ARTICLE
I
General
Provisions
Section 1. Title. — This Act shall be known as the "Charter of the City of Alaminos."
Sec. 2. The City of Alaminos. — The Municipality of
Alaminos shall be converted into a component city to be known as the
City of Alaminos hereinafter referred to as the City, which shall
comprise the present jurisdiction of the Municipality of Alaminos,
Pangasinan Province. The territorial jurisdiction of the City shall be
within the present metes and bounds of the Municipality of Alaminos, as
follows:
METES AND BOUNDS
Bounded on the South-East by Cad
588-D, Municipality of Saul along lines 1 to 8;
Bounded on the South-West by Cad
552-D, Municipality of Mabini along lines 8 to 17;
Bounded on North-West by Cad
500-D, Municipality of Bani along lines 17 to 386;
Bounded on the North-East by
Lingayen Gulf along lines 386 to the point of beginning:
Beginning from point 1 being N
86 deg. 47 min. E., 10,664.70 meters from BLLM No. 1, thence:
LINES
BEARINGS DISTANCES
1-2 S55
07W 1375.78
2-3 S55
07W 2545.83
3-4 S55
05W 2547.17
4-5 S55
09W 2544.76
5-6 S03
13W 2841.81
6-7 S03
13W 2841.81
7-8 S03
13W 2841.92
8-9 N36
48W 2454.94
9-10 N36
48W 3324.32
10-11 N36
48W 1589.43
11-12 N65
44W 2197.92
12-13 N09
58E 1370.72
13-14 N07
19E 439.00
14-15 N73
44W 2599.80
15-16 N62
06W 1360.38
16-17 N54
53W 1478.85
17-18 N19
05E 74.44
18-19 N12
05E 18.72
19-20 N01
30W 123.70
20-21 N81
19E 33.92
21-22 N15
29W 50.88
22-23 N41
18E 63.87
23-24 N67
13E 20.79
24-25 N26
42E 17.25
25-26 N47
39E 18.96
26-27 N74
44E 28.80
27-28 S66
35E 8.46
28-29 N43
58E 119.34
29-30 N33
33E 33.00
30-31 N21
18W 9.41
31-32 N40
05E 37.67
32-33 S72
21E 51.45
33-34 N81
08E 18.80
34-35 S58
14E 24.83
35-36 N37
15E 27.03
36-37 N87
18E 26.17
37-38 N54
59E 77.47
38-39 N88
19E 37.32
39-40 N12
25E 4.46
40-41 N09
49E 18.37
41-42 N12
34W 32.44
42-43 N51
27E 80.97
43-44 N65
31E 65.48
44-45 N03
12E 21.12
45-46 S78
28W 109.61
46-47 N00
17W 40.10
47-48 N00
46E 49.59
48-49 N00
46W 55.59
49-50 N05
17W 15.07
50-51 N15
02W 6.44
51-52 N18
02E 112.54
52-53 N66
33W 50.12
53-54 N33
35E 38.80
54-55 N12
58E 66.60
55-56 N53
46E 25.71
56-57 N63
23E 10.60
57-58 N07
00E 38.75
58-59 N83
07W 6.92
59-60 N77
08W 13.88
60-61 N50
27W 110.41
61-62 N36
57W 99.86
62-63 N35
47W 59.73
63-64 N26
15E 157.77
64-65 N89
50E 84.66
65-66 N08
52E 54.09
66-67 N21
41E 155.89
67-68 N17
08E 71.42
68-69 N27
34E 19.90
69-70 N32
44E 28.07
70-71 N16
20E 64.43
71-72 N03
05E 30.35
72-73 N15
28E 10.05
73-74 N48
08E 69.97
74-75 N31
40E 21.05
75-76 N16
58E 15.56
76-77 N51
15E 38.77
77-78 N76
00E 80.11
78-79 N37
45E 17.56
79-80 N78
09E 255.09
80-81 N66
11W 250.76
81-82 N51
25W 12.09
82-83 N33
35E 70.19
83-84 N52
06E 69.75
84-85 S76
39E 3.46
85-86 N06
27E 32.81
86-87 N22
17W 20.60
87-88 N14
09W 11.90
88-89 N09
12E 32.01
89-90 N21
13E 52.85
90-91 N42
52E 4.38
91-92 N08
39E 41.35
92-93 N13
35E 42.29
93-94 N22
30W 46.70
94-95 N09
33E 48.49
95-96 N28
23E 55.88
96-97 N21
57E 32.04
97-98 N76
41E 25.44
98-99 N83
10E 14.63
99-100 N63
19E 27.80
100-101 N46
54E 59.51
101-102 N53
10E 40.22
102-103 N56
24E 27.85
103-105 N70
14E 12.98
104-105 N79
31E 11.10
105-106 N82
46E 7.71
106-107 N35
28E 6.45
107-108 N00
30W 132.75
108-109 N13
10W 50.31
109-110 N09
51E 44.19
110-111 N20
38E 110.80
111-112 S33
49E 24.10
112-113
S79.08E 25.76
113-114 N69
14E 26.13
114-115 N76
13E 56.73
115-116 N77
31E 57.59
116-117 N60
40E 35.55
117-118 N24
34E 76.97
118-119 N76
58E 110.86
119-120 N73
37E 53.16
120-121 N19
07E 79.38
121-122 N20
16E 69.29
122-123 N69
52E 31.95
123-124 N06
47E 42.30
124-125 N84
44W 65.28
125-126 N06
04W 47.27
126-127 N27
52W 79.18
127-128 N14
15W 65.00
128-129 N17
43E 32.37
129-130 N82
19E 130.49
130-131 N50
34E 103.38
131-132 N78
47E 73.18
132-133 N31
53E 63.65
133-134 N23
01E 59.52
134-135 N43
48E 2.69
135-136 N13
37E 115.85
136-137 N10
38E 44.51
137-138 N26
39E 28.72
138-139 S86
43E 18.82
139-140 S63
42E 6.82
140-141 N18
38E 57.35
141-142 N79
32W 25.87
142-143 N08
12E 40.23
143-144 S85
55W 15.84
144-145 N29
39E 45.45
145-146 N03
34E 32.89
146-147 N19
07E 23.73
