Enforcement of Disapproved Ordinances or
Resolutions. — Any attempt to enforce any ordinance or any resolution
approving the local development plan and public investment program,
after the disapproval thereof, shall be sufficient ground for the
suspension or dismissal of the official or employee concerned.
Sec.
20. Effectivity of Ordinances or Resolutions. — (a)
Unless otherwise stated in the ordinance or the resolution approving
the local development plan and public investment program, the same
shall take effect after ten (10) days from the date a copy thereof is
posted in a bulletin board at the entrance of the City Hall of San
Fernando, and in at least two (2) other conspicuous places in the City
of San Fernando.
(b)
The secretary of the sangguniang panlungsod shall cause the posting of
an ordinance or resolution in the bulletin board at the entrance of the
City Hall of San Fernando, and in at least two (2) conspicuous places
in the City of San Fernando not later than five (5) days after approval
thereof.
The
text of the ordinance or resolution shall be disseminated and posted in
Filipino or English and in the language or dialect understood by the
majority of the people in the City and the secretary of the sangguniang
panlungsod shall record such fact in a book kept for the purpose,
stating the dates of approval and posting.
(c)
The main features of the ordinance or resolution duly enacted or
adopted shall, in addition to being posted, be published once in a
local newspaper of general circulation within the City. In the absence
thereof the ordinance or resolution shall be published in any newspaper
of general circulation. The gist of all ordinances with penal sanctions
shall also be published in a newspaper of general circulation.
ARTICLE
VI
Disqualifications
and Succession for Elective City Officials
Sec.
21. Disqualifications for Elective City Officials. —
The following persons are not qualified from running for any elective
position in the City:
(a)
Those sentenced by final judgment for an offense involving moral
turpitude or an offense punishable by one (1) year or more of
imprisonment within two (2) years after serving sentence;
(b)
Those removed from office as a result of an administrative case;
(c)
Those convicted by final judgment for violating the oath of allegiance
to the Republic of the Philippines;
(d)
Those with dual citizenship;
(e)
Fugitives from justice in criminal or nonpolitical cases here and
abroad;
(f)
Permanent residents in a foreign country or those who have acquired the
right to reside abroad and continue to avail of the same right after
the effectivity of the Local Government Code of 1991; and
(g)
The insane or feeble-minded.
Sec.
22. Permanent Vacancy in the Office of the City Mayor
and City Vice Mayor. — (a) If a permanent vacancy occurs in the office
of the city mayor, the city vice mayor concerned shall become the city
mayor. If the vice mayor refuses to assume the position of city mayor
the highest ranking sangguniang panlungsod member shall become the city
mayor. If a permanent vacancy occurs in the office of the city vice
mayor, the highest ranking sangguniang panlungsod member or, in case of
his permanent incapacity, the second highest ranking sangguniang
panlungsod member shall become the city mayor or city vice mayor, as
the case may be. Subsequent vacancies in said offices shall be filled
automatically by the other sanggunian members according to their
ranking as defined herein.
(b)
A tie between or among the highest ranking sangguniang panlungsod
members shall be resolved by drawing of lots.
(c)
The successors as defined herein shall serve only the unexpired terms
of their predecessors.
For
purposes of this Act, a permanent vacancy arises when an elective local
official fills a higher vacant office, refuses to assume office, fails
to qualify, dies, is removed from office, voluntarily resigns or is
otherwise permanently incapacitated to discharge the functions of his
office.
For
purposes of succession as provided in this Act, ranking in the
sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered
voters in the City in the immediately preceding local election.
Sec.
23. Permanent Vacancies in the Sanggunian. — (a)
Permanent vacancies in the sangguniang panlungsod where automatic
succession as provided above does not apply shall be filled by
appointments in the following manner:
(1)
The provincial governor shall make the aforesaid appointments;
(2)
Only the nominee of the political party under which the sanggunian
member concerned had been elected shall be appointed in the manner
herein provided. The appointee shall come from the political party as
that of the sanggunian member who caused the vacancy and shall serve
the unexpired term of the vacant office. In the appointment herein
mentioned, a nomination and a certificate of membership of the
appointee from the highest official of the political party concerned
are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall
be a ground for administrative action against the official responsible
therefor;
(3)
In case the permanent vacancy is caused by a sanggunian member who does
not belong to any political party, the city mayor shall, upon
recommendation of the sangguniang panlungsod, appoint a qualified
person to fill the vacancy; and
(4)
In case of vacancy in the representation of the youth and the barangay
in the sangguniang panlungsod, said vacancy shall be filled
automatically by the official next in rank of the organization
concerned.
Sec.
24. Temporary Vacancy in the Office of the City
Mayor. — (a) When the city mayor is temporarily incapacitated to
perform his duties for physical or legal reasons such as, but not
limited to, leave of absence, travel abroad and suspension from office,
the city vice mayor shall automatically exercise the powers and perform
the duties and functions of the city mayor, except the power to
appoint, suspend or dismiss employees which can only be exercised if
the period of temporary incapacity exceeds thirty (30) working days.
(b)
Said temporary incapacity shall terminate upon submission to the
sangguniang panlungsod of a written declaration by the city mayor that
he has reported back to office. In case where the temporary incapacity
is due to legal cause, the city mayor shall also submit necessary
documents showing the said legal cause no longer exists.
(c)
When the city mayor is traveling within the country but outside
territorial jurisdiction for a period not exceeding three (3)
consecutive days, he may designate in writing the officer-in-charge of
his office. Such authorization shall specify the powers and functions
that the local official concerned shall exercise in the absence of the
city mayor except the power to appoint, suspend or dismiss employees.
