Be it enacted by the Senate and
House of Representatives of the Philippines
in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Title. - This Act shall be known as the "Charter of the City of Lamitan".
Sec. 2. The City of Lamitan. - The Municipality of Lamitan shall be
converted into a component city to be known as the City of Lamitan,
hereinafter referred to. as the City, which shall comprise the present
territory of the Municipality of Lamitan, Province of Basilan. The
territorial jurisdiction of the City shall be within the present metes
and bounds of the Municipality of Lamitan.
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
Lamitan and the adjoining local government units: Provided, That the
territorial jurisdiction of the disputed area or areas shall remain
with the local government unit which has existing administrative
supervision over said area or areas until the final resolution of the
case.
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 provision of this
Charter. The City shall have the following corporate powers:
a. To have a
continuous succession in its corporate name;
b. To sue and be sued;
c. To have and use a corporate seal;
d. To acquire, hold and convey real or personal
property;
e. To enter into any contract and/or agreement; and
f. To exercise such other powers, prerogatives or
authority subject to the limitations provided in this Act or laws.
Sec. 4. General Powers. - The City shall have a common seal and may
alter the same at pleasure. It shall exercise the powers to levy taxes;
to close and open roads, streets, alleys, parks or squares; to take,
purchase, receive, hold, lease, convey and dispose of real and personal
property for the general interests of the City; to expropriate or
condemn private property for public use; to contract and be contracted
with; to sue and be sued; to prosecute and defend to final judgment and
execution suits wherein the City is involved or interested in; and to
exercise all the powers as are granted to corporations or as
hereinafter 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
Lamitan 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 city court of the City of Lamitan shall have concurrent
jurisdiction with the city or municipal court 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. The
police force of several municipalities and cities concerned shall have
concurrent jurisdiction with the police of the City for the maintenance
of good order and the enforcement of ordinances throughout said zone,
area or spaces. 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 concerned and not to the
City.
ARTICLE II
CITY OFFICIALS IN GENERAL
Sec. 7. The Officials of the City of Lamitan. -
a. There shall be in the City of Lamitan: 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
officer, 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 cooperatives officer and a city building
officer.
b. In addition thereto, the city mayor may appoint a city
environment and natural resources officer, a city architect, a city
information officer, a city population officer and a city agriculturist.
c. There shall be established in the City, a city fire station to
be headed by a city fire marshal, a city jail to be headed by a city
jail warden and a city schools division to be headed by a city schools
division superintendent.
d. The sangguniang panlungsod of the City of Lamitan may:
1. Maintain existing
offices not mentioned in subSections (a), (b) and (c) 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.
e. 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 members of the sangguniang panlungsod, 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 CITY 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, he is at least twenty-one (21) years of age, an
actual resident of the City for at least one year prior to his election
and a qualified voter therein. He shall hold office for three years,
unless sooner removed, and shall receive a minimum monthly compensation
corresponding to Salary Grade Thirty (30) as prescribed under Republic
Act No. 6758, otherwise known as the Salary Standardization Law, and
the implementing guidelines issued pursuant thereto.
The city mayor, as the chief executive of the city government, shall
exercise such powers and perform such duties and functions as provided
herein.