147-148 N53
53E 3.94
148-149 N85
12E 21.25
149-150 N03
12W 55.50
150-151 N50
21W 10.00
151-152 N25
00W 11.76
152-153 N47
42W 13.07
153-154 N11
26W 19.58
154-155 N51
22W 16.17
155-156 N18
55E 34.58
156-157 N44
43E 7.16
157-158 N70
10E 9.64
158-159 N42
20E 12.62
159-160 S87
36E 9.05
160-161 N06
05E 55.83
161-162 N13
50W 33.63
162-163 N17
23W 37.27
163-164 N04
26E 40.87
164-165 N01
27W 51.04
165-166 N06
52W 65.09
166-167 N59
03W 20.67
167-168 S75
12W 20.82
168-169 N17
12E 31.93
169-170 N03
18E 133.44
170-171 N82
50E 27.92
171-172 N30
32W 6.40
172-173 N03
19E 38.61
173-174 N11
24E 22.98
174-175 S81
10E 21.74
175-178 N77
13E 115.03
176-177 N68
50E 5.04
177-178 S81
23E 40.58
178-179 N04
27E 34.64
179-180 N47
45E 11.96
180-181 N22
35W 33.72
181-182 N07
24W 7.15
182-183 N29
36W 34.58
183-184 N11
27W 18.94
184-185 N35
23E 46.11
185-186 N03
21W 12.14
186-187 N25
58W 15.69
187-188 N62
35W 24.89
188-189 S81
05W 28.09
189-190 N55
00W 10.34
190-191 N03
44W 26.54
191-192 N14
55E 12.71
192-193 N31
04W 6.43
193-194 N19
07W 29.40
194-195 N49
25E 35.94
195-196 N14
13W 46.37
196-197 N81
45E 35.93
197-198 N08
21W 20.93
198-199 N36
59E 27.59
199-200 N03
14E 12.06
200-201 N48
38W 26.28
201-202 S77
14E 9.19
202-203 N38
36E 26.27
203-204 N01
56W 12.76
204-205 S87
07E 48.79
205-206 N80
59E 38.31
206-207 N77
27E 33.53
207-208 N76
08E 110.62
208-209 N60
46E 29.84
209-210 N21
43E 8.08
210-211 N10
51W 83.82
211-212 N31
48E 25.52
212-213 N20
47W 15.00
213-214 N12
06E 32.71
214-215 S86
45E 119.29
215-216 S84
07E 79.38
216-217 N85
38E 43.19
217-218 S87
48E 35.98
218-219 S82
55E 50.82
219-220 S81
42E 2.50
220-221 S87
04E 140.48
221-222 N12
47E 19.21
222-223 N18
38E 80.25
223-224 N12
31E 15.08
224-225 N00
10W 105.06
225-226 N18
21E 43.08
226-227 N32
34E 107.36
227-228 N06
58E 39.45
228-229 N29
46E 69.44
229-230 N33
36E 45.37
230-231 S62
51E 90.23
231-232 S59
27E 36.85
232-233 S66
42E 59.23
233-234 S51
17E 15.83
234-235 S63
05E 155.29
235-236 S81
41E 22.61
236-237 S54
30E 5.99
237-238 S14
36E 24.95
238-239 S17
38E 17.69
239-240 S37
14E 31.55
240-241 S33
43E 40.27
241-242 S25
33E 47.45
242-243 S20
02E 42.60
243-244 S42
26E 68.96
244-245 N58
12E 9.94
245-246 N39
55E 33.76
246-247 N25
31W 5.90
247-248 N13
59W 43.52
248-249 N74
38E 6.79
249-250 N17
56W 21.50
250-251 N07
46W 8.13
251-252 N12
30E 7.44
252-253 N12
39W 11.87
253-254 N52
18E 9.57
254-255 N18
04W 33.25
255-256 N45
32W 4.54
256-257 N39
15W 33.78
257-258 N30
28W 17.38
258-259 N65
26E 51.84
259-260 N68
13E 110.27
260-261 N03
16W 1.05
261-262 N71
12E 58.65
262-263 N68
39E 18.21
263-264 N77
13E 7.36
264-265 N67
21E 10.47
265-266 N67
25E 72.37
266-267 N69
13E 58.40
267-268 N67
36E 32.54
268-269 N72
09E 25.57
269-270 S57
03E 47.30
270-271 N72
14E 18.93
271-272 N05
19W 160.61
272-273 N10
46E 105.16
273-274 N08
53E 45.09
274-275 N15
06E 17.81
275-276 N21
19E 15.10
276-277 N10
50W 13.73
277-278 S87
25W 2.00
278-279 N02
31E 62.92
279-280 N11
53W 64.32
280-281 N22
39W 41.39
281-282 N13
28W 241.29
282-283 N35
07E 214.99
283-284 N28
24E 22.85
284-285 N32
05E 30.01
285-286 N36
36E 18.00
286-287 N31
25E 124.72
287-288 N30
14E 60.86
288-289 N54
53E 94.73
289-290 N71
47E 9.73
290-291 N74
05E 46.30
291-292 S88
43E 25.51
292-293 N87
38E 23.44
293-294 S72
03E 126.33
294-295 S70
28E 17.50
295-296 S69
18E 55.04
296-297 S77
03E 42.66
297-298 S70
06E 72.15
298-299 N74
44E 37.11
299-300 N42
20E 66.19
300-301 N00
12W 118.52
301-302 N39
33E 9.17
302-303 N36
36W 67.93
303-304 N51
37W 67.65
304-305 N43
22W 31.98
305-306 N45
46W 32.05
306-307 N43
14W 37.71
307-308 N44
40W 83.47
308-309 N34
44W 66.88
309-310 N86
43W 26.02
310-311 N46
18W 97.35
311-312 N48
04W 51.98
312-313 N51
20W 58.59
313-314 N33
54W 37.23
314-315 N00
07E 55.60
315-316 N44
49E 77.84
316-317 N53
25E 42.63
317-318 N77
55E 371.90
318-319 N77
55E 182.00
319-320 S79
38E 110.70
320-321 S81
08E 111.84
321-322 N65
08E 67.71
322-323 N73
02E 8.26
323-324 N26
07E 33.99
324-325 N12
58E 46.18
325-326 N28
10W 55.05
326-327 N26
14W 98.82
327-328 N32
32W 68.86
328-329 N38
57W 23.22
329-330 N47
57W 117.70
