ARTICLE
I
General
Provisions
Section 1. Title. — This Act shall be known as the "Charter of the City of
Sipalay."
Sec. 2. The City of Sipalay. — The Municipality of
Sipalay shall be converted into a component city to be known as the
City of Sipalay, hereinafter referred to as the City, which shall
comprise the present jurisdiction of the Municipality of Sipalay,
Negros Occidental Province. The territorial jurisdiction of the City
shall be within the present metes and bounds of the Municipality of
Sipalay, as follows:
The City of Sipalay is situated in the Province of Negros Occidental,
Island of Negros. Bounded on the North by the Municipality of Cauayan
along points 1 to 2, on the East by the Municipality of Candoni along
points 2 to 3, on the South by the Municipality of Hinoba-an along
points 3 to 4, on the West by the Sulu Sea along points 4 to the point
of beginning.
Beginning from a point 1 along the shore in the Barrio of Cartegena
with latitude 9°50'N., longitude 122°23'E., running eastward in
a straight line direction, until it intersects point 2 with latitude
9°50'N., longitude 122°35'E.; thence running southward in a
straight line direction until it intersects point 3 with latitude
9°40N longitude 122°24'E.; Then following the course of Sulu
Sea going up to the point of beginning, containing an area of thirty
seven thousand nine hundred seventy eight (37,978) hectares more or
less.
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
Sipalay and the adjoining local government units.
Sec. 3. Corporate Powers of the City. — The City
constitutes a political body corporate and as such is endowed with the
attributes of perpetual succession and possessed of the powers which
pertains to a municipal corporation to be exercised in conformity with
the provision of this Charter. The City shall have the following
corporate powers:
a)
To have a continuous succession in its corporate name;
b) To sue and
be sued;
(c) To have
and use a corporate seal;
(d) To
acquire, hold and convey real or personal property;
(e) To enter
into any contracts and/or agreements; and
(f) To
exercise such other powers, prerogatives or authority subject to the
limitations provided in this Act or laws.
Sec. 4.
General Powers. — The City shall have a common seal and may alter the
same at pleasure. It shall exercise the powers to levy taxes; to close
and open roads, streets, alleys, parks or squares; to take, purchase,
receive, hold, lease, convey and dispose of real and personal property
for the general interests of the City; to expropriate or condemn
private property for public use; to contract and be contracted with, to
sue and be sued; to prosecute and defend to final judgment and
execution suits wherein the City is involved or interested in and to
exercise all the powers as are granted to corporations or as
hereinafter granted.
Sec. 5. Liability for Damages. — The City and its
officials shall not be exempt from liability for death or injury to
persons or damage to property.
Sec. 6. Jurisdiction of the City. — The jurisdiction
of the City of Sipalay, 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 Sipalay
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 Sipalay. — (a)
There shall be in the City: a city mayor, a city vice mayor,
sangguniang panlungsod members, a secretary to the sangguniang
panlungsod, a city treasurer and an assistant city treasurer, a city
assessor and an assistant city assessor, a city accountant, a city
budget officer, a city planning and development coordinator, a city
engineer, a city health officer, a city civil registrar, a city
administrator, a city legal officer, a city social welfare and
development officer, a city veterinarian, a city general services
officer, a city agriculturist, a city cooperatives officer, and an
environment and natural resources officer;
(b) In addition thereto, the city mayor may appoint a
city architect, a city information officer and a city population
officer;
(c) The City shall establish a city fire station to
be headed by a city fire marshal, a city jail to be headed by a city
jail warden, a city school division to be headed by a city school
division superintendent, and a city prosecution service to be headed by
a city prosecutor; and
(d) The City may:
(1)
Maintain existing offices not mentioned in subSec.s (a) and (b) hereof;
(2) Create
such other offices as may be necessary to carry out the purposes of the
city government; or
(3)
Consolidate the functions of any office with those of another in the
interest of efficiency and economy.
Unless otherwise provided
herein, heads of departments and offices shall be appointed by the city
mayor with the concurrence of the majority of all the sangguniang
panlungsod members, subject to civil service law, rules and
regulations. The sangguniang panlungsod shall act on the appointment
within fifteen (15) days from the day of its submission, otherwise the
same shall be deemed confirmed.
ARTICLE
III
The City
Mayor And Vice Mayor
Sec. 8. The City Mayor. — (a) The city mayor shall be
the chief executive of the City. He shall be elected at large by the
qualified voters of the City. No person shall be eligible for the
position of city mayor unless at the time of the election:
(1)
He is at least twenty-one (21) years of age;
(2) An actual
resident of the City for at least one (1) year prior to his election;
and
(3) A
qualified voter therein
He shall hold office for three (3) years, unless sooner removed, and
shall receive a minimum monthly compensation corresponding to salary
grade thirty (30) as prescribed under Republic Act No. 6758 and the
implementing guidelines issued pursuant thereto.
