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REPUBLIC ACT NO. 8489 - AN ACT
CONVERTING THE MUNICIPALITY OF TALISAY, NEGROS OCCIDENTAL, INTO A
COMPONENT CITY TO BE KNOWN AS THE CITY OF TALISAY |
ARTICLE I Section 1. Title. — This Act shall be known as the Charter of the City of Talisay in the Province of Negros Occidental. Sec. 2. The City of Talisay. — The Municipality of
Talisay is hereby converted into a component city to be known as the
City of Talisay, hereinafter referred to as the City, which shall
comprise of the present territory of the Municipality of Talisay,
Negros Occidental. The territorial jurisdiction of the City shall be
within the present metes and bounds of the Municipality of Talisay with
the technical description as follows: 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
pertain to a municipal corporation, to be exercised in conformity with
the provisions of this Charter. The City shall have the following
corporate powers: Sec. 4. General Powers of the City. — The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes, close and open roads, streets, alleys, parks or squares subject to the provisions of the Constitution and existing laws. It may take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interest of the City, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits wherein said City is a party, and exercise all the powers as are granted to corporations and/or hereinafter conferred. 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 Talisay, for police purposes only, shall be
coextensive with its territorial jurisdiction, and for the purpose of
protecting and insuring the purity of the water supply of the City,
such police jurisdiction shall also extend over all 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 or municipal courts of the adjoining
municipalities or cities, to try crimes and misdemeanors committed
within said drainage area, or within said spaces of one hundred meters
(100 m.). The court first taking cognizance of such an offense shall
have jurisdiction to try said cases to the exclusion of others. Any
license that may be issued within said zone, area or spaces shall be
granted by the proper authorities of the city or municipality
concerned, and that fees arising therefrom shall accrue to the treasury
of the said city or municipality. ARTICLE II Sec. 7. The Officials of the City of Talisay. — (a) There shall be in the City of Talisay a city mayor, a city vice-mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city zoning administrator, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, a city general services officer and a city agriculturist. (b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city population officer, a city environment and natural resources officer, a city cooperatives officer, an assistant city treasurer, and an assistant city assessor. (c) The City of Talisay may: (1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; (2) Create such other offices as may be necessary to carry out the purposes of the City; or (3) Consolidate the functions of any office with those of another in the interest of efficiency and economy. (d) Unless otherwise provided herein, all appointive city officials of the City 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 appointments within fifteen (15) days from the date of their submission otherwise the same shall be deemed confirmed. (e) Elective and appointive city officials shall receive such compensation, allowances and other emoluments as may be determined by law or ordinance, subject to budgetary limitation on personal services prescribed under Title Five, Book II of Republic Act No. 7160: Provided, That no increase in compensation of the mayor, vice-mayor and sangguniang panlungsod members shall take effect until after the expiration of their term, unless otherwise superseded by legal orders. ARTICLE III 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 the 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, including all emoluments and allowances as may be allowed by law. (b) The city mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided herein: (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 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; (f) Represent the City in all its business transactions and sign in its behalf all bonds, contracts and obligations, and such other documents upon authority of the sangguniang panlungsod or pursuant to existing laws or ordinances; (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 officials and employees of the City, in accordance with law or ordinances; (i) Allocate and assign office space to the City and other 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 laws as confidential; (l) Furnish copies of executive orders issued by him to the respective council chairmen 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 or employees in the formulation and implementation of plans, programs and projects; and, when appropriate, initiate any 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 the 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 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 and 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 corporate powers as well as implement all approved policies, programs, projects, services and activities of the City: (a) Ensure that the acts of the City's component barangays are within the scope of their prescribed powers, duties and functions; (b) Call conventions, conferences, seminars or meetings of elective and appointive officials and employees stationed in or assigned to the City, at such time and place and on such subject as 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 firearm within his territorial jurisdiction; (e) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the City and upon its approval, implement the same and as such exercise general and operational control and supervision over the local 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, lawlessness, violence, rebellion or sedition, or to 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 in the implementation of development plans, program objectives and priorities, particularly those resources and revenues programmed for agro-industrial development and countryside growth and progress: (a) Require each head of office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process and in accordance with the provisions of the Local Government Code; (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; (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; (e) Issue permits without need of approval from any agency for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance 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 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 (b) Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by national offices. (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. (6) During his incumbency, the city mayor shall hold office in the city hall. Sec. 9. The City Vice-Mayor. — (a) There shall be