(d)
In the event, however, that the city mayor fails or refuses to issue
such authorization, the city vice mayor shall have the right to assume
the powers, duties and functions of the said office on the fourth day
of absence of the city mayor, subject to the limitations provided in
subsection (c) hereof;
(e)
Except as provided above, the city mayor shall in no case authorize any
local official to assume the powers, duties and functions of the
office, other than the city vice mayor or the highest ranking
sangguniang panlungsod member, as the case may be.
ARTICLE
VII
The
Appointive Officials of the City: Their Qualifications, Powers
and Duties
Sec.
25. The Secretary of the Sangguniang Panlungsod. —
(a) There shall be a secretary of the sangguniang panlungsod who shall
be a career official with the rank and salary equal to a head of a
department or office.
(b)
No person shall be appointed secretary to the sangguniang panlungsod
unless he is a citizen of the Philippines, a resident of the City of
San Fernando, of good moral character, a holder of a master's degree
preferably in law, commerce or public administration from a recognized
college or university, and a first grade civil service eligible or its
equivalent.
(c)
The secretary of the sangguniang panlungsod shall receive such
compensation, emoluments and allowances as may be determined by law.
(d)
The secretary to the sangguniang panlungsod shall take charge of the
office of the sangguniang panlungsod, and shall:
(1)
Attend meetings of the sangguniang panlungsod and keep a journal of its
proceedings;
(2)
Keep the seal of the City and affix the same with his signature to all
ordinances, resolutions, and other official acts of the sangguniang
panlungsod and present the same to the presiding officer for his
signature;
(3)
Forward to the city mayor, for approval, copies of ordinances enacted
by the sangguniang panlungsod duly certified by the presiding officer;
(4)
Forward to the Department of Budget and Management (DBM) copies of the
appropriation ordinances passed by the sangguniang panlungsod as
provided for under Sec. 326, Book II of the Local Government Code of
1991;
(5)
Forward to the sangguniang panlalawigan copies of duly approved
ordinances in the manner provided in Section s 56 and 57 under Book I of
the Local Government Code of 1991;
(6)
Furnish, upon request of any interested party, certified copies of
records of public character in his custody, upon payment to the city
treasurer of such fees as may be prescribed by ordinance;
(7)
Record in a book kept for the purpose, all ordinances and resolutions
enacted or adopted by the sangguniang panlungsod, with the dates of
passage and publication thereof;
(8)
Keep his office and all nonconfidential records therein open to the
public during usual business hours;
(9)
Translate into the dialect used by the majority of the inhabitants all
ordinances and resolutions immediately after their approval and cause
the publication of the same together with the original version in the
manner provided under the Local Government Code of 1991;
(10)
Take custody of the local archives and where applicable, the local
library and annually account for the same; and
(11)
Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance relative to his position.
Sec.
26. The City Treasurer. — (a) The city treasurer
shall be appointed by the Secretary of Finance from a list of at least
three (3) ranking eligible recommendees of the city mayor, subject to
the civil service law, rules and regulations.
(b)
The city treasurer shall be under the administrative supervision of the
city mayor, to whom he shall report regularly on the tax collection
efforts of the City.
(c)
No person shall be appointed treasurer unless he is a citizen of the
Philippines, a resident of the City of San Fernando, of good moral
character, a holder of a college degree in commerce, public
administration or law from a recognized college or university, and a
first grade civil service eligible or its equivalent. He must have
acquired experience in treasury or accounting service for at least five
(5) years.
(d)
The city treasurer shall receive such compensation, emoluments and
allowances as may be determined by law.
(e)
The city treasurer shall take charge of the city treasury office, and
shall:
(1)
Advise the city mayor, the sangguniang panlungsod and other local
government and national officials concerned regarding disposition of
local government funds and on such other matters relative to public
finance;
(2)
Take custody and exercise proper management of the funds of the City;
(3)
Take charge of the disbursement of all funds of the City and such other
funds the custody of which may be entrusted to him by law or other
competent authority;
(4)
Inspect private commercial and industrial establishments within the
jurisdiction of the City in relation to the implementation of tax
ordinances pursuant to the provisions of the Local Government Code of
1991;
(5)
Maintain and update the tax information system of the City; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
27. The Assistant City Treasurer. — (a) The assistant
city treasurer may be appointed by the Secretary of Finance from a list
of at least three (3) ranking eligible recommendees of the city mayor,
subject to civil service law, rules and regulations.
(b)
No person shall be appointed assistant city treasurer unless he is a
citizen of the Philippines, a resident of the City of San Fernando, of
good moral character, a holder of a college degree preferably in
commerce, public administration or law from a recognized college or
university, and a first grade civil service eligible or its equivalent.
He must have acquired at least three (3) years experience in treasury
or accounting.
(c)
The assistant city treasurer shall receive such compensation,
emoluments and allowances as may be determined by law.
(d)
The assistant city treasurer shall assist the city treasurer and
perform such other duties as the latter may assign him. He shall have
authority to administer oaths concerning notices and notifications to
those delinquent in the payment of the real property tax and concerning
official matters relating to the accounts of the city treasurer or
otherwise arising from the offices of the city treasurer and the city
assessor.
Sec.
28. The City Assessor. — (a) The city assessor must
be a citizen of the Philippines, a resident of the City of San
Fernando, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce, or any other
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in real property assessment work or in any related field for
at least five (5) years immediately preceding the date of his
appointment.
(b)
The city assessor shall receive such compensation, emoluments and
allowances as may be determined by law.