(b) The city mayor, as the chief executive of the
city government shall exercise such powers and perform such duties and
functions as provided by the Local Government Code of 1991 and other
laws:
(1)
Exercise those powers expressly granted to him by law, those
necessarily implied therefrom, as well as powers necessary, appropriate
or incidental for the efficient and effective governance of the City
and those which are essential to the promotion of general welfare:
(a)
Determine the guidelines of city policies and be responsible to the
sangguniang panlungsod for the program of government;
(b) Direct the
formulation of the city development plan with the assistance of the
city development council and upon approval thereof by the sangguniang
panlungsod, implement the same;
(c) Present
the program of government and propose policies and projects for the
consideration of the sangguniang panlungsod at the opening of the
regular session of the sangguniang panlungsod every calendar year and
as often as may be deemed necessary as the general welfare of the
inhabitants and the needs of the city government may require;
(d) Initiate
and propose legislative measures to the sangguniang panlungsod and as
often as may be deemed necessary, provide such information and data
needed or requested by said sanggunian in the performance of its
legislative functions;
(e) Appoint
all officials and employees whose salaries and wages are wholly or
mainly paid out of city funds and whose appointments are not otherwise
provided for in this Act as well as those he may be authorized by law
to appoint except those who are to be appointed by the vice mayor as
provided in Sec. 9 hereof;
(f) Represent
the City in all its business transactions and sign on its behalf all
bonds, contracts, obligations, and such other documents with authority
from the sangguniang panlungsod or pursuant to law or ordinance;
(g) Carry out
such emergency measures as may be necessary during and in the aftermath
of man-made and natural disasters and calamities;
(h) Determine
the time, manner and place of payment of salaries or wages of the city
officials and employees, in accordance with law or ordinance;
(i) Allocate
and assign office space to the city officials and employees who, by law
or ordinance, are entitled to such space in the city hall and other
buildings owned or leased by the city government;
(j) Ensure
that all executive officials and employees of the City faithfully
discharge their duties and functions as provided by law and this Act
and cause to be instituted administrative or judicial proceedings
against any official or employee of the City who may have committed an
offense in the performance of his official duties;
(k) Examine
the books, records and other documents of all offices, officials,
agents or employees of the City and, in aid of his executive powers and
authority, require all national officials and employees stationed in or
assigned to the City to make available to him such books, records and
other documents in their custody except those classified by law as
confidential;
(l) Furnish
copies of executive orders issued by him to the office of the governor
within seventy-two (72) hours after their issuance;
(m) Visit
component barangays of the City at least once every six (6) months to
deepen his understanding of problems and conditions, listen and give
appropriate counsel to local officials and inhabitants of general laws
and ordinances which especially concern them, and otherwise conduct
visits and inspections to ensure that the governance of the City will
improve the quality of life of the inhabitants;
(n) Act on
leave applications of officials and employees appointed by him and the
commutation of the monetary value of their leave credits in accordance
with law;
(o) Authorize
official trips of city officials and employees outside of the City for
a period not exceeding thirty (30) days;
(p) Call upon
any national official or employee stationed in or assigned to the City
to advise him on matters affecting the City and to make recommendations
thereon; coordinate with said officials and employees in the
formulation and implementation of plans, programs and projects; and
when appropriate, initiate an administrative or judicial action against
a national government official or employee who may have committed an
offense in the performance of his official duties while stationed in or
assigned to the City;
(q) Authorize
payment for medical care, necessary transportation, subsistence,
hospital or medical fees of city officials and employees who are
injured while in the performance of their official duties and
functions, subject to availability of funds;
(r) Solemnize
marriages, any provision of law to the contrary notwithstanding;
(s) Conduct an
annual palarong panlungsod which shall feature traditional sports and
disciplines included in national and international games, in
coordination with the Department of Education, Culture and Sports; and
(t) Submit to
the provincial governor the following reports: an annual report
containing a summary of all matters pertinent to the management,
administration and development of the City and all information and data
relative to its political, social and economic conditions; supplemental
reports when unexpected events and situations arise at any time during
the year, particularly when man-made or natural disasters or calamities
affect the general welfare of the City.
(2) Enforce
all laws and ordinances relative to the governance of the City and in
the exercise of its appropriate powers as well as implement all
approved policies, programs, projects, services and activities of the
City and in addition shall:
(a)
Ensure that the acts of the City's component barangays and of its
officials and employees are within the scope of their prescribed
powers, duties and functions;
(b) Call
conventions, conferences, seminars or meetings of elective or
appointive officials of the City, including provincial and national
officials and employees stationed in or assigned to the City, at such
time and place and on such subject he may deem important for the
promotion of the general welfare of the local government unit and its
inhabitants;
(c) Issue such
executive orders for the faithful and appropriate enforcement and
execution of laws and ordinances;
(d) Be
entitled to carry the necessary firearms within his territorial
jurisdiction after the procurement of necessary permit/s and/or
license/s from duly constituted authorities;
(e) Act as the
deputized representative of the National Police Commission, formulate
the peace and order plan of the City, upon its approval, implement the
same; and as such exercise general and operational control and
supervision over the police forces in the City in accordance with
Republic Act No. 6975; and
(f) Call upon
the appropriate law enforcement agencies to suppress disorder, riot,
lawless violence, rebellion or sedition, or apprehend violators of the
law when public interest so requires and the city police forces are
inadequate to cope with the situation or the violators.
(3) Initiate
and maximize the generation of resources and revenues and apply the
same to the implementation of development plans, program objectives and
priorities, particularly the resources and revenues programmed for
agro-industrial development and countryside growth and progress, and
relative thereto, shall:
(a)
Require each head of an office or department to prepare and submit an
estimate of appropriations for the ensuing calendar year, in accordance
with the provisions of the Local Government Code of 1991;
(b) Prepare
and submit to the sanggunian for approval the executive and
supplemental budgets of the City for the ensuing calendar year in the
manner provided for under the Local Government Code of 1991;
(c) Ensure
that all taxes and other revenues of the City are collected and that
city funds are applied to the payment of expenses and settlement of
obligations of the City, in accordance with law or ordinance;
(d) Issue
licenses and permits and suspend or revoke the same for any violation
of the conditions upon which said licenses or permits had been issued
pursuant to law or ordinance. This also includes the issuance of
licenses and permits to gambling operations authorized by law subject
to the ordinance of the sangguniang panlungsod;
(e) Issue
permits without need of approval therefor from any national agency, for
the holding of activities for any charitable or welfare purpose,
excluding prohibited games or shows contrary to law, public policy and
public morals;
(f) Require
owners of illegally constructed houses, buildings or other structures
to obtain the necessary permit, subject to such fines and penalties as
may be imposed by law or ordinance, or to make necessary changes in the
construction of the same when said construction violates any law or
ordinance, or to order the demolition or removal of said house,
building or structure within the period prescribed by law or ordinance;
(g) Adopt
adequate measures to safeguard and conserve land, mineral, forest,
marine and other resources of the City;
(h) Provide
efficient and effective property and supply management in the City; and
protect the funds, credits, rights and other properties of the City; and
(i) Institute
or cause to be instituted administrative or judicial proceedings for
violation of ordinances in the collection of taxes, fees or charges,
and for the recovery of funds and property; and cause the City to be
defended against all suits to ensure that its interests, resources and
rights shall be adequately protected.