b. For efficient, effective and economical governance, the
purpose of which is the general welfare of the City and its
inhabitants, the city mayor shall:
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 the general welfare:
i. Determine the
guidelines of city policies and be responsible to the sangguniang
panlungsod for the program of government;
ii. 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;
iii. 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;
iv. 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;
v. Appoint all officials and employees whose
appointments are not otherwise provided for in this Act, as well as
those he may be authorized by law to appoint;
vi. Represent the City in all its business
transactions and sign on its behalf all bonds, contracts arid
obligations, and such other documents upon authority of the sangguniang
panlungsod or pursuant to law or ordinance;
vii. Carry put such emergency measures as may be
necessary during and in the aftermath of man-made and natural disasters
and calamities;
viii. 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 ordinance;
ix. 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;
x. 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;
xi. 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;
xii. Furnish copies of executive orders issued by him
to the Office of the President and the Office of the Secretary of the
Department of the Interior and Local Governments (DILG) within
seventy-two (72) hours after their issuance;
xiii. Visit component barangays of the City at least
once every six 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;
xiv. 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;
xv. Authorize official trips of city officials and
employees outside of the City for a period not exceeding thirty (30)
days: Provided, That the trips abroad or for a longer period may be
authorized in accordance with the Local Government Code of 1991;
xvi. 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;
xvii. 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;
xviii. Solemnize marriages, any provision
of law to the contrary notwithstanding;
xix. 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 (DepEd); and
xx. Submit to the provincial governor the following
reports: (a) 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 (b) 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 and, in addition, shall:
i. 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;
ii. (ii) Call conventions, conferences, seminars or
meetings of elective or appointive officials of the City, including
national 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;
iii. (iii) Issue such executive orders for the
faithful and appropriate enforcement and execution of laws and
ordinances;
(iv) Be entitled to carry the necessary firearms within his
territorial jurisdiction;
iv. (v) 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
the general and operational control and supervision over the police
forces in the City in accordance with Republic Act No. 6975, otherwise
known as the Philippine National Police Law, and
v. (vi) 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. (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
those resources and revenues programmed for agro-industrial development
and countryside growth and progress, and relative thereto shall:
i. (i) 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
budget preparation process enshrined under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991;
ii. (ii) 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;
iii. (iii) 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;
iv. (iv) 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;
v. (v) Issue permits, without need of approval
therefore from any national 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;
vi. (vi) 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;
vii. (vii) Adopt adequate measures to safeguard and
conserve land, mineral, forest and other resources of the City;
viii. (viii) Provide efficient and effective property
and supply management in the City and protect the funds, credits,
rights and other properties of the City; and
ix. (ix) 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. (4) Ensure the delivery of basic services and the
provision of adequate facilities and, in addition thereto shall:
i. (i) 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
ii. (ii) Coordinate the implementation of technical
services, including public works and infrastructure programs, rendered
by national offices;
5. (5) Perform such other duties and functions and
exercise such other powers, as provided for under the Local Government
Code of 1991, and those that are prescribed by law or ordinance.
c. (c) During his incumbency, the city mayor shall
hold office in the city hall.
Sec. 9. The City Vice Mayor. -
a. (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 years, unless sooner removed, and shall receive a monthly
compensation corresponding to Salary Grade Twenty-six (26) as
prescribed under the Salary Standardization Law and the implementing
guidelines issued pursuant thereto.
b. (b) The city vice mayor shall:
1. (1) Be the
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. (2) Subject to civil service law, rules and
regulations, appoint all officials and employees of the sangguniang
panlungsod, except those whose manner of appointment is specifically
provided for under existing laws;
3. (3) Assume the office of the city mayor for the
unexpired term of the latter in the event of permanent vacancy;
4. (4) Exercise the powers and perform the duties and
functions of the city mayor in case of temporary vacancy; and
5. (5) Perform such other duties and functions and
exercise such other powers as provided for under the Local Government
Code of 1991, and those that are prescribed by law or ordinance.
ARTICLE IV
THE SANGGUNIANG PANLUNGSOD
Sec. 10. Composition. -
a. (a) The sangguniang panlungsod, the legislative body of the
City, shall be composed of the city vice mayor as the presiding
officer, the 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. (b) In addition thereto, there shall be three sectoral
representatives: one 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 from the agricultural or industrial workers;
and one from the other sectors, including the urban poor or disabled
persons.
c. (c) The regular members of the sangguniang panlungsod and the
sectoral representatives shall be elected in the manner as may be
provided for by law.