(c)
The city assessor shall take charge of the city assessor's office, and
shall:
(1)
Ensure that all laws and policies governing the appraisal and
assessment of real properties for taxation purposes are properly
executed;
(2)
Initiate, review and recommend changes in policies and objectives,
plans and programs, techniques, procedures and practices in the
evaluation and assessment of real properties for taxation
purposes;
(3)
Establish a systematic method of real property assessment;
(4)
Install and maintain real property identification and accounting
systems;
(5)
Prepare, install and maintain a system of tax mapping, showing
graphically all properties subject to assessment and gather all data
concerning the same;
(6)
Conduct frequent physical surveys to verify and determine whether all
real properties within the City are properly listed in the assessment
rolls;
(7)
Exercise the functions of appraisal and assessment primarily for
taxation purposes of all real properties in the City;
(8)
Prepare a schedule of the fair market value of the different classes of
real properties in accordance with the provisions of the Local
Government Code of 1991;
(9)
Issue, upon request of any interested party, certified copies of
assessment records of real properties and all other records relative to
its assessment, upon payment of a service charge or fee to the city
treasurer;
(10)
Submit every semester a report of all assessments, as well as
cancelations and modifications of assessments to the city mayor and the
sangguniang panlungsod; and
(11)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
29. The Assistant City Assessor. — (a) The assistant
city assessor must be a citizen of the Philippines, a resident of the
City of San Fernando, of good moral character, a holder of a college
degree preferably in civil or mechanical engineering, commerce or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in assessment or in any related field for at least three (3)
years immediately preceding the date of his appointment.
(b)
The assistant city assessor shall receive such compensation, emoluments
and allowances as may be determined by law.
(c)
The assistant city assessor shall assist the city assessor and perform
such other duties as the latter may assign to him. He shall have the
authority to administer oaths and all declarations of real property for
purposes of assessment.
Sec.
30. The City Accountant. — (a) The city accountant
must be a citizen of the Philippines, a resident of the City of San
Fernando, of good moral character, and a certified public accountant.
He must have acquired experience in the treasury or accounting service
for at least five (5) years immediately preceding the date of his
appointment.
(b)
The city accountant shall receive such compensation, emoluments and
allowances as may be determined by law.
(c)
The city accountant shall take charge of both the office of the
accounting and internal audit services, and shall:
(1)
Install and maintain an internal audit system in the City;
(2)
Prepare and submit financial statements to the city mayor and to the
sangguniang panlungsod;
(3)
Apprise the sangguniang panlungsod and other officials on the financial
condition and operations of the City;
(4)
Certify the availability of budgetary allotment to which expenditures
and obligations may be properly charged;
(5)
Review supporting documents before preparation of vouchers to determine
the completeness of requirements;
(6)
Prepare statements of cash advances, liquidations, salaries,
allowances, reimbursements and remittances pertaining to the City;
(7)
Prepare statements of journal vouchers and liquidation of the same and
other adjustments related thereto;
(8)
Post individual disbursements to the subsidiary ledger and index cards;
(9)
Maintain individual ledgers for officials and employees of the City
pertaining to payrolls and deductions;
(10)
Record and post in index cards details of purchased furniture, fixtures
and equipment, including disposal thereof, if any;
(11)
Account for all issued requests for obligations and maintain and keep
all records and reports related thereto;
(12)
Prepare journals and the analyses of obligations and maintain and keep
all records and reports related thereto; and
(13)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
31. The City Budget Officer. — (a) The city budget
officer must be a citizen of the Philippines, a resident of the City of
San Fernando, of good moral character, a holder of a college degree
preferably in accounting, economics, public administration, or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in government budgeting or in any related field for at least
five (5) years immediately preceding the date of his appointment.
(b)
The city budget officer shall receive such compensation, emoluments and
allowances as may be determined by law.
(c)
The city budget officer shall take charge of the city budget office,
and shall:
(1)
Prepare forms, orders and circulars embodying instructions on budgetary
and appropriation matters for the signature of the city
mayor;
(2)
Review and consolidate the budget proposals of different departments
and offices of the City;
(3)
Assist the city mayor in the preparation of the budget and during
budget hearings;
(4)
Study and evaluate budgetary implications of proposed legislation and
submit comments and recommendations thereon;
(5)
Submit periodic budgetary reports to the Department of Budget and
Management;
(6)
Coordinate with the city treasurer, the city accountant and the city
planning and development coordinator for the purpose of
budgeting;
(7)
Assist the sangguniang panlungsod in reviewing the approved budgets of
component local government units;
(8)
Coordinate with the city planning and development coordinator in the
formulation of the development plan of the City; and
(9)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
32. The City Planning and Development Coordinator. —
(a) The city planning and development coordinator must be a citizen of
the Philippines, a resident of the City of San Fernando, of good moral
character, a holder of a college degree preferably in urban planning,
development studies, economics, public administration, or any related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
development planning or in any related field for at least five (5)
years immediately preceding the date of his appointment.
(b)
The city planning and development coordinator shall receive such
compensation, emoluments and allowances as may be determined by law.
(c)
The city planning and development coordinator shall take charge of the
city planning and development coordinating office, and shall:
(1)
Formulate integrated economic, social, physical and other development
plans and policies for consideration of the City;
(2)
Conduct continuing studies, researches and training programs necessary
to evolve plans and programs for implementation;
(3)
Integrate and coordinate all sectoral plans and studies undertaken by
the different functional groups or agencies;
(4)
Monitor and evaluate the implementation of the different development
programs, projects and activities in the City in accordance with the
approved development plan;
(5)
Prepare comprehensive plans and other development planning documents
for the consideration of the local development council;
(6)
Analyze the income and expenditure patterns, and formulate and
recommend fiscal plans and policies for consideration of the finance
committee of the City as provided for under the Local Government Code
of 1991;
(7)
Promote people's participation in development planning within the City;
(8)
Exercise supervision and control over the secretariat of the Local
Development Council; and
(9)
Perform such other functions and duties and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
33. The City Engineer. — (a) The city engineer must
be a citizen of the Philippines, a resident of the City of San
Fernando, of good moral character and a licensed civil engineer. He
must have acquired experience in the practice of his profession for at
least five (5) years immediately preceding the date of his appointment.