(4) Ensure the
delivery of basic services and the provision of adequate facilities and
in addition thereto:
(a)
Ensure that the construction and repair of roads and highways funded by
the national government shall be, as far as practicable, carried out in
a spatially contiguous manner and in coordination with the construction
and repair of the roads and bridges of the City and of the province; and
(b) Coordinate
the implementation of technical services, including public works and
infrastructure programs, rendered by national offices and provincial
office.
(5) Exercise
such other powers and perform such other duties and functions as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec. 9. The
City Vice Mayor. — (a) There shall be a vice mayor who shall be elected
in the same manner as the city mayor and shall at the time of his
election possess the same qualifications as the city mayor. He shall
hold office for three (3) years, unless sooner removed, and shall
receive a monthly compensation corresponding to salary grade twenty-six
(26) as prescribed under Republic Act No. 6758 and the implementing
guidelines issued pursuant thereto.
(b) The city vice mayor shall exercise the following
duties:
(1)
Act as presiding officer of the sangguniang panlungsod and sign all
warrants drawn on the city treasury for all expenditures appropriated
for the operation of the sangguniang panlungsod;
(2) Subject to
civil service law, rules and regulations, appoint all officials and
employees including the secretary of the sangguniang panlungsod, and
such employees of the individual members of the sangguniang panlungsod,
except those whose manner of appointment is specifically provided for
under existing laws;
(3) Assume the
office of the city mayor for the unexpired term of the latter in the
event of permanent vacancy;
(4) Exercise
the powers and perform the duties and functions of the city mayor in
cases of temporary vacancy; and
(5) Perform
such other duties and functions and exercise such other powers as
provided for under Republic Act No 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
ARTICLE
IV
The
Sangguniang Panlungsod
Sec. 10. The Sangguniang Panlungsod. — The
sangguniang panlungsod, the legislative body of the City, shall be
composed of the city vice mayor as presiding officer, ten (10) regular
sanggunian members, the president of the city chapter of the liga ng
mga barangay, the president of the panlungsod na pederasyon ng mga
sangguniang kabataan and the sectoral representatives, as members.
(a) In addition thereto, there shall be three (3)
sectoral representatives: one (1) from the women; and as shall be
determined by the sangguniang panlungsod within ninety (90) days prior
to the holding of the local elections, one (1) from the agricultural or
industrial workers; and one (1) from the other sectors, including the
urban poor, indigenous cultural communities or disabled persons.
(b) The regular members of the sangguniang panlungsod
and the sectoral representatives shall be elected in the manner as may
be provided for by law. The elective members of the sangguniang
panlungsod shall possess the qualifications as provided under Sec. 39
of Republic Act No. 7160.
(c) They shall receive such compensation, emoluments
and allowances as may be determined by law.
(d) The sangguniang panlungsod shall:
(1)
Approve ordinances and pass resolutions necessary for an efficient and
effective city government, and relative 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 of ecological imbalance;
(g) Subject to
the provisions of the Local Government Code of 1991 and the pertinent
laws, determine the powers and duties of officials and employees of the
City;
(h) Determine
the positions and the salaries, wages, allowances and other emoluments
and benefits of officials and employees paid wholly or mainly from city
funds and provide for expenditures necessary for the proper conduct of
programs, projects, services and activities of the city government;
(i) Authorize
the payment of compensation to a qualified person not in the government
service who fills up a temporary vacancy or grant honorarium to any
qualified official or employee designated to fill a temporary vacancy
in a concurrent capacity at the rate authorized by law;
(j) Provide a
mechanism and the appropriate funds therefor, to ensure the safety and
protection of all city government property, public documents, or
records such as those relating to property inventory, land ownership,
record of births, marriages, deaths, assessments, taxation, accounts,
business permits and such other records and documents of public
interest in the offices and departments of the city government;
(k) When the
finances of the city government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary
and high school teachers, and other national government officials
stationed in or assigned to the City;
(l) Provide
legal assistance to city and barangay officials including the members
of the city police who, in the performance of their official duties or
on the occasion thereof, have to initiate judicial proceedings or
defend themselves against legal actions. The sangguniang panlungsod may
authorize the city mayor to engage the services of private counsel for
this purpose; and
(m) Provide
for group insurance or additional insurance coverage for all officials,
including members of barangay tanod brigades and other service units,
with public or private insurance companies, when the finances of the
city government allows said coverage.