330-331 N45
08W 67.14
331-332 N52
43W 264.33
332-333 N60
22W 259.18
333-334 N56
20W 121.55
334-335 N32
55W 32.33
335-336 N19
54W 60.61
336-337 N16
54E 87.49
337-338 S68
16E 7.00
338-339 N30
38E 37.53
339-340 N28
17E 26.97
340-341 N37
08E 68.88
341-342 N44
37E 230.90
342-343 N56
38E 62.22
343-344 N47
22E 115.72
344-345 N39
35E 85.00
345-346 S64
46E 3.64
346-347 N32
40E 59.69
347-348 N25
33E 86.42
348-349 N09
28E 158.74
349-350 N07
03E 39.81
350-351 N04
27E 31.84
351-352 N01
24W 37.90
352-353 N00
27E 36.15
353-354 N07
42W 39.99
354-355 N08
02W 98.89
355-356 N06
07W 102.92
356-357 N07
11W 55.11
357-358 N36
22E 17.14
358-359 N16
49W 124.57
359-360 N27
30W 193.39
360-361 N50
24W 73.16
361-362 N63
44W 13.81
362-363 N82
26W 99.88
363-364 S84
08W 41.01
364-365 S71
39W 59.82
365-366 S62
18W 39.28
366-367 S68
13W 52.07
367-368 S77
11W 10.87
368-369 S67
09W 77.23
369-370 S83
18W 73.00
370-371 S85
05W 100.24
371-372 S48
06W 192.41
372-373 N60
06W 282.05
373-374 N74
08W 343.71
374-375 N70
19W 170.53
375-376 N61
12W 118.61
376-377 N36
38W 266.71
377-378 N39
15W 319.99
378-379 N38
20W 131.40
379-380 N24
29W 93.97
380-381 N13
12W 139.63
381-382 N02
17W 34.25
382- 383 N34
05W 154.97
383-384 N21
07W 234.50
384-385 N07
21W 47.09
385-386 N07
21W 185.29
386-387 N72
48E 315.12
387-388 S25
32E 605.81
388-389 S41
45E 350.96
389-390 S49
18E 295.31
390-391 S64
41E 474.00
391-392 S88
43E 385.56
392-393 N88
13E 206.81
393-394 S84
23E 105.10
394-395 N73
09E 106.82
395-396 S87
58E 409.96
396-397 S89
22E 246.43
397-398 S29
51E 755.42
398-399 S41
38E 495.70
399-400 S12
32E 214.55
400-401 S03
55E 314.11
401-402 N52
42E 989.94
402-403 N70
46E 337.94
403-404 S52
25E 944.53
404-405 N60
44E 669.57
405-406 N72
19E 338.26
406-407 S29
50W 918.48
407-408 S59
25W 361.80
408-409 S48
33W 621.45
409-410 S63
24W 340.95
410-411 S15
19E 142.31
411-412 S17
05E 247.58
412-413 S64
23E 232.78
413-414 S82
52E 577.79
414-415 S19
04E 900.64
415-416 S53
39E 263.81
416-417 S61
41E 74.36
417-418 N25
06E 121.03
418-419 N20
22W 71.75
419-420 N29
01E 88.12
420-421 S55
50E 972.85
421-422 S50
50E 851.88
422-423 N70
22E 240.59
423-424 S31
27E 265.57
424-425 S37
29E 413.62
425-426 S58
40E 75.14
426-427 S15
06E 466.63
427-428 S53
47E 440.17
428-429 S28
02E 101.96
429-430 S24
47E 241.95
430-431 S39
47E 1336.75
431-432 N44
45E 1635.89
432-433 N09
38E 40.85
433-434 N76
55E 1861.55
434-435 S20
38E 708.24
435-436 S77
52E 713.15
436-437 S21
49W 65.86
437-438 S62
37E 310.15
438-439 S23
12E 143.72
439-440 S83
37E 421.07
440-441 S07
24E 51.50
441-442 N69
26E 117.94
442-443 N79
49E 132.25
443-444 S85
59E 90.93
444-445 N73
28E 272.59
445-446 N41
02E 120.24
446-447 N51
57E 97.01
447-448 N11
23E 59.57
448-449 N12
02E 174.78
449-450 N57
47E 291.24
450-451 S01
32W 139.61
451-452 S06
38E 263.04
452-453 S77
00W 329.31
453-454 S26
37W 49.52
454-455 S12
11W 56.65
455-456 S08
02W 114.56
456-457 S02
03W 522.30
457-458 S02
46W 28.73
458-459 S18
18E 52.20
459-460 S48
39E 79.37
460-461 S37
58E 126.44
461-462 S48
15E 79.28
462-463 S42
16E 287.77
463-464 S68
55E 65.87
464-465 S72
46E 315.92
465-466 N86
45E 71.46
466-1
S80 44E 129.97
to the point of beginning.
Containing an area of sixteen
thousand four hundred twenty-six hectares (16,426 has.) more or less
(includes the 186 hectares surveyed area of Hundred Islands comprising
of parcels 1 to 123 situated in the northern portion of Alaminos within
the vicinity of Lingayen Gulf) based on the technical descriptions and
unapproved political boundary map submitted by the Regional Office.
This area of 16,426 hectares is subject to future adjustment when the
political boundary survey is finally approved.
Reference point are based on Cad
552-D (Mabini Cadastre), Cad 588-D (Sual Cadastre), and Cad 500-D (Bani
Cadastre) all in the province of Pangasinan. Corners 2 to 8 are
identical to MBM 2 to MBM 8 of Cad 588-D, respectively; Corners 10 to
16 are identical to MBM 10 to MBM 16 of Cad 552-D, respectively;
Corners 17 to 386 are lot corners in Cases, 5, 6, and 7 of Cad 325-D,
Alaminos Cadastre.