(b)
The City engineer shall receive such compensation, emoluments and
allowances as may be determined by law.
(c)
The city engineer shall take charge of the city engineering office, and
shall:
(1)
Initiate, review and recommend changes in policies and objectives,
plans and programs, techniques, procedures and practices in
infrastructure development and public works in general of the City;
(2)
Advise the city mayor on infrastructure, public works and other
engineering matters;
(3)
Administer, coordinate, supervise and control the construction,
maintenance, improvement and repair of roads, bridges, other
engineering and public works projects of the City;
(4)
Provide engineering services to the City, including investigation and
survey, engineering designs, feasibility studies and project
management; and
(5)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
34. The City Health Officer. — (A) The city health
officer must be a citizen of the Philippines, a resident of the City of
San Fernando, of good moral character, and a licensed medical
practitioner. He must have acquired experience in the practice of his
profession for at least five (5) years immediately preceding the date
of his appointment.
(B)
The city health officer shall receive such compensation, emoluments and
allowances as may be determined by law.
(C)
The city health officer shall take charge of the office of the city
health services, and shall:
(1)
Supervise the personnel and staff of said office, formulate program
implementation guidelines and rules and regulations for the operation
of the said office for the approval of the city mayor in order to
assist him in the efficient, effective and economical implementation of
health service program geared to implement health-related projects and
activities;
(2)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out activities to ensure the delivery of basic services and
provision of adequate facilities relative to health services provided
under Section 17 of the Local Government Code of 1991;
(3)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
health programs and projects which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide
under the Local Government Code of 1991;
(4)
In addition to the foregoing duties and functions, the city health
officer shall:
(a)
Formulate and implement policies, plans and projects to promote the
health of the people in the City;
(b)
Advise the city mayor and the sangguniang panlungsod on matters
pertaining to health;
(c)
Execute and enforce all laws, ordinances and regulations relating to
public health;
(d)
Recommend to the sangguniang panlungsod through the Local Health Board
the passage of such ordinances as he may deem necessary for the
preservation of public health;
(e)
Recommend the prosecution of any violation of sanitary laws, ordinances
or regulations;
(f)
Direct the sanitary inspection of all business establishment selling
food items or providing accommodation such as hotels, motels, lodging
houses, pension houses, and the like, in accordance with the Sanitation
Code;
(g)
Conduct health information campaigns and render health intelligence
services; and
(h)
Coordinate with other government agencies and nongovernmental
organizations involved in the promotion and delivery of health services.
(5)
Be in the frontline of the delivery of health services, particularly
during and in the aftermath of man-made and natural disasters and
calamities; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
35. The City Civil Registrar. — (A) The city civil
registrar must be a citizen of the Philippines, a resident of the City
of San Fernando, of good moral character, a holder of a college degree
from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
civil registry work for at least five (5) years immediately preceding
the date of his appointment.
(B)
The city civil registrar shall receive such compensation, emoluments
and allowances as may be determined by law.
(C)
The city civil registrar shall be responsible for the civil
registration program in the City of San Fernando, pursuant to the Civil
Registry Law, the Civil Code, and other pertinent laws, rules and
regulations issued to implement them.
(D)
The city civil registrar shall take charge of the office of the city
civil registry, and shall:
(1)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with the
management and administration-related programs and projects which the
city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide for under the Local Government Code
of 1991;
(2)
In addition to the foregoing duties and functions, the civil registrar
shall:
(a)
Accept all registrable documents and judicial decrees affecting the
civil status of persons;
(b)
File, keep and preserve in a secure place the books required by law;
(c)
Transcribe and enter immediately upon receipt all registrable documents
and judicial decrees affecting the civil status of persons in the
appropriate civil registry books;
(d)
Transmit to the Office of the Civil Registrar-General, within the
prescribed period, duplicate copies of registered documents required by
law;
(e)
Issue certified transcripts or copies of any certificate or registered
documents upon payment of the required fees to the
treasurer;
(f)
Receive applications for the issuance of a marriage license and, after
determining that the requirements and supporting certificates and
publication thereof for the prescribed period have been complied with,
issue the license upon payment of the authorized fee to the treasurer;
and
(g)
Coordinate with the National Statistics Office in conducting
educational campaigns for vital registration and assist in the
preparation of demographic and other statistics for the City of San
Fernando.
(3)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
36. The City Administrator. — (A) The city
administrator must be a citizen of the Philippines, a resident of the
City of San Fernando, of good moral character, a holder of a college
degree preferably in public administration, law, or any other related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
management and administrative work for at least five (5) years
immediately preceding the date of his appointment.
(B)
The term of the city administrator is coterminous with that of his
appointing authority.
(C)
The city administrator shall take charge of the city administrator's
office, and shall:
(1)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with the
management and administration-related programs and projects which the
city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide for under the Local Government Code
of 1991;
(2)
In addition to the foregoing duties and functions, the city
administrator shall:
(a)
Assist in the coordination of the work of all the officials of the City
under the supervision, direction and control of the city mayor, and for
this purpose, he may convene the chiefs of offices and other officials
of the City;
(b)
Establish and maintain a sound personnel program for the City designed
to promote career development and uphold the merit principle in the
local government service; and
(c)
Conduct a continuing organizational development of the City with the
end in view of instituting effective administrative reforms.