(2) Generate
and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City, with particular
attention to agro-industrial development and city-wide growth and
progress, and relative thereto, shall:
(a)
Approve the annual and supplemental budgets of the city government and
appropriate funds for specific programs, projects, services and
activities of the City, or for other purposes not contrary to law in
order to promote the general welfare of the City and its inhabitants;
(b) Subject to
the provisions of Book II of the Local Government Code of 1991 and the
applicable laws, and upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinances levying taxes, fees and
charges, prescribing the rates thereof for general and specific
purposes and granting tax exemption, incentive or relief;
(c) Subject to
the provisions of Book II of the Local Government Code of 1991, and
upon the majority vote of all the members of the sangguniang
panlungsod, authorize the city mayor to negotiate and contract loans
and other forms of indebtedness;
(d) Subject to
the provisions of Book II of the Local Government Code of 1991 and
applicable laws, and upon the majority vote of all the members of the
sangguniang panlungsod, enact ordinances authorizing the floating of
bonds or other instruments of indebtedness, for the purpose of raising
funds to finance development projects;
(e)
Appropriate funds for the construction and maintenance or the rental of
buildings for the use of the City and upon the majority vote of all the
members of the sangguniang panlungsod, authorize the city mayor to
lease to private parties such public buildings held in a proprietary
capacity, subject to existing laws, rules and regulations;
(f) Prescribe
reasonable limits and restraints on the use of property within the
jurisdiction of the City;
(g) Adopt a
comprehensive land use plan for the City and that the formulation,
adoption or modification of said plan shall be in coordination within
the approved provincial comprehensive land use plan;
(h) Reclassify
lands within the jurisdiction of the City subject to the pertinent
provisions of the Local Government Code of 1991;
(i) Enact
integrated zoning ordinance in consonance with the approved
comprehensive land use plan, subject to existing laws, rules and
regulations; establish fire limits or zones, particularly in populous
centers, and regulate the construction, repair or modification of
buildings within said fire limits or zones in accordance with the
provisions of the Fire Code;
(j) Subject to
national law, process and approve subdivision plans for residential,
commercial or industrial purposes and other development purposes, and
to collect processing fees and other charges, the proceeds of which
shall accrue entirely to the City where approval of a national agency
or office is required, said approval shall not be withheld for more
than thirty (30) days from receipt of the application. Failure to act
on the application within the period stated above shall be deemed as
approval thereof;
(k) Subject to
the provisions of Book II of the Local Government Code of 1991, grant
the exclusive privilege of constructing fish corrals or fish pens, or
the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry
of any species of fish within the city waters;
(l) With the
concurrence of at least two-thirds (2/3) of all the members of the
sangguniang panlungsod, grant tax exemptions, incentives or relief to
entities engaged in community growth-inducing industries, subject to
the provisions of the Local Government Code of 1991;
(m) Grant
loans or provide grants to other local government units or to national,
provincial and city charitable, benevolent or educational institutions:
Provided, that said institutions are operated and maintained within the
City;
(n) Regulate
the numbering of residential, commercial and other buildings; and
(o) Regulate
the inspection, weighing and measuring of articles of commerce.
(3) Subject to
the provisions of the Local Government Code of 1991, enact ordinances
granting franchises and authorizing the issuance of permits or
licenses, upon such conditions and for such purposes intended to
promote the general welfare of the inhabitants of the City and pursuant
to this legislative authority, shall:
(a)
Fix and impose reasonable fees and charges for all services rendered by
the city government to private persons or entities;
(b) Regulate
or fix license fees for any business or practice of profession within
the City and the conditions under which the license for said business
or practice of profession may be revoked and enact ordinances levying
taxes thereon;
(c) Provide
for and set the terms and conditions under which public utilities owned
by the City shall be operated by the city government, and prescribe the
conditions under which the same may be leased to private persons or
entities, preferably cooperatives;
(d) Regulate
the display of and fix the license fees for signs, signboards or
billboards at the place or places where the profession or business
advertised thereby is, in whole or in part,
conducted;
(e) Any law to
the contrary notwithstanding, authorize and license the establishment,
operation and maintenance of cockpits, and regulate cockfighting and
commercial breeding of gamecocks. The existing rights should not be
prejudiced;
(f) Subject to
the guidelines prescribed by the Department of Transportation and
Communications, regulate the operation of tricycles and grant
franchises for the operation thereof within the territorial
jurisdiction of the City; and
(g) Upon
approval by a majority vote of all the members of the sangguniang
panlungsod, grant a franchise to any person, partnership, corporation
or cooperative to do business within the City; establish, construct,
operate and maintain ferries, wharves, markets or slaughterhouses; or
undertake such other activities within the City as may be allowed by
existing laws. The cooperatives shall be given preference in the grant
of such franchise.
(4) Regulate
activities relative to the use of land, buildings and structures within
the City in order to promote the general welfare and for said purpose,
shall:
(a)
Declare, prevent or abate any nuisance;
(b) With the
concurrence of a majority of the members of the sangguniang panlungsod,
a quorum being present, deny the entry of legalized gambling by
ordinance into any part of the city or regulate its location in the
City;
(c) Require
that buildings and the premises thereof and any land within the City be
kept and maintained in a sanitary condition; impose penalties for any
violation thereof; or upon failure to comply with said requirement,
have the work done at the expense of the owner, administrator or tenant
concerned require the filling up of any land or premises to a grade
necessary for proper sanitation;
(d) Regulate
the disposal of clinical and other wastes from hospitals, clinics and
other similar establishments;
(e) Regulate
the establishment, operation and maintenance of cafes, restaurants,
beerhouses, hotels, motels, inns, pension houses, lodging houses and
other similar establishments, including tourist guides and transports;
(f) Regulate
the sale, giving away or dispensing of any intoxicating malt, vino,
mixed or fermented liquors at any retail outlets;
(g) Regulate
the establishment and provide for the inspection of steam boilers or
any heating device in buildings and the storage of inflammable and
highly combustible materials within the City;
(h) Regulate
the establishment, operation and maintenance of any entertainment or
amusement facilities, including the theatrical performances, circuses,
billiard pools, public dancing schools, public dance halls, sauna
baths, massage parlors and other places for entertainment or amusement;
regulate such other events or activities for amusement or
entertainment, particularly those which tend to disturb the community
or annoy the inhabitants, or require the suspension or suppression of
the same; or prohibit certain forms of amusement or entertainment in
order to protect the social and moral welfare of the community;
(i) Regulate
the establishment, operation and maintenance of funeral parlors and the
burial or cremation of the dead, subject to existing laws, rules and
regulations; and
(j) Provide
for the impounding of stray animals; regulate the keeping of animals in
homes or as part of a business, and the slaughter, sale or disposition
of the same; and adopt measures to prevent and penalize cruelty to
animals.