Sec. 11. Powers, Duties, Functions and Compensation. -
a. (a) The sangguniang panlungsod, as the legislative body of the
City, shall enact ordinances, approve resolutions and appropriate funds
for the general welfare of the City and its inhabitants pursuant to
Section 16 of the Local Government Code and in the proper exercise of
the corporate powers of the City as provided for under Section 22 of
the Local Government Code, and shall:
1. (1) Approve
ordinances and pass resolutions necessary for an efficient and
effective city government, and in this connection, shall:
i. (i) 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 sanggunian and of the punong
barangay;
ii. (ii) 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
ordinance;
iii. (iii) Approve ordinances imposing a fine not
exceeding Five thousand pesos (P5,000.00) or an imprisonment for a
period not exceeding one year, or both, at the discretion of the court,
for violation of a city ordinance;
iv. (iv) 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 to victims
during and in the aftermath of said disasters or calamities and in
their return to productive livelihood following said events;
v. (v) Enact ordinances intended to prevent, suppress
and impose appropriate penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution, the 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;
vi. (vi) 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 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;
vii. (vii) Subject to the provision of the Local
Government Code and the pertinent laws, determine the powers and duties
of officials and employees of the City;
viii. (viii) Consistent with the Salary
Standardization Law, 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, semises and
activities of the city government;
ix. (ix) Authorize the payment of compensation to a
qualified person not in the government service who fills in a temporary
vacancy in a concurrent capacity at the rate authorized by law;
x. (x) Provide a mechanism and the appropriate funds
therefor to ensure the safety and protection of all city government
properties, 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;
xi. (xi) 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;
xii. (xii) Provide legal assistance to barangay
officials who, in the performance of their official duties or on the
occasion thereof, have to initiate judicial proceedings or defend
themselves against legal actions; and
xiii. (xiii) 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. (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 citywide growth and progress;
i. (i)
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;
ii. (ii) Subject to the provisions of Book
II of the Local Government Code 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;
iii. (iii) 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. The
application for loans or other forms of indebtedness and the terms and
conditions thereof shall, before approval, be published in a newspaper
of general circulation in the City. Once approved, the contract
covering the loans or other forms of indebtedness shall be furnished to
any city resident requesting a copy thereof, upon payment of reasonable
fee;
iv. (iv) 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. The authorization to float bonds or other instruments of
indebtedness shall be published in a newspaper of general circulation
in the City. Once approved, the contract covering the floating of bonds
or other instruments of indebtedness shall be furnished to any city
resident requesting a copy thereof upon payment of reasonable fees;
v. (v) 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;
vi. (vi) Prescribe reasonable limits and
restraints on the use of property within the jurisdiction of the City;
vii. (vii) Adopt a comprehensive land-use
plan for the City and ensure that the formulation, adoption or
modification of said plan shall be in coordination within the approved
provincial comprehensive land-use plan;
viii. (viii) Reclassify lands within the
jurisdiction of the City, subject to the pertinent provisions of the
Local Government Code;
ix. (ix) 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 said fire
limits or zones in accordance with the provisions of the Fire Code;
x. (x) 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, 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;
xi. (xi) 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;
(xii) 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;
(xiii) Regulate the numbering of residential, commercial and
other buildings; and
(xiv) Regulate the inspection, weighing and measuring of
articles of commerce.
3. (3) Subject to the provisions of Book
II of the Local Government Code, 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:
(i) Fix and impose
reasonable fees and charges for all services rendered by the city
government to private persons or entities;
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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;
(vi) 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
(vii) 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: Provided, That cooperatives shall be
given preference in the grant of such franchise.
4. (4) Regulate activities relative to the
use of land, buildings and structures within the City in order to
promote the general welfare and, for the said purpose, shall:
(i) Declare, prevent or
abate any nuisance;
(ii) 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;
(iii) Require that buildings and the premise 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
lands or premises to a grade necessary for proper sanitation;
(iv) Regulate the disposal of clinical and other wastes from
hospitals, clinics and other similar establishments;
(v) 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;
(vi) Regulate the sale, giving away or dispensing of any
intoxicating malt, vino, mixed or fermented liquors at any retail
outlets;
(vii) 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;
(viii) 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;
(ix) 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; and
(x) 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. (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 and, in
addition to said services and facilities, shall:
(i) Provide for the
establishment, maintenance, protection and conservation of tree parks
and greenbelts;
(ii) 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;
(iii) Authorize the establishment, maintenance and operation
by the city government of ferries, wharves, and/or other structures
intended to accelerate productivity related to marine life in the
preservation thereof;
(iv) Regulate the preparation and sale of meat, poultry,
fish, vegetables, fruits, fresh dairy products and other foodstuffs for
public consumption;
(v) 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;
(vi) 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;
(vii) 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 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;
(viii) 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;
(ix) 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;
(x) 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 DepEd, the Commission on
Higher Education (CHED) or the Technical Education and Skills
Development Authority, as the case may be, 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;
(xi) Establish a scholarship fund for the poor but deserving
students in schools located within its jurisdiction or for students
residing within the City;
(xii) Approve measures and adopt quarantine regulations to
prevent the introduction and spread of diseases;
(xiii) 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;
(xiv) 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 youth below
eighteen (18) years of age, and subject to the availability of funds,
establish and provide for the operation of centers and facilities for
the said needy and disadvantaged persons;
(xv) 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;
(xvi) 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
(xvii) Establish a city council for the elderly and senior
citizens 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. (6) Perform such other duties and
functions and exercise such other powers as provided for under the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
b. (b) The members of the sangguniang panlungsod of
the City of Lamitan shall receive a minimum monthly compensation
corresponding to Salary Grade Twenty-five (25) as prescribed under the
Salary Standardization Law and the Implementing guidelines issued
pursuant thereto.