(3)
Be in the frontline of the delivery of administrative support services,
particularly those related to the situations during and in the
aftermath of man-made and natural disasters and calamities;
(4)
Recommend to the sangguniang panlungsod and advise the city mayor on
all matters relative to the management and administration of the City;
and
(5)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
37. The City Legal Officer. — (A) The city legal
officer must be a citizen of the Philippines, a resident of the City of
San Fernando, of good moral character, and a member of the Philippine
Bar. He must have practiced his profession for at least five (5) years
immediately preceding the date of his appointment.
(B)
The term of the legal officer shall be coterminous with that of his
appointing authority.
(C)
The city legal officer shall receive such compensation, emoluments and
allowances as may be determined by law.
(D)
The city legal officer, the chief legal counsel of the City, shall take
charge of the office of the city legal service, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide legal assistance and support to the city mayor in carrying
out the delivery of basic services and provision of adequate facilities;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
programs and projects related to legal services which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide under the Local Government Code of 1991;
(3)
In addition to the foregoing duties and functions, the city legal
officer shall:
(a)
Represent the City in all civil actions and special proceedings wherein
the City or any official thereof, in his official capacity, is a party.
In actions or proceedings where the City is a party adverse to the
provincial government or to another component city or municipality, a
special legal officer may be employed to represent the adverse party;
(b)
When required by the city mayor or sanggunian, draft ordinances,
contracts, bonds, leases and other instruments involving any interest
of the City and provide comments and recommendations on any instruments
already drawn;
(c)
Render his opinion in writing on any question of law when requested to
do so by the city mayor or sanggunian;
(d)
Investigate or cause to be investigated any local official or employee
for administrative neglect or misconduct in office and recommend the
appropriate action to the city mayor or sanggunian, as the case may be;
(e)
When directed by the city mayor or sanggunian, initiate and prosecute,
in the interest of the City, any civil action on any bond, lease or
other contract upon any breach or violation thereof; and
(f)
Review and submit recommendations on ordinances approved and executive
orders issued by component units.
(4)
Recommend measures to the sangguniang panlungsod and advise the city
mayor on all matters related to upholding the rule of law;
(5)
Be in the frontline of protecting human rights and prosecuting any
violations thereof, particularly those which occur during and in the
aftermath of man-made or natural disasters and calamities; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
38. The City Social Welfare and Development Officer.
— (a) The city social welfare and development officer must be a citizen
of the Philippines, a resident of the City of San Fernando, of good
moral character, a duly licensed social worker or a holder of a college
degree preferably in sociology, or any other related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in the
practice of social work for at least five (5) years immediately
preceding the date of his appointment.
(b)
The city social welfare and development officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c)
The city social welfare and development officer shall take charge of
the office of social welfare and development, and shall:
(1)
Formulate measures for the approval of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities relative to social welfare and development services;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
social welfare programs and projects which the city mayor is empowered
to implement and which the sangguniang panlungsod is empowered to
provide;
(3)
Be in the frontline of the delivery of services particularly those
which have to do with immediate relief and assistance during and in the
aftermath of man-made and natural disasters and calamities;
(4)
Recommend to the sangguniang panlungsod and advise the city mayor on
all other matters related to social welfare and development services
which will improve the livelihood and living conditions of the
inhabitants; and
(5)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
39. The City Veterinarian. — (A) The city
veterinarian must be a citizen of the Philippines, a resident of the
City of San Fernando, of good moral character, and a licensed doctor of
veterinary medicine. He must have practiced his profession for at least
three (3) years immediately preceding the date of his
appointment.
(B)
The city veterinarian shall receive such compensation, emoluments and
allowances as may be determined by law.
(C)
The city veterinarian shall take charge of the office of veterinary
services, and shall:
(1)
Formulate measures for consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
veterinary-related activities which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide;
(3)
In addition to the foregoing duties and functions, the city
veterinarian shall:
(a)
Advise the city mayor on all matters pertaining to the slaughter of
animals for human consumption and the regulation of slaughterhouses;
(b)
Regulate the keeping of domestic animals;
(c)
Regulate and inspect poultry, milk and dairy products for public
consumption;
(d)
Enforce all laws and regulations for the prevention of cruelty of
animals; and
(e)
Take the necessary measures to eradicate, prevent or cure all forms of
animal diseases.
(4)
Be in the frontline of veterinary-related activities, such as the
outbreak of highly contagious and deadly diseases and in situations
resulting in the depletion of animals for work and in human
consumption, particularly those arising from and in the aftermath of
man-made and natural disasters and calamities;
(5)
Recommend to the sangguniang panlungsod and advise the city mayor on
all matters relative to veterinary services which will increase the
number and improve the quality of livestock, poultry and other domestic
animals used for work or human consumption; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
40. The City General Services Officer. — (A) The city
general services officer must be a citizen of the Philippines, a
resident of the City of San Fernando, of good moral character, a holder
of a college degree in public administration, business administration
or management from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in general services, including management of supply, solid
waste disposal and general sanitation for at least five (5) years
immediately preceding the date of his appointment.
(B)
The city general services officer shall receive such compensation,
emoluments and allowances as may be determined by law.