(5) Approve
ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under the Local
Government Code of 1991, and in addition to said services and
facilities, shall:
(a)
Provide for the establishment, maintenance, protection and conservation
of communal forest and watersheds, tree parks, greenbelts, mangroves
and other similar forest development projects;
(b) Establish
markets, slaughterhouses or animal corrals and authorize the operation
thereof by the city government; and regulate the construction and
operation of private markets, talipapas or other similar buildings and
structures;
(c) Authorize
the establishment, maintenance and operation by the city government of
ferries, wharves, and other structures intended to accelerate
productivity related to marine and seashore or offshore activities;
(d) Regulate
the preparation and sale of meat, poultry, fish, vegetables, fruits,
fresh dairy products, and other foodstuffs for public consumption;
(e) Regulate
the use of streets, avenues, alleys, sidewalks, bridges, parks and
other public places and approve the construction, improvement, repair
and maintenance of the same; establish bus and vehicle stops and
terminals or regulate the use of the same by privately-owned vehicles
which serve the public; regulate garages and operation of conveyances
for hire; designate stands to be occupied by public vehicles when not
in use; regulate the putting up of signs, signposts, awnings and awning
posts on the streets; and provide for the lighting, cleaning and
sprinkling of streets and public places;
(f) Regulate
traffic on all streets and bridges; prohibit encroachments or obstacles
thereon and, when necessary in the interest of public welfare,
authorize the removal of encroachments and illegal constructions in
public places;
(g) Subject to
existing laws, establish and provide for the maintenance, repair and
operation of an efficient waterworks system to supply water for the
inhabitants and to purify the source of the water supply; regulate the
construction, maintenance, repair and use of hydrants, pumps, cisterns
and reservoirs; protect the purity and quantity of the water supply of
the City and, for this purpose, extend the coverage of appropriate
ordinances over all territory within the drainage area of said water
supply and within one hundred meters (100 m.) of the reservoir, canal,
conduit, aqueduct, pumping station or watershed used in connection with
the water service; and regulate the consumption, use or wastage of
water and fix and collect charges therefor;
(h) Regulate
the drilling and excavation of the ground for the laying of water, gas,
sewer, and other pipes and the construction, repair and maintenance of
public drains, sewers, cesspools, tunnels and similar structures;
regulate the placing of poles and the use of crosswalks, curbs and
gutters; adopt measures to ensure public safety against open canals,
manholes, live wires and other similar hazards to life and property;
and regulate the construction and use of private water closets, privies
and other similar structures in buildings and homes;
(i) Regulate
the placing, stringing, attaching, installing, repair and construction
of all gas mains, electric telegraph and telephone wires, conduits,
meters and other apparatus; and provide for the correction,
condemnation or removal of the same when found to be dangerous to the
welfare of the inhabitants;
(j) Subject to
the availability of funds and the existing laws, rules and regulations,
establish and provide for the operation of vocational and technical
schools and similar post secondary institutions and, with the approval
of the Department of Education, Culture and Sports and subject to
existing laws on tuition fees, fix and collect reasonable tuition fees
and other school charges in educational institutions supported by the
city government;
(k) Establish
a scholarship fund for poor but deserving students in schools located
within its jurisdiction or for students residing within the City;
(l) Approve
measures and adopt quarantine regulations to prevent the introduction
and spread of diseases;
(m) Provide
for an efficient and effective system of solid waste and garbage
collection and disposal and prohibit littering and the placing or
throwing of garbage, refuse and other filth and wastes;
(n) Provide
for the care of disabled persons, paupers, the aged, the sick, persons
of unsound mind, abandoned minors, juvenile delinquents, drug
dependents, abused children and other needy and disadvantaged persons,
particularly children and the youth below eighteen (18) years of age;
and subject to availability of funds, establish and provide for the
operation of centers and facilities for the said needy and
disadvantaged persons;
(o) Establish
and provide for the maintenance and improvement of jails and detention
centers, institute a sound jail management program, and appropriate
funds for the subsistence of detainees and convicted prisoners in the
City;
(p) Establish
a city council whose purpose is the promotion of culture and the arts,
coordinate with government agencies and nongovernmental organizations
and, subject to the availability of funds, appropriate funds for the
support and development of the same; and
(q) Establish
a city council for the elderly which shall formulate policies and adopt
measures mutually beneficial to the elderly and to the community;
provide incentives for nongovernmental agencies and entities and,
subject to the availability of funds, appropriate funds to support
programs and projects for the benefit of the elderly.
(6) Perform
such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
ARTICLE
V
Process of
Legislation
Sec. 11. Internal Rules of Procedure. — (a) On the
first regular session following the election of its members and within
ninety (90) days thereafter, the sangguniang panlungsod shall adopt or
update its existing rules of procedure.
(b) The rules of procedure shall provide for the
following:
(1)
The organization of the sanggunian and the election of its officers as
well as the creation of standing committees which shall include, but
shall not be limited to, the committees on appropriations, revenues,
engineering and public works, education and health, women and family,
human rights, youth and sports development, environmental protection,
peace and order and traffic, and cooperatives; the general jurisdiction
of each committee; and the election of the chairman and members of each
committee;
(2) The order
and calendar of business for each session;
(3) The
legislative process;
(4) The
parliamentary procedures which include the conduct of members during
sessions;
(5) The
discipline of members for disorderly behavior and absences without
justifiable cause for four (4) consecutive sessions for which they may
be censured, reprimanded or excluded from the session, suspended for
not more than sixty (60) days, or expelled. The penalty of suspension
or expulsion shall require the concurrence of at least two-thirds (2/3)
vote of all the sanggunian members. A member convicted by final
judgment to imprisonment of at least one (1) year for any crime
involving moral turpitude shall be automatically expelled from the
sanggunian; and
(6) Such other
rules as the sanggunian may adopt.