ARTICLE V
PROCESS OF LEGISLATION
Sec. 12. 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 consecutive sessions for
which they may be censured, reprimanded or excluded from the session,
suspended for not more than sixty (60) days, or expelled: Provided,
That the penalty of suspension or expulsion shall require the
concurrence of at least two-thirds (2/3) vote of all the sanggunian
members: Provided, further, That the member convicted by final judgment
to imprisonment of at least one year for any crime involving moral
turpitude shall be automatically expelled from the sanggunian.
(6) Such other rules as the sanggunian may adopt.
Sec. 13. 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 provision
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:
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. 14. 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.
(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 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 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 sangguniang panlungsod shall keep a journal and record of its
proceedings, which may be published upon resolution of the majority of
its members.
Sec. 15. 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 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 Lamitan, to arrest the absent member and present him at the
session.
(c) If there is still no quorum despite the enforcement of the
immediately preceding subSection, no business shall be transacted. The
presiding officer, upon proper motion duly approved by the members
present, shall then declare the session adjourned for lack of quorum.
Sec. 16. 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. 17. 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 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. 18. Review of City Ordinances by the Sangguniang Panlalawlgan. -
(a) Within three 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 the
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. 19. 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. 20. Enforcement of Disapproved Ordinances or Resolutions. - Any
attempt to enforce any ordinance or any resolution approving the local
development plan and the public investment program after the
disapproval thereof, shall be sufficient ground for the suspension or
dismissal of the official or employee concerned.
Sec. 21. Effectivity of Ordinances or Resolutions.- (a) Unless
otherwise stated in the ordinance or the resolution approving the local
development plan and the 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 Lamitan and in at
least two other conspicuous places in the City of Lamitan not later
than five days after approval thereof.
(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 in at least two conspicuous places not later than five
days after approval thereof.
The text of the ordinance or resolution shall be disseminated and
posted in Filipino or English 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. Provided, That
in the absence thereof, the ordinance or resolution shall be published
in any newspaper of general circulation: Provided, further, That the
gist of all ordinances with penal sanctions shall also be published in
a newspaper of general circulation.
ARTICLE VI
SUCCESSION OF ELECTIVE CITY OFFICIALS
Sec. 22. Permanent Vacancy In the Offices of the City Mayor and the
City Vice Mayor. - (a) If a permanent vacancy occurs in the office of
the city mayor, the city vice mayor 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 vice mayor. If permanent vacancies occur
in both the offices of the city mayor and the city vice mayor, the
first and second highest ranking sangguniang panlungsod members, or in
case of permanent incapacity of one or both of them, the next highest
ranking sangguniang panlungsod member or members, shall become the city
mayor and the city vice mayor, respectively. 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.
(d) 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.
(e) 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 immediately preceding local election.
Sec. 23. Permanent Vacancies in the Sanggunian. - Permanent vacancies
in the sangguniang panlungsod where automatic succession as provided
above does not apply shall be filled by appointments in the following
manner:
(a) The governor shall make
the aforesaid appointments;
(b) 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;
(c) In case the permanent vacancy is caused by a sanggunian
member who does not belong to any political party, the city mayor
shall, upon the recommendation of the sangguniang panlungsod, appoint a
qualified person to fill the vacancy; and
(d) 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 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.
(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 causes no longer exist.
(c) When the city mayor is traveling within the country but outside
territorial jurisdiction for a period not exceeding three 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 or the highest ranking
sangguniang panlungsod member, as the case may be, 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 for in subSection (c) hereof.
(e) Except as provided above, the city mayor shall, in no case,
authorize any local official to assume the powers, duties and functions
of the office, other than the city vice mayor or the highest ranking
member of the sangguniang panlungsod, as the case may be.
ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY
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 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 Lamitan, of good moral character, a holder of a college 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 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 and 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 Section 326, Book II of the Local
Government Code;
(5) Forward to the sangguniang panlalawigan copies of duly
approved ordinances in the manner provided in Sections 56 and 327 of
the Local Government Code;
(6) Furnish, upon the 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;
(10) Take custody of the local archives, and where
applicable, the local library and annually account for the same; and
(11) Perform such other duties and functions and exercise
such other powers as provided for under the Local Government Code, and
those that are prescribed by law or ordinance.
