ARTICLE
I
General
Provisions
Section 1. Title. — This Act shall be known as the "Charter of the City of Tanauan."
Sec. 2. The City of Tanauan. — The Municipality of
Tanauan shall be
converted into a component city to be known as the City of Tanauan,
hereinafter referred to as the City, which shall comprise the present
territory of the Municipality of Tanauan, Batangas Province. The
territorial jurisdiction of the City shall be within the present metes
and bounds of the Municipality of Tanauan, as follows:
Bounded
on the North by the Municipality of Calamba, Laguna along lines 1 to 7;
Bounded on the East by San Juan
River adjoining the Municipality of Sto. Tomas along lines 7 to 15;
Bounded on the South by the
Municipality of Malvar along lines 15 to 20; by the Municipality of
Balete and Balete River along lines 20 to 21; and by the Lipa Bay along
lines 21 to 24;
Bounded on the West by Taal Lake
along lines 24 to 28; by the Municipality of Talisay along lines 28 to
the point of beginning;
Beginning from BLLM No. 1 Cad
168 (Tanauan Cadastre N 58-07 W, 13519.34 m. to point 1, thence:
LINE
BEARING
DISTANCE
REMARKS
1-2
N 71-05 E 837.69
m. = MBM # 1
2-3
N 83-55 E 1971.69 m.
= MBM # 2
3-4
N 83-54 E 927.57 m.
= BBM # 1
4-5
N 87-02 E 1727.80 m.
= MBM # 3
5-6
S 71-58 E 2169.61 m.
= MBM # 4
6-7
S 73-15 E 1302.81 m.
= MBM # B
7-8
S 00-11 W 1122.49 m.
= MBM # 8
8-9
S 13-55 W 1153.81 m.
= BBM # 10
9-10
S 41-12 E 1217.12 m.
= MBM # 1
10-11 S 58-54
E 656.58 m. = BBM # 11
11-12 S 12-19
W 1289.92 m. =
12-13 S 46-15
E 1723.02 m. =
13-14 S 41-50
E 1696.41 m. = BBM # 30
14-15 S 23-37
E 2304.23 m. = BBM # 40
15-16 S 67-50
W 1290.69 m. = MBM # 7
16-17 S 68-49
W 1194.12 m. = MBM # 8
17-18 S 63-45
W 1738.05 m. = MBM # 9
18-19 S 89-22
W 1450.42 m. = MBM # 10
19-20 S 69-52
W 1664.11 m. =
20-21 S 35-12
W 2441.32 m. =
21-22 S 88-50
W 2252.85 m. = MBM # 11
22-23 S 49-17
W 858.60 m. =
23-24 S 77-47
W 212.76 m. =
24-25 S 21-56
E 857.07 m.
=
25-26 N 52-57
W 638.80 m. =
26-27 N 23-24
E 4324.44 m. =
27-28 N 37-52
W 3916.13 m. = BBM # 49
28-29 N
28-13 2266.05 m.
= MBM # 12
29-30 N
07-14 1514.11 m.
= BBM # 20
30-31 N
29-40 1034.98 m.
= MBM # 13
31-1
N 27-21 W 2000.34 m.
= BBM #21
Containing
an area of ten thousand seven hundred sixteen hectares (10,716 has.)
based on the approved Cadastral Survey of Tanauan, Batangas under Cad.
168.
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 Tanauan 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 contracts and/or agreements; 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
Tanauan, 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 Tanauan
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 Tanauan. —
(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 subSec.s (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
residence 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 officials 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 disaster 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 results 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 services 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 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: Provided, that said
institutions are 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:
Provided, that if the member did not participate during the
deliberations, the disclosure shall be made before voting on the
ordinance or resolution on second and third readings; and
(2) Disclosure
shall be made when a
member takes a position or makes a privilege speech on a matter that
may affect the business interest, financial connection or professional
relationship described herein.
Sec. 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 Tanauan, 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 Sub-sec., 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
Resolution. — 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 Tanauan, and in at
least two (2) other conspicuous places in the City of Tanauan.
(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 Tanauan, and in at least two (2)
conspicuous places in the City of Tanauan 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 Sub-sec. (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 Tanauan, 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 Sec.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 for 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 Tanauan, 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 Tanauan, 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 Tanauan, 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 Tanauan, 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 Tanauan, 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 Tanauan, 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 Tanauan, 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 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. 33. The City Engineer. — (a) The city engineer
must be a
citizen of the Philippines, a resident of the City of Tanauan, 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 Tanauan, 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 Sec. 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 for 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 establishments 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 Tanauan, 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 Tanauan, 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 city 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 Tanauan.
(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 Tanauan, 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 Tanauan, 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: Provided, that, 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 Tanauan, 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 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 Tanauan, 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 Tanauan, 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 for 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 Tanauan, 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 Sec. 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
for 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 Tanauan, 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
for 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
non-government 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 Tanauan, 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 Tanauan, 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 non-government
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 Tanauan, 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
provisions 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;
(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 Tanauan, 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 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 Tanauan 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 Tanauan
existing at the time of the approval of this Act shall continue to be
in force within the City of Tanauan until the sangguniang panlungsod
ordinance shall provide otherwise.
Sec. 52. Plebiscite. — The City of Tanauan 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 Tanauan within sixty (60) days from the
approval of this Act. The expenses for such plebiscite shall be borne
by the Municipality of Tanauan. The Commission on Elections shall
conduct and supervise such plebiscite.
Sec. 53. Officials of the City of Tanauan. — The
present elective
officials of the Municipality of Tanauan 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 Tanauan shall likewise continue exercising their
functions and duties and they shall be automatically absorbed by the
City Government of Tanauan.
Sec. 54. Succession Clause. — The City of Tanauan
shall succeed to
all the assets, properties, liabilities and obligations of the
Municipality of Tanauan.
Sec. 55. Election of Provincial Governor and
Sangguniang
Panlalawigan Members of the Province of Batangas. — The qualified
voters of the City of Tanauan 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 Batangas.
Sec. 56. Jurisdiction of the Province of Batangas. —
The City of
Tanauan shall, unless otherwise provided by law, continue to be under
the jurisdiction of Batangas 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 Tanauan shall continue to be a part of the Third
Congressional District of Batangas 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
Tanauan 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 Tanauan 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: February 2, 2001.
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