The foregoing provision shall be without prejudice to the resolution by
the appropriate agency or forum of existing boundary disputes or cases
involving questions of territorial jurisdiction between the City of
Alaminos 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 of 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 Alaminos, 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 Alaminos
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 Alaminos. — (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 marshall, 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 a city mayor unless at
the time of the election:
(1)
He its at least twenty-one (21) years of age;
(2) An actual
resident of the City for at least one (1) year prior to his election;
and
(3) A
qualified voter therein.
He shall hold office for three (3) years, unless sooner removed, and
shall receive a minimum monthly compensation corresponding to salary
grade thirty (30) as prescribed under Republic Act No. 6758 and the
implementing guidelines issued pursuant thereto.
(b) The city mayor, as the chief executive of the
city government shall exercise such powers and perform such duties and
functions as provided by the Local Government Code of 1991 and other
laws:
(1)
Exercise those powers expressly granted to him by law, those
necessarily implied therefrom, as well as powers necessary, appropriate
or incidental for the efficient and effective governance of the City
and those which are essential to the promotion of general welfare:
(a)
Determine the guidelines of city policies and be responsible to
the sangguniang panlungsod for the program of government;
(b) Direct the
formulation of the city development plan with the assistance of the
city development council and upon approval thereof by the sangguniang
panlungsod, implement the same;
(c) Present
the program of government and propose policies and projects for the
consideration of the sangguniang panlungsod at the opening of the
regular session of the sangguniang panlungsod every calendar year and
as often as may be deemed necessary as the general welfare of the
inhabitants and the needs of the city government may require;
(d) Initiate
and propose legislative measures to the sangguniang panlungsod and as
often as may be deemed necessary, provide such information and data
needed or requested by said sanggunian in the performance of its
legislative functions;
(e) Appoint
all officials and employees whose salaries and wages are wholly or
mainly paid out of city funds and whose appointments are not otherwise
provided for in this Act as well as those he may be authorized by law
to appoint except those who are to be appointed by the vice mayor as
provided in Sec. 9 hereof;
(f) Represent
the City in all its business transactions and sign on its behalf all
bonds, contracts, obligations, and such other documents with authority
from the sangguniang panlungsod or pursuant to law or ordinance;
(g) Carry out
such emergency measures as may be necessary during and in the aftermath
of man-made and natural disasters and calamities;
(h) Determine
the time, manner and place of payment of salaries or wages of the city
officials and employees, in accordance with law or ordinance;
(i) Allocate
and assign office space to the city officials and employees who, by law
or ordinance, are entitled to such space in the city hall and other
buildings owned or leased by the city government;
(j) Ensure
that all executive officials and employees of the City faithfully
discharge their duties and functions as provided by law and this Act
and cause to be instituted administrative or judicial proceedings
against any official or employee of the City who may have committed an
offense in the performance of his official duties;
(k) Examine
the books, records and other documents of all offices, officials,
agents or employees of the City and, in aid of his executive powers and
authority, require all national officials and employees stationed in or
assigned to the City to make available to him such books, records and
other documents in their custody except those classified by law as
confidential;
(l) Furnish
copies of executive orders issued by him to the office of the governor
within seventy-two (72) hours after their issuance;
(m) Visit
component barangays of the City at least once every six (6) months to
deepen his understanding of problems and conditions, listen and give
appropriate counsel to local officials and inhabitants of general laws
and ordinances which especially concern them, and otherwise conduct
visits and inspections to ensure that the governance of the City will
improve the quality of life of the inhabitants;
(n) Act on
leave applications of officials and employees appointed by him and
commutation of the monetary value of their leave credits in accordance
with law;
(o) Authorize
official trips of city officials and employees outside of the City for
a period not exceeding thirty (30) days;
(p) Call upon
any national official or employee stationed in or assigned to the City
to advise him on matters affecting the City and to make recommendations
thereon; coordinate with said officials and employees in the
formulation and implementation of plans, programs and projects; and
when appropriate, initiate an administrative or judicial action against
a national government official or employee who may have committed an
offense in the performance of his official duties while stationed in or
assigned to the City;
(q) Authorize
payment for medical care, necessary transportation, subsistence,
hospital or medical fees of city officials and employees who are
injured while in the performance of their official duties and
functions, subject to availability of funds;
(r) Solemnize
marriages, any provision of law to the contrary notwithstanding;
(s) Conduct an
annual palarong panlungsod which shall feature traditional sports and
disciplines included in national and international games, in
coordination with the Department of Education, Culture and Sports; and
(t) Submit to
the provincial governor the following reports: and annual report
containing a summary of all matters pertinent to the management,
administration and development of the City and all information and data
relative to its political, social and economic conditions; supplemental
reports when unexpected events and situations arise at any time during
the year, particularly when man-made or natural disasters or calamities
affect the general welfare of the City.
(2) Enforce
all laws and ordinances relative to the governance of the City and in
the exercise of its appropriate powers as well as implement all
approved policies, programs, projects, services and activities of the
City and in addition shall:
(a)
Ensure that the acts of the City's component barangays and of its
officials and employees are within the scope of their prescribed
powers, duties and functions;
(b) Call
conventions, conferences, seminars or meetings of elective or
appointive officials of the City, including provincial and national
officials and employees stationed in or assigned to the City, at such
time and place and on such subject he may deem important for the
promotion of the general welfare of the local government unit and its
inhabitants;
(c) Issue such
executive orders for the faithful and appropriate enforcement and
execution of laws and ordinances;
(d) Be
entitled to carry the necessary firearms within his territorial
jurisdiction after the procurement of necessary permit/s and/or
license/s from duly constituted authorities;
(e) Act as the
deputized representative of the National Police Commission, formulate
the peace and order plan of the City, upon its approval, implement the
same; and as such exercise general and operational control and
supervision over the police forces in the City in accordance with
Republic Act No. 6975; and
(f) Call upon
the appropriate law enforcement agencies to suppress disorder, riot,
lawless violence, rebellion or sedition, or apprehend violators of the
law when public interest so requires and the city police forces are
inadequate to cope with the situation or the violators.