Sec. 26. The City Treasurer. - (a) The city treasurer shall
be appointed by the Secretary of the Department of Finance from a list
of at least three ranking eligible recommendees of the city mayor,
subject to 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 city treasurer unless he is a citizen
of the Philippines, a resident of the City of Lamitan, 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 experience in treasury or accounting service for at least five
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 finance
department, 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;
(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 shall be appointed by the Secretary of the Department of
Finance from a list of at least three 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 Lamitan, 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 five 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 to 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 Lamitan, 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
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 assessment
department, 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 a 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;
(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 Lamitan, 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 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 all real
properties 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 Lamitan, of good
moral character and a certified public accountant. He must have
acquired experience in treasury or accounting service for at least five
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 the 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 liquidations
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 analysis 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 Lamitan, 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 years
immediately preceding the date of his appointment.
(b) The city budget officer shall take charge of the city budget
department, 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 DBM;
(6) Coordinate with the city treasurer, the city accountant
and the city planning and development officer for the purpose of
budgeting;
(7) Assist the sangguniang panlungsod in reviewing the
approved budgets of the component units and barangays;
(8) Coordinate with the city planning and development
officer 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 Officer. - (a) The city
planning and development officer must be a citizen of the Philippines,
a resident of the City of Lamitan, 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 years.
(b) The city planning and development officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city planning and development officer 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 sangguniang panlungsod;
(7) Promote people's participation in development planning
within the City;
(8) Exercise supervision and control over the secretariat of
the local development council; and
(9) Perform such other duties and functions and exercise
such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 33. The City Engineer. - (a) The city engineer must be a citizen
of the Philippines, a resident of the City of Lamitan, of good moral
character and a licensed civil engineer. He must have acquired
experience in the practice of his profession for at least five 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
investigations 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
Lamitan, of good moral character and a licensed medical practitioner.
He must have acquired experience in the practice of his profession for
at least five 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 the provision of adequate facilities relative to
health services as provided for under Section 17 of the Local
Government Code;
(3) Develop plans and strategies and, upon approval thereof
by the city mayor, implement the same, particularly those which have to
do with health programs and projects which the city mayor is empowered
to implement and which the sangguniang panlungsod is empowered to
provide for under the Local Government Code;
(4) In addition to the foregoing duties and functions, the
city health officer shall:
(i) Formulate and implement
policies, plans and projects to promote the health of the people in the
City;
(ii) Advise the city mayor and the sangguniang panlungsod on
matters pertaining to health;
(iii) Execute and enforce all laws, ordinances and
regulations relating to public health;
(iv) 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;
(v) Recommend the prosecution of any violation of sanitary
laws, ordinances or regulations;
(vi) 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;
(vii) Conduct health information campaigns and render health
intelligence services;
(viii) Coordinate with other government agencies and
nongovernmental organizations involved in the promotion and delivery of
health services; and
(ix) 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
(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. 35. The City Civil Registrar. - (a) The city civil
registrar must be a citizen of the Philippines, a resident of the City
of Lamitan, 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 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 Lamitan, 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;
(2) In addition to the foregoing duties and functions, the
city civil registrar shall:
(i) Accept all registrable
documents and judicial decrees affecting the civil status of persons;
(ii) File, keep and preserve in a secure place the books
required by law;
(iii) Transcribe and enter immediately upon receipt all
registrable documents and judicial decrees affecting the civil status
of persons in the appropriate civil registry books;
(iv) Transmit to the Office of the Civil Registrar-General,
within the prescribed period, duplicate copies of registered documents
required by law;
(v) Issue certified transcripts or copies of any certificate
or registered documents upon payment of the required fees to the
treasurer;
(vi) Receive applications for the issuance of a marriage
license and, after determining that the requirements and supporting
certificates and publication thereof for the prescribed period have
been complied with, issue the license upon payment of the authorized
fee to the treasurer; and
(vii) 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
Lamitan;
(3) Perform such other duties and functions and exercise
such other powers as provided for under the Local Government Code, 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 Lamitan, 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 years immediately
preceding the date of his appointment.
(b) The term of the city administrator is coterminous with that of his
appointing authority.
(c) The city administrator shall receive such compensation, emoluments
and allowances as may be determined by law.