Sec. 12. Full
Disclosure of Financial and Business Interests of Sangguniang
Panlungsod Members. — (a) Every sangguniang panlungsod member shall,
upon assumption to office, make a full disclosure of his business and
financial interests. He shall also disclose any business, financial,
professional relationship or any relation by affinity or consanguinity
within the fourth civil degree, which he may have with any person, firm
or entity affected by any ordinance or resolution under consideration
by the sanggunian of which he is a member, which relationship may
result in conflict of interests. Such relationship shall include:
(1)
Ownership of stock or capital, or investment in the entity or firm to
which the ordinance or resolution may apply; and
(2) Contracts or
agreements with any person or entity which the ordinance or resolution
under consideration may affect.
In the absence of a specific constitutional or statutory provisions
applicable to this situation, "conflict of interest" refers in general
to one where it may be reasonably deduced that a member of a sanggunian
may not act in the public interest due to some private, pecuniary or
other personal considerations that may tend to affect his judgment to
the prejudice of the service or the public.
(b) The disclosure required under this Act shall be
made in writing and submitted to the secretary of the sanggunian or the
secretary of the committee of which he is a member. The disclosure
shall, in all cases, form part of the record of the proceedings and
shall be made in the following manner:
(1)
Disclosure shall be made before the member participates in the
deliberations on the ordinance or resolution under consideration:
Provided, that if the member did not participate during the
deliberations, the disclosure shall be made before voting on the
ordinance or resolution on second and third readings; and
(2) Disclosure
shall be made when a member takes a position or makes a privilege
speech on a matter that may affect the business interest, financial
connection or professional relationship described herein.
Sec. 13.
Sessions. — (a) On the first day of the session immediately following
the election of its members, the sangguniang panlungsod shall, by
resolution, fix the day, time and place of its sessions. The minimum
number of regular sessions shall be once a week for the sangguniang
panlungsod and twice a month for the sangguniang barangay.
(b) When the public interest so demands, special
sessions may be called by the city mayor or by a majority of the
members of the sanggunian.
(c) All sanggunian sessions shall be open to the
public unless a closed-door session is ordered by an affirmative vote
of a majority of the members present, there being a quorum, in the
public interest or for reasons of security, decency or morality. No two
(2) sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the
sanggunian, a written notice to the members shall be served personally
at the members' usual place of residence at least twenty-four (24)
hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the
sanggunian members present, there being a quorum, no other matters may
be considered at a special session except those stated in the notice.
(e) The sanggunian shall keep a journal and record of
its proceedings which may be published upon resolution of the
sangguniang panlungsod.
Sec. 14. Quorum. — (a) A majority of all the members
of the sanggunian who have been elected and qualified shall constitute
a quorum to transact official business. Should a question of quorum be
raised during a session, the presiding officer shall immediately
proceed to call the roll of the members and thereafter announce the
results.
(b) Where there is no quorum, the presiding officer
may declare a recess until such time as a quorum is constituted, or a
majority of the members present may adjourn from day to day and may
compel the immediate attendance of any member absent without
justifiable cause by designating a member of the sanggunian, to be
assisted by a member or members of the police force assigned in the
territorial jurisdiction of the City of Sipalay, 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
Sipalay, and in at least two (2) other conspicuous places in the City
of Sipalay.
(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 Sipalay, and in at least two (2)
conspicuous places in the City of Sipalay not later than five (5) days
after approval thereof.
The text of the ordinance or resolution shall be disseminated and
posted in Filipino or English and in the language or dialect understood
by the majority of the people in the City and the secretary of the
sangguniang panlungsod shall record such fact in a book kept for the
purpose, stating the dates of approval and posting.
(c) The main features of the ordinance or resolution
duly enacted or adopted shall, in addition to being posted, be
published once in a local newspaper of general circulation within the
City. In the absence thereof the ordinance or resolution shall be
published in any newspaper of general circulation. The gist of all
ordinances with penal sanctions shall also be published in a newspaper
of general circulation.
ARTICLE
VI
Disqualifications
and Succession for Elective City Officials
Sec. 21.
Disqualifications for Elective City Officials. — The following persons
are not qualified from running for any elective position in the City:
(a)
Those sentenced by final judgment for an offense involving moral
turpitude or an offense punishable by one (1) year or more of
imprisonment within two (2) years after serving sentence;
(b) Those
removed from office as a result of an administrative case;
(c) Those
convicted by final judgment for violating the oath of allegiance to the
Republic of the Philippines;
(d) Those with
dual citizenship;
(e) Fugitives
from justice in criminal or nonpolitical cases here and abroad;
(f) Permanent
residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the
effectivity of the Local Government Code of 1991; and
(g) The insane
or feeble-minded.
Sec. 22.
Permanent Vacancy in the Office of the City Mayor and City Vice Mayor.
— (a) If a permanent vacancy occurs in the office of the city mayor,
the city vice mayor concerned shall become the city mayor. If the vice
mayor refuses to assume the position of city mayor the highest ranking
sangguniang panlungsod member shall become the city mayor. If a
permanent vacancy occurs in the office of the city vice mayor, the
highest ranking sangguniang panlungsod member or, in case of his
permanent incapacity, the second highest ranking sangguniang panlungsod
member shall become the city mayor or city vice mayor, as the case may
be. Subsequent vacancies in said offices shall be filled automatically
by the other sanggunian members according to their ranking as defined
herein.
(b) A tie between or among the highest ranking
sangguniang panlungsod members shall be resolved by drawing of lots.
(c) The successors as defined herein shall serve only
the unexpired terms of their predecessors.
For purposes of this Act, a permanent vacancy arises when an elective
local official fills a higher vacant office, refuses to assume office,
fails to qualify, dies, is removed from office, voluntarily resigns or
is otherwise permanently incapacitated to discharge the functions of
his office.
For purposes of succession as provided in this Act, ranking in the
sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered
voters in the City in the immediately preceding local election.