(3) Initiate
and maximize the generation of resources and revenues and apply the
same to the implementation of development plans, program objectives and
priorities, particularly the resources and revenues programmed for
agro-industrial development and countryside growth and progress, and
relative thereto, shall:
(a)
Require each head of an office or department to prepare and
submit an estimate of appropriations for the ensuing calendar year, in
accordance with the provisions of the Local Government Code of 1991;
(b) Prepare
and submit to the sanggunian for approval the executive and
supplemental budgets of the City for the ensuing calendar year in the
manner provided for under the Local Government Code of 1991;
(c) Ensure
that all taxes and other revenues of the City are collected and that
city funds are applied to the payment of expenses and settlement of
obligations of the City, in accordance with law or ordinance;
(d) Issue
licenses and permits and suspend or revoke the same for any violation
of the conditions upon which said licenses or permits had been issued
pursuant to law or ordinance. This also includes the issuance of
licenses and permits to gambling operations authorized by law subject
to the ordinance of the sangguniang panlungsod;
(e) Issue
permits without need of approval therefor from any national agency, for
the holding of activities for any charitable or welfare purpose,
excluding prohibited games or shows contrary to law, public policy and
public morals;
(f) Require
owners of illegally constructed houses, buildings or other structures
to obtain the necessary permit, subject to such fines and penalties as
may be imposed by law or ordinance, or to make necessary changes in the
construction of the same when said construction violates any law or
ordinance, or to order the demolition or removal of said house,
building or structure within the period prescribed by law or ordinance;
(g) Adopt
adequate measures to safeguard and conserve land, mineral, forest,
marine and other resources of the City;
(h) Provide
efficient and effective property and supply management in the City; and
protect the funds, credits, rights and other properties of the City; and
(i) Institute
or cause to be instituted administrative or judicial proceedings for
violation of ordinance 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 operations 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 hereto shall:
(a)
Review all ordinances approved by the sangguniang barangay and
executive orders issued by the punong barangay to determine whether
these are within the scope of the prescribed powers of the sangguniang
barangay and of the punong barangay;
(b) Maintain
peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose
penalties for the violation of said ordinances;
(c) Approve
ordinances imposing a fine not exceeding Five thousand pesos
(P5,000.00) or an imprisonment for a period not exceeding one (1) year,
or both at the discretion of the court, for violation of a city
ordinance;
(d) Adopt
measures to protect the inhabitants of the City on harmful effects of
man-made or natural disasters and calamities, and to provide relief
services and assistance for victims during and in the aftermath of said
disasters or calamities and in their return to productive livelihood
following said events;
(e) Enact
ordinances intended to prevent, suppress and impose appropriate
penalties for habitual drunkenness in public places, vagrancy,
mendicancy, prostitution, establishment and maintenance of houses of
ill repute, gambling and other prohibited games of chance, fraudulent
devices and ways to obtain money or property, drug addiction,
maintenance of drug dens, drug pushing, juvenile delinquency, the
printing, distribution or exhibition of obscene or pornographic
materials or publications, and such other activities inimical to the
welfare and morals of the inhabitants of the City;
(f) Protect
the environment. To this end, it may set aside, at least, ten percent
(10%) of its development funds for the purpose of maintaining and
enhancing the ecological balance of the City. It may also impose
appropriate penalties for acts which endanger the environment, such as
dynamite fishing and other forms of destructive fishing, illegal
logging, smuggling of logs, smuggling of natural resources products and
of endangered species of flora and fauna, slash-and-burn farming and
such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes or ecological imbalance;
(g) Subject to
the provisions of the Local Government Code of 1991 and the pertinent
laws, determine the powers and duties of officials and employees of the
City;
(h) Determine
the positions and the salaries, wages, allowances and other emoluments
and benefits of officials and employees paid wholly or mainly from city
funds and provide for expenditures necessary for the proper conduct of
programs, projects, services and activities of the city government;
(i) Authorize
the payment of compensation to a qualified person not in the government
service who fills up a temporary vacancy or grant honorarium to any
qualified official or employee designated to fill a temporary vacancy
in a concurrent capacity at the rate authorized by law;
(j) Provide a
mechanism and the appropriate funds therefor, to ensure the safety and
protection of all city government property, public documents, or
records such as those relating to property inventory, land ownership,
record of births, marriages, deaths, assessments, taxation, accounts,
business permits and such other records and documents of public
interest in the offices and departments of the city government;
(k) When the
finances of the city government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary
and high school teachers, and other national government officials
stationed in or assigned to the City;
(l) Provide
legal assistance to city and barangay officials including the members
of the city police who, in the performance of their official duties or
on the occasion thereof, have to initiate judicial proceedings or
defend themselves against legal actions. The sangguniang panlungsod may
authorize the city mayor to engage the services of private counsel for
this purpose; and
(m) Provide
for group insurance or additional insurance coverage for all officials,
including members of barangay tanod brigades and other service units
with public or private insurance companies when the finances of the
city government allows said coverage.