a city 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, including all emoluments and allowances allowed by law. ARTICLE IV Section 10. The Sangguniang Panlungsod. — (a) The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice-mayor as presiding officer, the 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. (b) 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 agriculture or industrial workers and one (1) from the other sectors, including the urban poor, indigenous cultural communities and disabled persons. (c) The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided by law. The elective members of the sangguniang panlungsod shall possess the same qualifications as that of the city mayor and city vice-mayor except that candidates for said positions must be at least eighteen (18) years of age on election day. (d) The sangguniang panlungsod members shall receive a minimum monthly compensation corresponding to salary and allowances allowed by law. (e) The sangguniang panlungsod shall: (1) Approve ordinances and pass resolutions necessary for an efficient and effective city government and relative thereto, shall: (a) Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sangguniang barangay and of the punong barangay; (b) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances; (c) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both at the discretion of the court, for the violation of a city ordinance; (d) Adopt measures to protect the inhabitants of the City from the 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 drugs 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 and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and 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 imbalances; (g) Subject to the provisions of the Local Government Code and 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 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, records 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 barangay officials who, in the performance of their duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and (m) Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow 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: (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 and applicable laws and upon the majority vote of all members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; (c) Subject to the provisions of Book II of the Local Government Code 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 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 building 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; (h) Reclassify lands within the jurisdiction of the City, subject to the pertinent provisions of the Local Government Code; (i) Enact integrated zoning ordinances 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 the 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: Provided, however, That where approval of a national agency or office is required, such 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, grant the exclusive privilege of constructing fish corrals or fish pens, 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 reliefs to entities engaged in community growth-inducing industries, subject to the provisions of the Local Government Code; (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 and 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: Provided, That 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, markets or slaughterhouses; or undertake such other activities within the City as may be allowed by existing laws: Provided, That 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) 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; or require the filling up of any land or premises to a grade necessary for proper sanitation; (c) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments; (d) 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; (e) Regulate the sale, giving away or dispensing of any intoxicating malt, vine, mixed or fermented liquors at any retail outlet; (f) 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; (g) Regulate the establishment, operation and maintenance of any entertainment or amusement facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places for entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension of the same; or prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community; and (h) Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations. (5) Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities as provided for under the Local Government Code and, in addition to said services and facilities, shall: (a) Provide for the establishment, maintenance, protection and conservation of communal forests and watersheds, tree parks, green belts 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) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products and other foodstuffs for public consumption; (d) 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 the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places; (e) 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 construction in public places; (f) 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 the said water supply and within one hundred meters (100 m.) of reservoir, conduit, canal, 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; (g) 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, sewer, 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; (h) 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, defective or otherwise hazardous to the welfare of the inhabitants; (i) Subject to the availability of funds and to 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 and other school charges in educational institutions supported by the city government; (j) Establish a scholarship fund for poor but deserving students in schools located within its jurisdiction or for students residing within the City; (k) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases; (l) Provide for an efficient and effective system of solid waste and garbage collection and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes; (m) 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 youth below eighteen (18) years of age and, subject to availability of funds, establish and provide for the operation of centers and facilities for said needy and disadvantaged persons; (n) 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; (o) 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 (p) Establish a city council for the elderly which shall formulate policies and adopt measures 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; and (q) Authorize the establishment, maintenance and operation by the city government of ferries, wharves and other structures intended to alleviate productivity related to marine and seashore or offshore activities. (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 Section 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. Section 12. Full Disclosure of Financial and Business
Interest of Sangguniang Panlungsod Members. — (a) Every sangguniang
panlungsod members shall, upon assumption to office, make a full
disclosure of his business and financial interest. He shall also
disclose any business, financial or 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 interest.