(d) 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;
(2) In addition to the foregoing duties and functions, the
city administrator shall:
(i) 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;
(ii) Establish and maintain a sound personnel program for
the City designed to promote career development and uphold the merit
principle in the local government service; and
(iii) 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 the Local Government Code, 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
Lamitan, of good moral character and a member of the Philippine Bar. He
must have practiced his profession for at least five years immediately
preceding the date of his appointment. The term of the city legal
officer shall be coterminous with that of his appointing authority.
(b) The city legal officer shall receive such compensation, emoluments
and allowances as may be determined by law.
(c) 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 the 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 the programs and projects related to legal services 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 legal officer shall:
(i) Represent the City in
all civil actions and special proceedings wherein the City or any
official thereof, in his official capacity, is a party;
(ii) When required by the city mayor or sanggunian, draft
ordinances, contracts, bonds, leases and other instruments involving
any instruments already drawn;
(iii) Render his opinion in writing on any question of law
when requested to do so by the city mayor or sanggunian;
(iv) Investigate or cause to be investigated any city
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;
(v) Investigate or cause to be investigated any person, firm
or corporation holding any franchise or exercising any public privilege
for failure to comply with any term or condition in the grant of such
franchise or privilege, and recommending appropriate action to the city
mayor or sangguniang panlungsod as the case may be;
(vi) 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
(vii) Review and submit recommendations on ordinances
approved and executive orders issued by component units and barangays;
(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 violation 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 the Local Government Code, 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 Lamitan, 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 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 the social welfare and development, and shall:
(1) Formulate measures for
the approval of the sangguniang panlungsod and provide technical
assistance and support to the city mayor in carrying out measures to
ensure the delivery of basic services and the 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) In addition to the foregoing duties and functions, the
city social welfare and development officer shall:
(i) Identify the basic needs
of the needy, the disadvantaged and the impoverished and develop and
implement appropriate measures to alleviate their problems and improve
their living conditions;
(ii) Provide relief and appropriate crisis intervention for
victims of abuse and exploitation and recommend appropriate measures to
deter further abuse and exploitation;
(iii) Assist the city mayor in implementing the barangay
level program for the total development and protection of children up
to six years of age;
(iv) Facilitate the implementation of welfare programs for
the differently-abled, elderly, and victims of drug addiction, the
rehabilitation of prisoners and parolees, the prevention of juvenile
delinquency and such other activities which would eliminate or minimize
the ill-effects of poverty;
(v) Initiate and support youth welfare programs that will
enhance the role of the youth in nation-building; and
(vi) Coordinate with government agencies and nongovernmental
organizations which have for their purpose the promotion and protection
of all needy, disadvantaged, underprivileged or impoverished groups or
individuals, particularly those identified to be vulnerable and
high-risk to exploitation, abuse and neglect;
(4) Be in the frontline of the delivery of services
particularly those which have to do with the immediate relief and
assistance 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 social welfare and
development services which will improve the livelihood and the living
conditions of the inhabitants; and
(6) Perform such other duties and functions and exercise
such other powers as provided for under the Local Government Code, 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
Lamitan, of good moral character and a licensed doctor of veterinary
medicine. He must have practiced his profession for at least three
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 the 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:
(i) Advise the city mayor on
all matters pertaining to the slaughter of animals for human
consumption and the regulation of slaughter houses;
(ii) Regulate the keeping of domestic animals;
(iii) Regulate and inspect poultry, milk and dairy products
for public consumption;
(iv) Enforce all laws and regulations for the prevention of
cruelty to animals; and
(v) Take the necessary measures to eradicate, prevent or cure all forms
of animal diseases;
(4) Be in the frontline of the 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 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 other 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 the Local Government Code, 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 Lamitan, of good moral character, a holder of a
college degree in public administration, business administration and
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
three 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
on 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 the 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 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;
(3) In addition to the foregoing duties and functions, the
city general services officer shall:
(i) 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;
(ii) With the approval of the city mayor, assign building or
landspace to city officials and other public officials who by law, are
entitled to such space;
(iii) Recommend to the city mayor the reasonable rental
rates for city properties, whether real or personal, which will be
leased to public or private entities by the city government;
(iv) Recommend to the city mayor reasonable rental rates of
private properties which may be leased for the official use of the city
government;
(v) Maintain and supervise janitorial, security, government
public buildings and other real property, whether owned or leased by
the city government;
(vi) Collate and disseminate information regarding prices,
shipping and other costs of supplies and other items commonly used by
the city government:
(vii) Perform archival and record management with respect to
records of offices and departments of the city government; and
(viii) Perform all other functions pertaining to supply and
property management and enforce policies on records creation,
maintenance and disposal.