(2) Generate
and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City, with particular
attention to agro-industrial development and city-wide growth and
progress, and relative thereto, shall:
(a)
Approve the annual and supplemental budgets of the city
government and appropriate funds for specific programs, projects,
services and activities of the City, or for other purposes not contrary
to law in order to promote the general welfare of the City and its
inhabitants;
(b) Subject to
the provisions of Book II of the Local Government Code of 1991 and the
applicable laws, and upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinances levying taxes, fees and
charges, prescribing the rates thereof for general and specific
purposes and granting tax exemption, incentive or relief;
(c) Subject to
the provisions of Book II of the Local Government Code of 1991 and upon
the majority vote of all the members of the sangguniang panlungsod,
authorize the city mayor to negotiate and contract loans and other
forms of indebtedness;
(d) Subject to
the provisions of Book II of the Local Government Code of 1991 and
applicable laws, and upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinances authorizing the floating of
bonds or other instruments of indebtedness, for the purpose of raising
funds to finance development projects;
(e)
Appropriate funds for the construction and maintenance or the
rental of buildings for the use of the City and upon the majority vote
of all the members of the sangguniang panlungsod, authorize the city
mayor to lease to private parties such public buildings held in a
proprietary capacity, subject to existing laws, rules and regulations;
(f) Prescribe
reasonable limits and restraints on the use of property within the
jurisdiction of the City;
(g) Adopt a
comprehensive land use plan for the City and that, the formulation,
adoption or modification of said plan shall be in coordination within
the approved provincial comprehensive land use plan;
(h) Reclassify
lands within the jurisdiction of the City subject to the pertinent
provisions of the Local Government Code of 1991;
(i) Enact
integrated zoning ordinance in consonance with the approved
comprehensive land use plan, subject to existing laws, rules and
regulations; establish fire limits or zones, particularly in populous
centers, and regulate the construction, repair or modification of
buildings within said fire limits or zones in accordance with the
provisions of the Fire Code;
(j) Subject to
national law, process and approve subdivision plans for residential,
commercial or industrial purposes and other development purposes, and
to collect processing fees and other charges, the proceeds of which
shall accrue entirely to the City where approval of a national agency
or office is required, said approval shall not be withheld for more
than thirty (30) days from receipt of the application. Failure to act
on the application within the period stated above shall be deemed as
approved thereof;
(k) Subject to
the provisions of Book II of the Local Government Code of 1991, grant
the exclusive privilege of constructing fish corrals or fish pens, or
the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry
of any species of fish within the city waters;
(l) With the
concurrence of at least two-thirds (2/3) of all the members of the
sangguniang panlungsod, grant tax exceptions, 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 amusements 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 and maintenance, protection and
conservation of communal forest and watersheds, tree parks, green
belts, 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 Alaminos, 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 subSec., no business shall be
transacted. The presiding officer, upon proper motion duly approved by
the members present, shall then declare the session adjourned for lack
of quorum.
Sec. 15. Approval of Ordinances. — (a) Every
ordinance enacted by the sangguniang panlungsod shall be presented to
the city mayor. If the city mayor approves the same, he shall affix his
signature on each and every page thereof; otherwise, he shall veto it
and return the same with his objections to the sanggunian, which may
proceed to reconsider the same. The sanggunian may override the veto of
the city mayor by two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all legal intents and
purposes.
(b) The veto shall be communicated by the city mayor
to the sanggunian within ten (10) days; otherwise, the ordinance shall
be deemed approved as if he had signed it.
Sec. 16. Veto Power of the City Mayor. — (a) The city
mayor may veto any ordinance of the sangguniang panlungsod on the
ground that it is ultra vires or prejudicial to the public welfare,
stating his reasons thereof in writing.
(b) The city mayor shall have the power to veto any
particular item or items of an appropriations ordinance, an ordinance
or resolution adopting a local development plan, any public investment
program or an ordinance directing the payment of money or creating
liability. In such case, the veto shall not affect the item or items
which are not objected to. The vetoed item or items shall not take
effect unless the sangguniang panlungsod overrides the veto in the
manner herein provided; otherwise, the item or items in the
appropriations ordinance of the previous year corresponding to those
vetoed, if any, shall be deemed enacted.
(c) The city mayor may veto an ordinance or
resolution only once. The sanggunian may override the veto of the city
mayor by two-thirds (2/3) vote of all its members, thereby making the
ordinance effective even without the approval of the city mayor.
Sec. 17. Review of City Ordinances by the Sangguniang
Panlalawigan. — (a) Within three (3) days after approval, the secretary
to the sangguniang panlungsod shall forward to the sangguniang
panlalawigan for review, copies of approved ordinances and the
resolutions approving the local development plans and public investment
programs formulated by the local development councils.
(b) Within thirty (30) days after receipt of copies
of such ordinances and resolutions, the sangguniang panlalawigan shall
examine the documents or transmit them to the provincial attorney or
the provincial prosecutor for prompt examination. The provincial
attorney or the provincial prosecutor shall, within a period of ten
(10) days from receipt of the documents, inform the sangguniang
panlalawigan in writing of his comments or recommendations, which may
be considered by the sangguniang panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that such
an ordinance or resolution is beyond the power conferred upon the
sangguniang panlungsod concerned, it shall declare such ordinance or
resolution invalid in whole or in part. The sangguniang panlalawigan
shall enter its action in the minutes and shall advise the
corresponding city authorities of the action it has taken.
(d) If no action has been taken by the sangguniang
panlalawigan within thirty (30) days after submission of such an
ordinance or resolution, the same shall be presumed consistent with law
and therefore valid.
Sec. 18. Review of Barangay Ordinances by the
Sangguniang Panlungsod. — (a) Within ten (10) days after its enactment,
the sangguniang barangay shall furnish copies of all barangay
ordinances to the sangguniang panlungsod for review as to whether the
ordinance is consistent with law and city ordinances.
(b) If the sangguniang panlungsod fails to take
action on barangay ordinances within thirty (30) days from receipt
thereof, the same shall be deemed approved.
(c) If the sangguniang panlungsod finds the barangay
ordinances inconsistent with law or city ordinances, the sangguniang
panlungsod shall, within thirty (30) days from receipt thereof, return
the same with its comments and recommendations to the sangguniang
barangay concerned for adjustment, amendment or modification; in which
case, the effectivity of the barangay ordinance is suspended until such
time as the revision called for is effected.
Sec. 19. Enforcement of Disapproved Ordinances or
Resolutions. — Any attempt to enforce any ordinance or any resolution
approving the local development plan and public investment program,
after the disapproval thereof, shall be sufficient ground for the
suspension or dismissal of the official or employee concerned.
Sec. 20. Effectivity of Ordinances or Resolutions. —
(a) Unless otherwise stated in the ordinance or the resolution
approving the local development plan and public investment program, the
same shall take effect after ten (10) days from the date a copy thereof
is posted in a bulletin board at the entrance of the City Hall of
Alaminos, and in at least two (2) other conspicuous places in the City
of Alaminos.
(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 Alaminos, and in at least two (2)
conspicuous places in the City of Alaminos 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 certification 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 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 subSec. (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 Alaminos, 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 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 Alaminos, 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
treasury unless he is a citizen of the Philippines, a resident of the
City of Alaminos, 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 treasure 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
Alaminos, 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 cancellations 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 Alaminos, 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 Alaminos, 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 Alaminos, 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 Alaminos, 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 the development planning within the City;
(8) Exercise
supervision and control over the secretariat of the Local Development
council; and
(9) Perform
such other functions and duties and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec. 33. The
City Engineer. — (a) The city engineer must be a citizen of the
Philippines, a resident of the City of Alaminos, 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 Alaminos, 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 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 Alaminos, 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 Alaminos, pursuant to the
Civil Registry Law, the Civil Code, and other pertinent laws, rules and
regulations issued to implement them.