Such relationship shall include: Section 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 regular sessions. The minimum number of regular sessions
shall be once a week for the sangguniang panlungsod and twice a month
for the sangguniang barangay. Section 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. Section 15. Approval of Ordinances/Resolutions. — (a)
Every ordinance enacted and/or resolution passed 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. Section 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 therefor in writing. Section 17. Review of Barangay Ordinance 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. Section 18. 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. Section 19. 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
Talisay and in at least two (2) other conspicuous places in the City of
Talisay. Sec. 20. Disqualification of Elective Public City
Officials. — The following persons are disqualified from running for
any elective position in the City: Sec. 21. 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 shall ipso facto
become the city mayor. If a permanent vacancy occurs in the offices of
the mayor or vice-mayor, the highest ranking sangguniang panlungsod
member or, in case of his permanent inability, the second highest
ranking sangguniang panlungsod member shall ipso facto become the city
mayor or the city vice-mayor, as the case may be. Subsequent vacancies
in the said offices shall be filled automatically by the other
sanggunian members according to their ranking as defined herein. Sec. 22. Permanent Vacancies in the Sanggunian. — Sec. 23. 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 or the highest ranking sangguniang panlungsod
member 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. Sec. 24. City Elective Officers. — (a) There shall
be established in the city government of the City of Talisay the
following offices for its elective officials: Sec. 25. The Secretary to the Sangguniang
Panlungsod. — (a) There shall be a secretary to the sangguniang
panlungsod who shall be a career official with the rank and salary
equal to a head of department or office and who shall be appointed by
the city vice-mayor. 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 civil service law, rules and regulations. 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. Sec. 28. The City Assessor. — (a) The city
assessor must be a citizen of the Philippines, a resident of the City
of Talisay for at least three (3) years on the date of appointment, of
good moral character, a holder of a college degree preferably in civil
or mechanical engineering, commerce or in 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. Sec. 29. The Assistant City Assessor. — (a) The
assistant city assessor must be a citizen of the Philippines, a
resident of the City of Talisay for at least three (3) years on the
date of appointment, 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. Sec. 30. The City Accountant. — (a) The city
accountant must be a citizen of the Philippines, a resident of the City
of Talisay for at least three (3) years on the date of appointment, 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. Sec. 31. The City Budget Officer. — (a) The city
budget officer must be a citizen of the Philippines, a resident of the
City of Talisay for at least three (3) years on the date of
appointment, 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. 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 Talisay for
at least three (3) years on the date of appointment, 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. Sec. 33. The City Engineer. — (a) The city
engineer must be a citizen of the Philippines, a resident of the City
of Talisay for at least three (3) years on the date of appointment, of
good moral character, and a licensed 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. Sec. 34. The City Health Officer. — (a) The city
health officer must be a citizen of the Philippines, a resident of the
City of Talisay for at least three (3) years on the date of his
appointment, 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. Sec. 35. The City Civil Registrar. — (a) The city
civil registrar must be a citizen of the Philippines, a resident of the
City of Talisay for at least three (3) years on the date of
appointment, 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. Sec. 36. The City Administrator. — (a) The city
administrator must be a citizen of the Philippines, a resident of the
City of Talisay for at least three (3) years on the date of
appointment, of good moral character, a holder of a college degree
preferably in public administration, law or any related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in
management and administration work for at least five (5) years
immediately preceding the date of his appointment. Sec. 37. The City Legal Officer. — (a) The city
legal officer must be a citizen of the Philippines, a resident of the
City of Talisay for at least three (3) years on the date of
appointment, 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. 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 Talisay for at
least three (3) years on the date of appointment, of good moral
character, a duly licensed social worker or a holder of a college
degree preferably in sociology 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 the practice of social
work for at least five (5) years immediately preceding the date of his
appointment. Sec. 39. 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
Talisay for at least three (3) years on the date of appointment, 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
environmental and natural resources management, conservation and
utilization work for at least five (5) years immediately preceding the
date of his appointment. Sec. 40. The City Architect. — (a) The city
architect must be a citizen of the Philippines, a resident of the City