Sec. 23. Permanent Vacancies in the Sanggunian. — (a)
Permanent vacancies in the sangguniang panlungsod where automatic
succession as provided above does not apply shall be filled by
appointments in the following manner:
(1)
The provincial governor shall make the aforesaid appointments;
(2) Only the
nominee of the political party under which the sanggunian member
concerned had been elected shall be appointed in the manner herein
provided. The appointee shall come from the political party as that of
the sanggunian member who caused the vacancy and shall serve the
unexpired term of the vacant office. In the appointment herein
mentioned, a nomination and a certificate of membership of the
appointee from the highest official of the political party concerned
are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall
be a ground for administrative action against the official responsible
therefor;
(3) In case
the permanent vacancy is caused by a sanggunian member who does not
belong to any political party, the city mayor shall, upon
recommendation of the sangguniang panlungsod, appoint a qualified
person to fill the vacancy; and
(4) In case of
vacancy in the representation of the youth and the barangay in the
sangguniang panlungsod, said vacancy shall be filled automatically by
the official next in rank of the organization concerned.
Sec. 24.
Temporary Vacancy in the Office of the City Mayor. — (a) When the city
mayor is temporarily incapacitated to perform his duties for physical
or legal reasons such as, but not limited to, leave of absence, travel
abroad and suspension from office, the city vice mayor shall
automatically exercise the powers and perform the duties and functions
of the city mayor, except the power to appoint, suspend or dismiss
employees which can only be exercised if the period of temporary
incapacity exceeds thirty (30) working days.
(b) Said temporary incapacity shall terminate upon
submission to the sangguniang panlungsod of a written declaration by
the city mayor that he has reported back to office. In case where the
temporary incapacity is due to legal cause, the city mayor shall also
submit necessary documents showing the said legal cause no longer
exists.
(c) When the city mayor is traveling within the
country but outside territorial jurisdiction for a period not exceeding
three (3) consecutive days, he may designate in writing the
officer-in-charge of his office. Such authorization shall specify the
powers and functions that the local official concerned shall exercise
in the absence of the city mayor except the power to appoint, suspend
or dismiss employees.
(d) In the event, however, that the city mayor fails
or refuses to issue such authorization, the city vice mayor shall have
the right to assume the powers, duties and functions of the said office
on the fourth day of absence of the city mayor, subject to the
limitations provided in 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 Sipalay, 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 Sipalay, of
good moral character, a holder of a college degree in commerce, public
administration or law from a recognized college or university, and a
first grade civil service eligible or its equivalent. He must have
acquired experience in treasury or accounting service for at least five
(5) years.
(d) The city treasurer shall receive such
compensation, emoluments and allowances as may be determined by law.
(e) The city treasurer shall take charge of the city
treasury office, and shall:
(1)
Advise the city mayor, the sangguniang panlungsod and other local
government and national officials concerned regarding disposition of
local government funds and on such other matters relative to public
finance;
(2) Take
custody and exercise proper management of the funds of the City;
(3) Take
charge of the disbursement of all funds of the City and such other
funds the custody of which may be entrusted to him by law or other
competent authority;
(4) Inspect
private commercial and industrial establishments within the
jurisdiction of the City in relation to the implementation of tax
ordinances pursuant to the provisions of the Local Government Code of
1991;
(5) Maintain
and update the tax information system of the City; and
(6) Perform
such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec. 27. The Assistant City Treasurer. — (a) The
assistant city treasurer may be appointed by the Secretary of Finance
from a list of at least three (3) ranking eligible recommendees of the
city mayor, subject to civil service law, rules and regulations.
(b) No person shall be appointed assistant city
treasurer unless he is a citizen of the Philippines, a resident of the
City of Sipalay, of good moral character, a holder of a college degree
preferably in commerce, public administration or law from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have acquired at least three (3) years experience
in treasury or accounting.
(c) The assistant city treasurer shall receive such
compensation, emoluments and allowances as may be determined by law.
(d) The assistant city treasurer shall assist the
city treasurer and perform such other duties as the latter may assign
him. He shall have authority to administer oaths concerning notices and
notifications to those delinquent in the payment of the real property
tax and concerning official matters relating to the accounts of the
city treasurer or otherwise arising from the offices of the city
treasurer and the city assessor.
Sec. 28. The City Assessor. — (a) The city assessor
must be a citizen of the Philippines, a resident of the City of
Sipalay, 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 Sipalay, 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 Sipalay, 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 Sipalay, 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 Sipalay, of
good moral character, a holder of a college degree preferably in urban
planning, development studies, economics, public administration, or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in development planning or in any related field for at least
five (5) years immediately preceding the date of his appointment.
(b) The city planning and development coordinator
shall receive such compensation, emoluments and allowances as may be
determined by law.
(c) The city planning and development coordinator
shall take charge of the city planning and development coordinating
office, and shall:
(1)
Formulate integrated economic, social, physical and other development
plans and policies for consideration of the City;
(2) Conduct
continuing studies, researches and training programs necessary to
evolve plans and programs for implementation;
(3) Integrate
and coordinate all sectoral plans and studies undertaken by the
different functional groups or agencies;
(4) Monitor
and evaluate the implementation of the different development programs,
projects and activities in the City in accordance with the approved
development plan;
(5) Prepare
comprehensive plans and other development planning documents for the
consideration of the local development council;
(6) Analyze
the income and expenditure patterns, and formulate and recommend fiscal
plans and policies for consideration of the finance committee of the
City as provided for under the Local Government Code of
1991;
(7) Promote
people's participation in development planning within the City;
(8) Exercise
supervision and control over the secretariat of the Local Development
Council; and
(9) Perform
such other functions and duties and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec. 33. The City Engineer. — (a) The city engineer
must be a citizen of the Philippines, a resident of the City of
Sipalay, 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 Sipalay, 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 Sipalay, 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 Sipalay, 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 payments 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 Sipalay.