(d) The city civil registrar shall take charge of the
office of the city civil registry, and shall:
(1)
Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with the management and administration-related programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide for under the Local
Government Code of 1991;
(2) In
addition to the foregoing duties and functions, the civil registrar
shall:
(a)
Accept all registrable documents and judicial decrees affecting
the civil status of persons;
(b) File, keep
and preserve in a secure place the books required by law;
(c) Transcribe
and enter immediately upon receipt all registrable documents and
judicial decrees affecting the civil status of persons in the
appropriate civil registry books;
(d) Transmit
to the Office of the Civil Registrar-General, within the prescribed
period, duplicate copies of registered documents required by law;
(e) Issue
certified transcripts or copies of any certificate or registered
documents upon payment of the required fees to the treasurer;
(f) Receive
applications for the issuance of a marriage license and, after
determining that the requirements and supporting certificates and
publication thereof for the prescribed period have been complied with,
issue the license upon payment of the authorized fee to the treasurer;
and
(g) Coordinate
with the National Statistics Office in conducting educational campaigns
for vital registration and assist in the preparation of demographic and
other statistics for the City of Alaminos.
(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 Administration. — (a) The city administrator must be a citizen of
the Philippines, a resident of the City of Alaminos, of good moral
character, a holder of a college degree preferably in public
administration, law, 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 management and administrative work
for at least five (5) years immediately preceding the date of his
appointment.
(b) The term of 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 situation 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 Alaminos, 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 Alaminos, 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
sanggunian panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure delivery of basic
services and provisions 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 Alaminos, 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 outbreaks 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 Alaminos, of good moral character, a holder of
a college degree in public administration, business administration or
management from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have acquired
experience in general services, including management of supply, solid
waste disposal and general sanitation for at least five (5) years
immediately preceding the date of his appointment.
(b) The city general services officer shall receive
such compensation, emoluments and allowances as may be determined by
law.
(c) The city general services officer shall take
charge of the office of the general services, and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities which require general
services expertise and technical support services;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same particularly those which
have to do with the general services supportive of the welfare of the
inhabitants of the City which the city mayor is empowered to implement
and which the sangguniang panlungsod is empowered to provide under the
Local Government Code of 1991;
(3) In addition to the foregoing duties and
functions, the city general services officer shall:
(a) Take custody of and be accountable for all
properties, real or personal, owned by the City, and those granted to
it in the form of donation, reparation, assistance and counterpart of
joint projects;
(b) With the approval of the city mayor, assign
building or land space to local officials or other public officials,
who by law, are entitled to space;
(c) Recommend to the city mayor the reasonable rental
rates for local government properties, whether real or personal, which
will be leased to public or private entities by the local government..
(d) Recommend to the city mayor reasonable rental
rates of private properties which may be leased for the official use of
the City;
(e) Maintain and supervise janitorial, security,
landscaping and other related services in all local government public
buildings and other real property, whether owned or leased by the City;
(f) Collate and disseminate information regarding
prices, shipping and other costs of supplies and other items commonly
used by the City;
(g) Perform archival and record management with
respect to records of offices and departments of the City; and
(h) Perform all other functions pertaining to supply
and property management heretofore performed by the local government
treasurer and enforce policies on records creation, maintenance and
disposal.
(4) Be in the frontline of general services-related
activities, such as the possible and imminent destruction or damage to
records, supplies, properties, and structure materials or debris,
particularly during and in the aftermath of man-made and natural
disasters and calamities.
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all matters relative to general services; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 41. The City Environment and Natural Resources
Officer. — (a) The city environment and natural resources officer must
be a citizen of the Philippines, a resident of the City of Alaminos, 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 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 Alaminos, of good moral character, and a duly licensed
architect. He must have practiced his profession for at least five (5)
years immediately preceding the date of his appointment.
(b) The city architect shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city architect shall take charge of the
office on the architectural planning and design, and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities relative to architectural
planning and design;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with architectural planning and design programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide under the Local
Government Code of 1991;
(3) In addition to the foregoing duties and
functions, the architect shall:
(a) Prepare and recommend for consideration of the
sanggunian the architectural plan and design for the City or a part
thereof, including the renewal of slums and blighted areas, land
reclamation activities, the greening of land, and appropriate planning
of marine and foreshore areas.
(b) Review and recommend for appropriate action of
the sanggunian or mayor as the case may be, the architectural plans and
design submitted by governmental and nongovernmental entities or
individuals, particularly those for undeveloped, underdeveloped and
poorly designed areas; and
(c) Coordinate with government and nongovernment
entities and individuals involved in the aesthetics and the maximum
utilization of the land and water within the jurisdiction of the City,
compatible with environmental integrity and ecological balance.
(4) Be in the frontline of the delivery of services
involving architectural planning and design, particularly those related
to the redesigning of spatial distribution of basic facilities and
physical structures during and in the aftermath of man-made and natural
disasters and calamities;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all matters relative to architectural planning
and design as it relates to the total socioeconomic development of the
City; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 43. The City Information Officer. — (a) The city
information officer must be a citizen of the Philippines, a resident of
the City of Alaminos, 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 Alaminos, of good moral character, a holder of
a college degree preferably in business administration with special
training on cooperatives or any related course from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have experience on cooperatives development for at
least five (5) years immediately preceding the date of his
appointment.
(b) The city cooperatives officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city cooperatives officer shall take charge
of the office for the development of cooperatives and shall:
(1) Formulate measures for consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of facilities through the development of
cooperatives, and in providing access to such services and facilities:
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with the integration of cooperatives principles and methods
in programs which the city mayor is empowered to implement and which
the sangguniang panlungsod is empowered to provide for under the Local
Government Code of 1991:
(3) In addition to the foregoing duties and
functions, the city cooperatives officer shall:
(a) Assist in the organization of cooperatives;
(b) Provide technical and other forms of assistance
to existing cooperatives to enhance their viability as an economic
enterprise and social organization; and
(c) Assist cooperatives in establishing linkages with
government agencies and nongovernment organizations involved in the
promotion and integration of the concept of cooperatives in the
livelihood of the people and other community activities.