(4) Be in the frontline of general services related
activities, such as the possible or 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 other matters relative to general services; and
(6) Perform such other duties and functions and exercise
such other powers as provided for under the Local Government Code, 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 Lamitan, 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 of work for at least five 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 environment service department, and shall:
(1) Formulate measures for
the consideration of the sangguniang panlungsod and provide assistance
and support to the city mayor in carrying out measures to ensure the
delivery of basic services and the provision of adequate facilities
relative to environment and natural resources services as provided for
under Section 17 of the Local Government Code;
(2) Develop plans and strategies and, upon approval thereof
by the city mayor, implement the same, particularly those which have to
do with the environment and natural resources 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 environment and natural resources officer shall:
(i) 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;
(ii) Provide extension service to beneficiaries of forest
development projects and render assistance for natural
resources-related conservation and utilization activities consistent
with ecological balance;
(iii) Manage and maintain seedbanks and produce seedlings
for forests and tree parks;
(iv) Promote the small-scale mining and utilization of
mineral resources, particularly the mining of gold; and
(v) 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 measures 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 the Local Government Code, 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 Lamitan, of good moral
character and a duly licensed architect. He must have practiced his
profession for at least five 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 the provision of adequate
facilities relative to architectural planning and design;
(2) Develop plans and strategies and, upon approval thereof
by the city mayor, implement the same, particularly those which have to
do with architectural planning and design programs and projects which
the city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide for under the Local Government Code;
(3) In addition to the foregoing duties and functions, the
city architect shall:
(i) Prepare and recommend
for consideration of the sangguniang panlungsod 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;
(ii) Review and recommend for appropriate action of the
sangguniang panlungsod or city mayor the architectural plans and design
submitted by government and nongovernment entities or individuals,
particularly those undeveloped, underdeveloped and poorly-designed
areas; and
(iii) Coordinate with government and nongovernment entities
and individuals involved in the aesthetics and the maximum utilization
of 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 the Local Government Code, 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 Lamitan, of good moral character, a holder of a college
degree preferably in journalism, mass communication 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,
broadcast or other forms of mass media for at least five 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 city
information and community relations department, 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 the
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;
(i) Provide relevant,
adequate and timely information to the City and its residents;
(ii) 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
(iii) 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 the Local Government Code, 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
Lamitan, 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 in cooperatives organization and management for
at least five years immediately preceding the date of his appointment.
(b) The city cooperatives officer shall receive such compensation,
emoluments and allowances as may be determined by law.
(c) The city cooperatives officer shall take charge of the office for
the development of cooperatives, and shall:
(1) Formulate measures for
consideration of the sangguniang panlungsod and, provide technical
assistance and support to the city mayor in carrying out measures to
ensure the delivery of basic services and the 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 cooperative principles
and methods in programs 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 cooperatives officer shall;
(i) Assist in the
organization of cooperatives;
(ii) Provide technical and other forms of assistance to
existing cooperatives to enhance their viability as an economic
enterprise and social organization; and
(iii) 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 cooperatives 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 the
quality of life of the inhabitants; and
(6) Perform such other duties and functions and exercise
such other powers as provided for under the Local Government Code, 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 Lamitan, 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 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 the provision of adequate
facilities relative to the integration of 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 programs 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
city population officer shall:
(i) Assist the city mayor in
the implementation of the constitutional provisions relative to
population development and the promotion of responsible parenthood;
(ii) Establish and maintain an updated data bank for program
operations, development planning and an educational program to ensure
the people's participation in and understanding of population
development; and
(iii) 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 the Local Government Code, 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
Lamitan, 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 years
immediately preceding the date of his appointment.
(b) The city agriculturist shall receive such compensation, emoluments
and allowances as may be determined by law.
(c) The city agriculturist shall take charge of the office for
agricultural services, and shall:
(1) Formulate measures for
the approval of the sangguniang panlungsod and provide technical
assistance and support to the city mayor in carrying out measures to
ensure the delivery of basic services and the 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:
(i) 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;
(ii) 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;
(iii) Assist the city mayor in the establishment and the
extension services of demonstration farms or aquaculture and marine
products;
(iv) Enforce rules and regulations relating to agriculture
and aquaculture; and
(v) 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 the Local Government Code, and
those that are prescribed by law or ordinance.