of Talisay for at least three (3) years on the date of appointment, 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. Sec. 41. The City Information Officer. — (a) The
city information officer must be a citizen of the Philippines, a
resident of the City of Talisay for at least three (3) years on the
date of appointment, of good moral character, a holder of a college
degree preferably in journalism, mass communication or any other
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 in writing for print,
television or broadcast media for at least five (5) years immediately
preceding the date of his appointment. Sec. 42. The City Cooperatives Officer. — (a) The
city cooperatives officer must be a citizen of the Philippines, a
resident of the City of Talisay for at least three (3) years on the
date of appointment, of good moral character, a holder of a college
degree preferably in business administration with special training in
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 in cooperatives organization and management for
at least five (5) years immediately preceding the date of his
appointment. Sec. 43. The City Population Officer. — (a) The
city population officer must be a citizen of the Philippines, a
resident of the City of Talisay for at least (3) years on the date of
appointment, of good moral character, a holder of a college degree 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
on population development or responsible parenthood for at least three
(3) years immediately preceding the date of his appointment. Sec. 44. The City Veterinarian. — (a) The city
veterinarian must be a citizen of the Philippines, a resident of the
City of Talisay for at least three (3) years on the date of
appointment, 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. Sec. 45. The City General Services Officer. — (a)
The city general services officer must be a citizen of the Philippines,
a resident of the City of Talisay for at least three (3) years on the
date of appointment, of good moral character, a holder of a college
degree on 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, property, solid waste
disposal and general sanitation for at least five (5) years immediately
preceding the date of his appointment. Sec. 46. The City Agriculturist. — (a) The city
agriculturist must be a citizen of the Philippines, a resident of the
City of Talisay for at least three (3) years on the date of
appointment, of good moral character, a holder of a college degree in
agriculture or any 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
experience in a related field for at least five (5) years immediately
preceding the date of his appointment. Sec. 47. The City Zoning Administrator. — (a) The
city zoning administrator must be a citizen of the Philippines, a
resident of the City of Talisay for at least three (3) years on the
date of appointment, of good moral character, a holder of a college
degree, preferably a member of the Philippine Bar or a civil engineer,
or any related course from a recognized college or university. He must
be a first grade civil service eligible or its equivalent and have
acquired experience in related work for at least five (5) years
immediately preceding his appointment. Sec. 48. The City Fire Station Service. — (a)
There shall be established in the City at least one (1) fire station
with adequate personnel, firefighting facilities and equipment, subject
to the standards, rules and regulations as may be promulgated by the
Department of the Interior and Local Government. The City shall provide
the necessary land or site of the station. Sec. 49. 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 city
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 or health
officer, pending the transfer to a mental institution. Sec. 50. Municipal Ordinances Existing at the Time of the Approval of this Act. — All municipal ordinances of the Municipality of Talisay existing at the time of the approval of this Act shall continue to be in force within the City of Talisay until the sangguniang panlungsod shall, by ordinance, provide otherwise. Sec. 51. Suspension of Increase in Rates of Local Taxes. — No increase in the rates of local taxes shall be imposed by the City of Talisay within a period of five (5) years from its acquisition of corporate existence. Sec. 52. Plebiscite. — The City of Talisay 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 Talisay within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Talisay. The Commission on Elections shall conduct and supervise such plebiscite. Sec. 53. Officials of the City of Talisay. — The present elective officials of the Municipality of Talisay shall continue to exercise their powers and functions until their three-year term shall have expired or until such time that a new election is held and duly elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the Municipality shall likewise continue exercising their functions and duties as such and they shall be automatically absorbed by the city government of the City of Talisay. Sec. 54. Succession Clause. — The City of Talisay shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Talisay. Sec. 55. Representative District. — Until otherwise provided by law, the City of Talisay shall continue to be part of the Third Congressional District of the Province of Negros Occidental. Sec. 56 . Applicability of Laws. — The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and other laws pertaining to the Province of Negros Occidental and such laws as are applicable to cities shall govern the City of Talisay insofar as they are not inconsistent with the provisions of this Act. Sec. 57. 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. 58. Repealing Clause. — All laws, decrees, rules or regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Sec. 59. Effectivity. — This Act shall take effect
upon its approval. Approved: February 11, 1998 |
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