(C)
The city general services officer shall take charge of the office of
the general services, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and
provision of adequate facilities which require general services
expertise and technical support services;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with the
general services supportive of the welfare of the inhabitants of the
City which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide under the Local
Government Code of 1991;
(3)
In addition to the foregoing duties and functions, the city general
services officer shall:
(a)
Take custody of and be accountable for all properties, real or
personal, owned by the City, and those granted to it in the form of
donation, reparation, assistance and counterpart of joint projects;
(b)
With the approval of the city mayor, assign building or land space to
local officials or other public officials, who by law, are entitled to
space;
(c)
Recommend to the city mayor the reasonable rental rates for local
government properties, whether real or personal, which will be leased
to public or private entities by the local government;
(d)
Recommend to the city mayor reasonable rental rates of private
properties which may be leased for the official use of the City;
(e)
Maintain and supervise janitorial, security, landscaping and other
related services in all local government public buildings and other
real property, whether owned or leased by the City;
(f)
Collate and disseminate information regarding prices, shipping and
other costs of supplies and other items commonly used by the City;
(g)
Perform archival and record management with respect to records of
offices and departments of the City; and
(h)
Perform all other functions pertaining to supply and property
management heretofore performed by the local government treasurer and
enforce policies on records creation, maintenance and disposal.
(4)
Be in the frontline of general services-related activities, such as the
possible and imminent destruction or damage to records, supplies,
properties, and structure materials or debris, particularly during and
in the aftermath of man-made and natural disasters and calamities;
(5)
Recommend to the sangguniang panlungsod and advise the city mayor on
all matters relative to general services; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
41. The City Environment and Natural Resources
Officer. — (A) The city environment and natural resources officer must
be a citizen of the Philippines, a resident of the City of San
Fernando, of good moral character, a holder of a college degree
preferably in environment, forestry, agriculture, or any other related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
the environment and natural resources management, conservation and
utilization work for at least five (5) years immediately preceding the
date of his appointment.
(B)
The city environment and natural resources officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(C)
The city environment and natural resources officer shall take charge of
the office of the environment and natural resources, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and to provide assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and provision of
adequate facilities relative to environment and natural resources
services as provided for under Section 17 of the Local Government Code
of 1991;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
environment and natural resources programs and projects which the city
mayor is empowered to implement and which the sangguniang panlungsod is
empowered to provide under the Local Government Code of 1991;
(3)
In addition to the foregoing duties and functions, the city environment
and natural resources officer shall:
(a)
Establish, maintain, protect and preserve communal forests, watersheds,
tree parks, mangroves, greenbelts, commercial forests and similar
forest projects like industrial tree farms and agro-forestry projects;
(b)
Provide extension services to beneficiaries of forest development
projects and render assistance for natural resources-related
conservation and utilization activities consistent with ecological
balance;
(c)
Promote the small-scale mining and utilization of mineral resources,
particularly mining of gold; and
(d)
Coordinate with government agencies and nongovernmental organizations
in the implementation of measures to prevent and control land, air and
water pollution with the assistance of the Department of Environment
and Natural Resources.
(4)
Be in the frontline of the delivery of services concerning the
environment and natural resources, particularly in the renewal and
rehabilitation of the environment during and in the aftermath of
man-made and natural disasters and calamities;
(5)
Recommend to the sangguniang panlungsod and advise the city mayor on
all matters relative to the protection, conservation, maximum
utilization, application of appropriate technology and other matters
related to the environment and natural resources; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
42. The City Architect. — (A) The city architect must
be a citizen of the Philippines, a resident of the City of San
Fernando, of good moral character, and a duly licensed architect. He
must have practiced his profession for at least five (5) years
immediately preceding the date of his appointment.
(B)
The city architect shall receive such compensation, emoluments and
allowances as may be determined by law.
(C)
The city architect shall take charge of the office on the architectural
planning and design, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and
provision of adequate facilities relative to architectural planning and
design;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
architectural planning and design programs and projects which the city
mayor is empowered to implement and which the sangguniang panlungsod is
empowered to provide under the Local Government Code of 1991;
(3)
In addition to the foregoing duties and functions, the architect shall:
(a)
Prepare and recommend for consideration of the sanggunian the
architectural plan and design for the City or a part thereof, including
the renewal of slums and blighted areas, land reclamation activities,
the greening of land, and appropriate planning of marine and foreshore
areas;
(b)
Review and recommend for appropriate action of the sanggunian or mayor
as the case may be, the architectural plans and design submitted by
governmental and nongovernmental entities or individuals, particularly
those for undeveloped, underdeveloped and poorly designed areas; and
(c)
Coordinate with government and nongovernment entities and individuals
involved in the aesthetics and the maximum utilization of the land and
water within the jurisdiction of the City, compatible with
environmental integrity and ecological balance.
(4)
Be in the frontline of the delivery of services involving architectural
planning and design, particularly those related to the redesigning of
spatial distribution of basic facilities and physical structures during
and in the aftermath of man-made and natural disasters and calamities;
(5)
Recommend to the sangguniang panlungsod and advise the city mayor on
all matters relative to architectural planning and design as it relates
to the total socioeconomic development of the City; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
43. The City Information Officer. — (a) The city
information officer must be a citizen of the Philippines, a resident of
the City of San Fernando, of good moral character, a holder of a
college degree preferably in journalism, mass communications, or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have experience
in writing articles and research papers, or writing for print,
television or broadcast media for at least five (5) years immediately
preceding the date of his appointment.
(B)
The city information officer shall receive such compensation,
emoluments and allowances as may be determined by law.