(3) Perform
such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec. 36. The
City Administrator. — (a) The city administrator must be a citizen of
the Philippines, a resident of the City of Sipalay, of good moral
character, a holder of a college degree preferably in public
administration, law, or any other related course from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in management and
administrative work for at least five (5) years immediately preceding
the date of his appointment.
(b) The term of 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;
(c) Conduct a
continuing organizational development of the City with the end in view
of instituting effective administrative reforms;
(3) Be in the
frontline of the delivery of administrative support services,
particularly those related to the situations during and in the
aftermath of man-made and natural disasters and calamities;
(4) Recommend
to the sangguniang panlungsod and advise the city mayor on all matters
relative to the management and administration of the City; and
(5) Perform
such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec. 37. The City Legal Officer. — (a) The city legal
officer must be a citizen of the Philippines, a resident of the City of
Sipalay, 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 Sipalay, of good moral character, a duly
licensed social worker or a holder of a college degree preferably in
sociology, or any other related course from a recognized college or
university, and a first grade civil service eligible or its equivalent.
He must have acquired experience in the practice of social work for at
least five (5) years immediately preceding the date of his appointment.
(b) The city social welfare and development officer
shall receive such compensation, emoluments and allowances as may be
determined by law.
(c) The city social welfare and development officer
shall take charge of the office of social welfare and development, and
shall:
(1)
Formulate measures for the approval of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying
out measures to ensure delivery of basic services and provision of
adequate facilities relative to social welfare and development services;
(2) Develop
plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with social
welfare programs and projects which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide;
(3) Be in the
frontline of the delivery of services particularly those which have to
do with immediate relief and assistance during and in the aftermath of
man-made and natural disasters and calamities;
(4) Recommend
to the sangguniang panlungsod and advise the city mayor on all other
matters related to social welfare and development services which will
improve the livelihood and living conditions of the inhabitants; and
(5) Perform
such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec. 39. The City Veterinarian. — (a) The city
veterinarian must be a citizen of the Philippines, a resident of the
City of Sipalay, 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 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;
(2) Develop
plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with
veterinary-related activities which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide;
(3) In
addition to the foregoing duties and functions, the city veterinarian
shall:
(a)
Advise the city mayor on all matters pertaining to the slaughter of
animals for human consumption and the regulation of slaughterhouses;
(b) Regulate
the keeping of domestic animals;
(c) Regulate
and inspect poultry, milk and dairy products for public consumption;
(d) Enforce
all laws and regulations for the prevention of cruelty of animals; and
(e) Take the
necessary measures to eradicate, prevent or cure all forms of animal
diseases.
(4) Be in the
frontline of veterinary-related activities, such as the outbreak of
highly contagious and deadly diseases and in situations resulting in
the depletion of animals for work and in human consumption,
particularly those arising from and in the aftermath of man-made and
natural disasters and calamities;
(5) Recommend
to the sangguniang panlungsod and advise the city mayor on all matters
relative to veterinary services which will increase the number and
improve the quality of livestock, poultry and other domestic animals
used for work or human consumption; and
(6) Perform
such other duties and functions and exercise such other powers as
provided for under Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
Sec. 40. The City General Services Officer. — (a) The
city general services officer must be a citizen of the Philippines, a
resident of the City of Sipalay, 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 Sipalay, 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
Sipalay, 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 Sipalay, 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 Sipalay, 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 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 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 Sipalay, of good
moral character, a holder of a college degree preferably with
specialized training in population development from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have experience in the implementation of programs
or population development or responsible parenthood for at least five
(5) years immediately preceding the date of his appointment.
(b) The city population officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city population officer shall take charge of
the office of the population development, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and
provision of adequate facilities relative to the integration of the
population development principles and in providing access to said
services and facilities;
(2) Develop
plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with the
integration of population development principles and methods in program
and projects which the city mayor is empowered to implement and which
the sangguniang panlungsod is empowered to provide; and
(3) In
addition to the foregoing duties and functions, the population officer
shall:
(a)
Assist the city mayor in the implementation of the constitutional
provisions relative to population development and the promotion of
responsible parenthood;
(b) Establish
and maintain an updated data bank for program operations, development
planning and an educational program to ensure the people's
participation in and understanding of population development;
(c) Implement
appropriate training programs responsive to the cultural heritage of
the inhabitants; and
(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 Sipalay, 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 Sipalay 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 Sipalay existing at the time of the approval of this
Act shall continue to be in force within the City of Sipalay until the
sangguniang panlungsod ordinance shall provide otherwise.
Sec. 52. Plebiscite. — The City of Sipalay 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 Sipalay within sixty (60)
days from the approval of this Act. The expenses for such plebiscite
shall be borne by the Municipality of Sipalay. The Commission on
Elections shall conduct and supervise such plebiscite.
Sec. 53. Officials of the City of Sipalay. — The
present elective officials of the Municipality of Sipalay 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 Sipalay shall likewise continue
exercising their functions and duties and they shall be automatically
absorbed by the City Government of Sipalay.
Sec. 54. Succession Clause. — The City of Sipalay
shall succeed to all the assets, properties, liabilities and
obligations of the Municipality of Sipalay.
Sec. 55. Election of Provincial Governor and
Sangguniang Panlalawigan Members of the Province of Negros Occidental.
— The qualified voters of the City of Sipalay shall qualify to vote and
run for any elective position in the elections for provincial governor,
provincial vice governor, sangguniang panlalawigan members and other
elective offices for the Province of Negros Occidental.
Sec. 56. Jurisdiction of the Province of Negros
Occidental. — The City of Sipalay shall, unless otherwise provided by
law, continue to be under the jurisdiction of Negros Occidental
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 Sipalay shall continue to be a part of the
Sixth Congressional District of Negros Occidental 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 Sipalay 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 Sipalay 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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