ARTICLE IX
THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE,
THE CITY SCHOOLS DIVISION AND THE CITY
PROSECUTION SERVICE
Sec. 47. The City Fire Station Service. - There shall be established in
the City at least one 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 (DILG). The City shall provide the necessary land
or site of the station.
The city fire station shall be responsible for the provision of various
emergency services such as the rescue and evacuation of injured people
at fire-related incidents and, in general, all 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 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 holder of a college degree 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. Likewise, the City
shall ensure that proper separate detention centers for juveniles and
women are provided for.
Sec. 49. The City Schools Division. - (a) There shall be established
and maintained by the DepEd a city schools division of the City of
Lamitan whose area of jurisdiction will cover all the school districts
within the City.
(b) The city schools division shall be headed by a division
superintendent who must possess the necessary qualifications required
by the DepEd.
Sec. 5O. 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 (DOJ), 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 DOJ.
(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 DOJ.
The Secretary of Justice shall always ensure the adequacy and the
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 X
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 Lamitan
existing at the time of the approval of this Act shall continue to be
in force within the City of Lamitan until the sangguniang panlungsod
ordinance shall provide otherwise.
Sec. 52. Plebiscite. - The City of Lamitan 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 Lamitan within thirty (30) days from the
approval of this Act. The expenses for such plebiscite shall be borne
by the Municipality of Lamitan. The Commission on Elections shall
conduct and supervise such plebiscite.
Sec. 53. Officials of the City of Lamitan. - The present elective
officials of the Municipality of Lamitan shall continue to exercise
their powers and functions until such 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 City shall
likewise continue exercising their functions and duties and they shall
be automatically absorbed by the City Government of the City of Lamitan.
Sec. 54. Succession Clause. - The City of Lamitan shall succeed to all
the assets, properties, liabilities and obligations of the Municipality
of Lamitan.
Sec. 55. Election of Provincial Governor and Sanggunlang Panlalawigan
Members of the Province of Basilan. - The qualified voters of the City
of Lamitan shall be qualified 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 Basilan.
Sec. 56. Jurisdiction of the Province of Basilan - The City of Lamitan
shall, unless otherwise provided by law, continue to be under the
jurisdiction of the Province of Basilan.
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 years from its acquisition of corporate existence.
Sec. 58. Representative District. - Until otherwise provided by law,
the City of Lamitan shall continue to be a part of the lone
congressional district of the Province of Basilan.
Sec. 59. Limitation. - Within three years from the approval of this
Act, no new race track, jai-alai fronton, gambling casino or cockpit
shall be licensed or allowed to operate in the City.
Sec. 60. 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 Lamitan and any of the adjoining local government units even
after the effectivity of this Act.
Sec. 61. 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 Basilan and such laws as are
applicable to cities shall govern the City of Lamitan insofar as they
are not inconsistent with the provisions of this Act.
Sec. 62. Exemption from Republic Act No. 9009. - The City of Lamitan
shall be exempted from the income requirement prescribed under Republic
Act No. 9009.
Sec. 63. Separability Clause. - If, for any reason or reasons, any part
or provisions of this Charter shall be held unconstitutional, invalid
or inconsistent with the Local Government Code of 1991, other parts or
provisions hereof which are not affected thereby shall continue to be
in full force and effect.
Sec. 64. Effectivity. - This Act shall take fifteen (15) days after its
complete publication in at least two newspapers of general and local
circulations.
Approved:
ANTONIO V. CUENCO
Acting Speaker of the
House of Representatives
JOVITO R. SALONGA
President of the Senate
This Act which is a consolidation of Senate Bill No. 92 and House Bill
No. 1947 was finally passed by the Senate and the House of
Representatives on October 23, 1987 and October 22, 1987, respectively.
QUIRINO D. ABAD SANTOS, JR.
Secretary of the House of
Representatives
ERIBERTO M. BERNAL
Secretary of the Senate
Approved: November 6, 1987
CORAZON C. AQUINO
President of the
Philippines
(SGD.) MANNY VILLAR
President of the
Senate
(SGD.) JOSE DE VENECIA JR.
Speaker of the House of
Representatives
This Act which originated in the House of Representatives was finally
passed by the House of Representatives and the Senate on February 6,
2007 and February 5, 2007, respectively.
(SGD.) OSCAR G. YABES
Secretary of the Senate
(SGD.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
GLORIA MACAPAGAL-ARROYO
President of the
Philippines
Note: Lapsed into law on March 15, 2007 without the signature of
the President, in accordance with Article VI, Section 27 (1) of the
Constitution.
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