(C)
The city information officer shall take charge of the office on public
information, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
providing the information and research data required for the delivery
of basic services and provision of adequate facilities so that the
public becomes aware of said services and may fully avail of the same;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
public information and research data to support programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide;
(3)
In addition to the foregoing duties and functions, the city information
officer shall:
(a)
Provide relevant, adequate and timely information to the City and its
residents;
(b)
Furnish information and data on the City to government agencies or
offices as may be required by law or ordinance; and nongovernmental
organizations to be furnished to said agencies and organizations; and
(c)
Maintain effective liaison with the various sectors of the community on
matters and issues that affect the livelihood and the quality of life
of the inhabitants and encourage support for programs of the local and
national government.
(4)
Be in the frontline in providing information during and in the
aftermath of man-made and natural disasters and calamities, with
special attention to the victims thereof, to help minimize injuries and
casualties during and after the emergency, and to accelerate relief and
rehabilitation;
(5)
Recommend to the sangguniang panlungsod and advise the city mayor on
all matters relative to public information and research data as it
relates to the total socioeconomic development of the City; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
44. The City Cooperatives Officer. — (A) The city
cooperatives officer must be a citizen of the Philippines, a resident
of the City of San Fernando, of good moral character, a holder of a
college degree preferably in business administration with special
training on cooperatives or any related course from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have experience on cooperatives development for at
least five (5) years immediately preceding the date of his
appointment.
(B)
The city cooperatives officer shall receive such compensation,
emoluments and allowances as may be determined by law.
(C)
The city cooperatives officer shall take charge of the office for the
development of cooperatives, and shall:
(1)
Formulate measures for consideration of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying
out measures to ensure the delivery of basic services and provision of
facilities through the development of cooperatives, and in providing
access to such services and facilities;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with the
integration of cooperatives principles and methods in programs which
the city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide for under the Local Government Code
of 1991;
(3)
In addition to the foregoing duties and functions, the city
cooperatives officer shall:
(a)
Assist in the organization of cooperatives;
(b)
Provide technical and other forms of assistance to existing
cooperatives to enhance their viability as an economic enterprise and
social organization; and
(c)
Assist cooperatives in establishing linkages with government agencies
and nongovernment organizations involved in the promotion and
integration of the concept of cooperatives in the livelihood of the
people and other community activities.
(4)
Be in the frontline of cooperative organization, rehabilitation or
viability enhancement, particularly during and in the aftermath of
man-made and natural disasters and calamities, to aid in their survival
and, if necessary, subsequent rehabilitation;
(5)
Recommend to the sangguniang panlungsod and advise the city mayor on
all other matters relative to cooperatives development and viability
enhancement which will improve the livelihood and quality of life of
the inhabitants; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
45. The City Population Officer. — (A) The city
population officer must be a citizen of the Philippines, a resident of
the City of San Fernando, of good moral character, a holder of a
college degree preferably with specialized training in population
development from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have experience in
the implementation of programs or population development or responsible
parenthood for at least five (5) years immediately preceding the date
of his appointment.
(B)
The city population officer shall receive such compensation, emoluments
and allowances as may be determined by law.
(C)
The city population officer shall take charge of the office of the
population development, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and
provision of adequate facilities relative to the integration of the
population development principles and in providing access to said
services and facilities;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with the
integration of population development principles and methods in program
and projects which the city mayor is empowered to implement and which
the sangguniang panlungsod is empowered to provide; and
(3)
In addition to the foregoing duties and functions, the population
officer shall:
(a)
Assist the city mayor in the implementation of the constitutional
provisions relative to population development and the promotion of
responsible parenthood;
(b)
Establish and maintain an updated data bank for program operations,
development planning and an educational program to ensure the people's
participation in and understanding of population development; and
(c)
Implement appropriate training programs responsive to the cultural
heritage of the inhabitants.
(4)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec.
46. The City Agriculturist. — (A) The city
agriculturist must be a citizen of the Philippines, a resident of the
City of San Fernando, of good moral character, a holder of a college
degree preferably in agriculture or any other related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have practiced his profession in
agriculture or acquired the experience in a related field for at least
five (5) years immediately preceding the date of his appointment.
(B)
The city agriculturist shall receive such compensation, emoluments and
allowances as may be determined by law.
(C)
The city agriculturist shall take charge of the office for the
agricultural services, and shall:
(1)
Formulate measures for the approval of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying
out measures to ensure the delivery of basic services and provision of
adequate facilities relative to agricultural services;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
agricultural programs and projects which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide;
(3)
In addition to the foregoing duties and functions, the city
agriculturist shall:
(a)
Ensure that maximum assistance and access to resources in the
production, processing and marketing of agricultural and aquacultural
and marine products are extended to farmers, fishermen and local
entrepreneurs;
(b)
Conduct or cause to be conducted location-specific agricultural
researches and assist in making available the appropriate technology
arising out of and disseminating information on basic research on
crops, prevention and control of plant diseases and pests, and other
agricultural matters which will maximize productivity;
(c)
Assist the city mayor in the establishment and extension services of
demonstration farms or aquaculture and marine products;
(d)
Enforce rules and regulations relating to agriculture and aquaculture;
and
(e)
Coordinate with government agencies and nongovernmental organizations
which promote agricultural productivity through appropriate technology
compatible with environmental integrity.
(4)
Be in the frontline of the delivery of basic agricultural services,
particularly those needed for the survival of the inhabitants during
and in the aftermath of man-made and natural disasters and
calamities;
(5)
Recommend to the sangguniang panlungsod and advise the city mayor on
all other matters related to agriculture and aquaculture which will
improve the livelihood and living conditions of the inhabitants; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
ARTICLE
VIII
The
City Fire Station Service, The City Jail Service, The City School
Division and The City Prosecution Service
Sec.