(4) Be in the frontline of cooperative organization,
rehabilitation or viability enhancement, particularly during and in the
aftermath of man-made and natural disasters and calamities, to aid in
their survival and if necessary, subsequent rehabilitation;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all other matters relative to cooperatives
development, and viability enhancement which will improve the
livelihood and quality of life of the inhabitants; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 45. The City Population Officer. — (a) The city
population officer must be a citizen of the Philippines, a resident of
the City of Alaminos, 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; and
(3) In addition to the foregoing duties and
functions, the population officer shall:
(a) Assist the city mayor in the implementation of
the constitutional provisions relative to population development and
the promotion of responsible parenthood;
(b) Establish and maintain an updated data bank for
program operations, development planning and an educational program to
ensure the people's participation in and understanding of population
development: and
(c) Implement appropriate training programs
responsive to the cultural heritage of the inhabitants.
(4) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 46. The City Agriculturist. — (a) The city
agriculturist must be a citizen of the Philippines, a resident of the
City of Alaminos, of good moral character, a holder of a college degree
preferably in agriculture or any other related course from a recognized
college or university and a first grade civil service eligible or its
equivalent. He must have practiced his profession in agriculture or
acquired the experience in a related field for at least five (5) years
immediately preceding the date of his appointment.
(b) The city agriculturist shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city agriculturist shall take charge of the
office for the agricultural services, and shall:
(1) Formulate measures for the approval of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities relative to agricultural
services;
(2) Develop plans and strategies and upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with agricultural programs and projects which the city mayor
is empowered to implement and which the sangguniang panlungsod is
empowered to provide:
(3) In addition to the foregoing duties and
functions the city agriculturist,. shall:
(a) Ensure that, maximum assistance and access to
resources in the production, processing and marketing of agricultural
and aquacultural and marine products are extended to farmers, fishermen
and local entrepreneurs;
(b) Conduct, or cause to be conducted
location-specific agricultural researches and assist in making
available the appropriate technology arising out of and disseminating
information on basic research on crops, prevention and control of
plant, diseases and pests, and other agricultural matters which will
maximize productivity:
(c) Assist the city mayor in the establishment and
extension services of demonstration farms or aquaculture and marine
products:
(d) Enforce rules and regulations relating to
agriculture and aquaculture: and
(e) Coordinate with government agencies and
nongovernmental organizations which promote agricultural productivity
through appropriate technology compatible with environmental integrity.
(4) Be in the frontline of the delivery of basic
agricultural services, particularly those needed for the survival of
the inhabitants during and in the aftermath of man-made and natural
disasters and calamities
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all other matters related to agriculture and
aquaculture which will improve the livelihood and living conditions of
the inhabitants: and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
ARTICLE VIII
The City Fire Station Service, The City Jail Service, The City School
Division and The City Prosecution Service
Sec. 47. The City Fire Station Service. — (a) There
shall be established in the City at least one (1) fire station with
adequate personnel, fire fighting facilities and equipment, subject to
the standards, rules and regulations that may be promulgated by the
Department of the Interior and Local Government. The City shall provide
the necessary land or site of the station.
(b) The city fire station service shall be headed by
a city fire marshal whose qualifications shall be as those provided for
under Republic Act No. 6975, otherwise known as the Philippine National
Police Law.
(c) The city fire station shall be responsible for
the protection and various emergency services such as rescue and
evacuation of injured people at fire-related incidents and, in general
fire prevention and suppression measures to secure the safety of life
and property of the citizenry.
Sec. 48. The City Jail Service. — (a) There shall be
established and maintained in the City a secured, clean. adequately
equipped and sanitary jail for the custody and safekeeping of
prisoners, any fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the national penitentiary,
and/or violent mentally ill person who endangers himself or the safety
of others, duly certified as such by the proper medical health officer,
pending the transfer to a mental institution.
(b) The city jail service shall be headed by a city
jail warden who must be a graduate of a four (4)-year course in
psychology, psychiatry, sociology, nursing, social work or criminology
who shall assist in the immediate rehabilitation of individuals or
detention of prisoners. Great care must be exercised so that human
rights of these prisoners are respected and protected, and their
spiritual and physical well-being are properly and promptly attended
to.
Sec. 49. The City School Division. — (a) The
Department of Education, Culture and Sports shall establish and
maintain a school division of the City of Alaminos 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 Alaminos existing at the time of the approval of this
Act shall continue to be in force within the City of Alaminos until the
sangguniang panlungsod ordinance shall provide otherwise.
Sec. 52. Plebiscite. — The City of Alaminos 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 Alaminos within sixty (60)
days from the approval of this Act. The expenses for such plebiscite
shall be borne by the Municipality of Alaminos. The Commission on
elections shall conduct and supervise such plebiscite.
Sec. 53. Officials of the City of Alaminos. — The
present elective officials of the Municipality of Alaminos 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 Alaminos shall likewise continue
exercising their functions and duties and they shall be automatically
absorbed by the City Government of Alaminos.
Sec. 54. Succession Clause. — The City of Alaminos
shall succeed to all the assets, properties, liabilities and
obligations of the Municipality of Alaminos.
Sec. 55. Election of provincial Governor and
Sangguniang panlalawigan Members of the Province of Pangasinan. — The
qualified voters of the City of Alaminos shall qualify to vote and run
for any elective position in the election for provincial governor,
provincial vice governor, sangguniang panlalawigan members and other
elective offices for the Province of Pangasinan.
Sec. 56. Jurisdiction of the Province of Pangasinan.
— The City of Alaminos shall, unless otherwise provided by law,
continue to be under the jurisdiction of Pangasinan 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 Alaminos shall continue to be a part of
the First Congressional District of Pangasinan 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 Alaminos 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 Alaminos 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: March 5, 2001
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