47. The City Fire Station Service. — (a) There shall
be established in the City at least one (1) fire station with adequate
personnel, fire fighting facilities and equipment, subject to the
standards, rules and regulations that may be promulgated by the
Department of the Interior and Local Government. The City shall provide
the necessary land or site of the station.
(b)
The city fire station service shall be headed by a city fire marshal
whose qualifications shall be as those provided for under Republic Act
No. 6975, otherwise known as the Philippine National Police Law.
(c)
The city fire station shall be responsible for the protection and
various emergency services such as rescue and evacuation of injured
people at fire-related incidents and, in general fire prevention and
suppression measures to secure the safety of life and property of the
citizenry.
Sec.
48. The City Jail Service. — (a) There shall be
established and maintained in the City a secured, clean, adequately
equipped and sanitary jail for the custody and safekeeping of
prisoners, any fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the national penitentiary,
and/or violent mentally ill person who endangers himself or the safety
of others, duly certified as such by the proper medical health officer,
pending the transfer to a mental institution.
(b)
The city jail service shall be headed by a city jail warden who must be
a graduate of a four (4)-year course in psychology, psychiatry,
sociology, nursing, social work or criminology who shall assist in the
immediate rehabilitation of individuals or detention of prisoners.
Great care must be exercised so that human rights of these prisoners
are respected and protected, and their spiritual and physical
well-being are properly and promptly attended to.
Sec.
49. The City School Division. — (a) The Department of
Education, Culture and Sports shall establish and maintain a school
division of the City of San Fernando whose area of jurisdiction will
cover all the school districts within the City; and
(b)
The city school division shall be headed by a division superintendent
who must possess the necessary qualifications required by the
Department of Education, Culture and Sports.
Sec.
50. The City Prosecution Service. — (a) There shall
be established in the City a prosecution service to be headed by a city
prosecutor and such number of assistant prosecutors as may be
necessary, who shall be organizationally part of the Department of
Justice, and under the supervision and control of the Secretary of
Justice and whose qualifications, manner of appointment, rank, salary
and benefits shall be governed by existing laws covering prosecutors in
the Department of Justice.
(b)
The city prosecutor shall handle the criminal prosecution in the
municipal trial courts in the City as well as in the regional trial
courts for criminal cases originating in the territory of the City, and
shall render to or for the City such services as are required by law,
ordinance or regulation of the Department of Justice.
(c)
The Secretary of Justice shall always assure the adequacy and quality
of prosecution service in the City and for this purpose, shall, in the
absence or lack or insufficiency in number of city assistant
prosecutors as provided hereinabove, designate from among the assistant
provincial prosecutors a sufficient number to perform and discharge the
functions of the city prosecution service as provided hereinabove.
ARTICLE
IX
Transitory
and Final Provisions
Sec.
51. Municipal Ordinances Existing at the Time of the
Approval of this Act. — All municipal ordinances of the Municipality of
San Fernando existing at the time of the approval of this Act shall
continue to be in force within the City of San Fernando until the
sangguniang panlungsod ordinance shall provide otherwise.
Sec.
52. Plebiscite. — The City of San Fernando shall
acquire corporate existence upon the ratification of its creation by a
majority of the votes cast by the qualified voters in a plebiscite to
be conducted in the present Municipality of San Fernando within sixty
(60) days from the approval of this Act. The expenses for such
plebiscite shall be borne by the Municipality of San Fernando. The
Commission on Elections shall conduct and supervise such plebiscite.
Sec.
53. Officials of the City of San Fernando. — The
present elective officials of the Municipality of San Fernando shall
continue to exercise their powers and functions until such a time that
a new election is held and the duly elected officials shall have
already qualified and assumed their offices. The appointive officials
and employees of the Municipality of San Fernando shall likewise
continue exercising their functions and duties and they shall be
automatically absorbed by the City Government of San Fernando.
Sec.
54. Succession Clause. — The City of San Fernando
shall succeed to all the assets, properties, liabilities and
obligations of the Municipality of San Fernando.
Sec.
55. Election of Provincial Governor and Sangguniang
Panlalawigan Members of the Province of Pampanga. — The qualified
voters of the City of San Fernando shall qualify to vote and run for
any elective position in the elections for provincial governor,
provincial vice governor, sangguniang panlalawigan members and other
elective offices for the Province of Pampanga.
Sec.
56. Jurisdiction of the Province of Pampanga. — The
City of San Fernando shall, unless otherwise provided by law, continue
to be under the jurisdiction of Pampanga Province.
Sec.
57. Suspension of Increase in Rates of Local Taxes. —
No increase in the rates of local taxes shall be imposed by the City
within the period of five (5) years from its acquisition of corporate
existence.
Sec.
58. Representative District. — Until otherwise
provided by law, the City of San Fernando shall continue to be a part
of the Third Congressional District of Pampanga Province.
Sec.
59. Applicability of Laws. — The provisions of
Republic Act No. 7160, otherwise known as the Local Government Code of
1991, and such laws as are applicable to component cities shall govern
the City of San Fernando insofar as they are not inconsistent with the
provisions of this Act.
Sec.
60. Separability Clause. — If any part of this Act is
declared invalid or unconstitutional, the other parts or provisions
thereof shall remain valid and effective.
Sec.
61. Reservation. — Nothing herein contained shall
preclude the determination by the appropriate agency or forum of
boundary disputes or cases involving questions of territorial
jurisdiction between the City of San Fernando and any of the adjoining
local government units even after the effectivity of this Act.
Sec.
62. Repealing Clause. — All laws, decrees, rules and
regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.
Sec.
63. Effectivity. — This Act shall take effect upon
its publication in at least two (2) newspapers of general and local
circulation.
Approved:
January 5, 2001.
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