ARTICLE
I
General
Provisions
Section 1. Title. — This Act shall be known as the "Charter of the City of
Malabon."
Sec. 2. The City of Malabon. — The Municipality of
Malabon is hereby converted into a highly urbanized city to be known as
the City of Malabon, hereinafter referred to as the City, which shall
have the following boundaries:
Bounded on the northeast by the City of Valenzuela, along points 1,
with geographic position, latitude 14º41' 55.94", longitude
120º 57' 21.39" to 2, latitude 14º 40' 38.36", longitude
120º 57' 49.98", following Polo river, along points 2 to 3,
latitude 14º 41' 12.05" longitude 120º 59' 57.70" following
Tullahan River;
Thence, bounded on the southeast by the City of Caloocan, along points
3 to 4, latitude 14º40' 16.10", longitude 120º 59' 57.44",
following the center of the North Diversion Road downward until it
intersects the Reparo Road, along points 4 to 7, latitude 14º39'
42.86", longitude 120º58' 50.85", following Reparo Road up to
Manga St., along points 7 to 10, latitude 14º 39' 48.53",
longitude 120º58' 19.88", following Manga St., along points 10 to
12, latitude 14º39' 35.44", longitude 120º59' 52.63",
following the course of the creek, along points 12 to 13, latitude
14º39' 56.92", longitude 120º59' 52.63" following Gen. San
Miguel Road until it intersects Tonsuya River, along points 13 to 20,
latitude 14º38' 58.02", longitude 120º57' 28.74", following
the boundary of Malabon and Caloocan City until it intersects Navotas
River;
Thence, bounded on the southwest by the Municipality of Navotas, along
points 20 to 30, latitude 14º11' 04.84", longitude 120º56'
04.57", following the Malabon-Navotas River until it intersects the
Batasan River, along points 30 to 34, latitude 14º42' 20.02",
longitude 120º55' 30.95", following Batasan River until it
intersects Dampalit River;
Thence, bounded on the northwest by the Municipality of Obando, Bulacan
along points 34 to 35, latitude 14º41' 25.00", longitude
120º56' 35.59", following the Dampalit River until it intersects
Pinagkabalian Bridge, along points 35 to 37, latitude 14º 41'
45.23", longitude 120º57' 07.07", following the boundary of the
municipalities of Obando and Malabon until it intersects the boundary
of the City of Valenzuela along Barangay Arkong Bato and going to point
of beginning.
Sec. 3. Corporate Powers of the City. — The City
constitutes a political body corporate and as such is endowed with the
attributes of perpetual succession and possessed of the powers which
pertain to a municipal corporation, to be exercised in conformity with
the provisions of this Charter. The City shall have the following
corporate powers:
(a)
To have continuous succession in its corporate
name;
(b) To sue and
be sued;
(c) To have
and use a corporate seal;
(d) To acquire
and convey real or personal property;
(e) To enter
into contracts; and
(f) To
exercise such other powers as are granted to
corporations, subject to the limitations provided in this Act and other
laws.
Sec. 4. — General Powers of the City. — The City shall have a common
seal, and may alter the same at pleasure. It shall exercise the power
to levy taxes, close and open roads, streets, alleys, parks or squares
subject to the provisions of the Constitution and existing laws. It may
take, purchase, receive, hold, lease, convey and dispose of real and
personal property for the general interest of the City, condemn private
property for public use, contract and be contracted with, sue and be
sued, prosecute and defend to final judgment and execution suits
wherein said City is a party, and exercise all the powers as are
granted to corporations and/or hereinafter conferred.
Sec. 5. Liability for Damages. — The City and its
officials shall not be exempt from liability for death or injury to
persons or damage to property.
Sec. 6. Jurisdiction of the City. — The jurisdiction
of the City of Malabon, for police purpose 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 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
shall have concurrent jurisdiction with the city or municipal courts of
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 forces of the several municipalities and cities
concerned shall have concurrent jurisdiction with the police force of
the City for the maintenance of good order and enforcement of
ordinances throughout said zone, area or spaces. But any license that
may be issued within said zone, area or spaces shall be granted by the
proper authorities of the city or municipality concerned, and 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 Malabon. — (a)
There shall be in the City of Malabon a city mayor, a city vice mayor,
sangguniang panlungsod members, a secretary to the sangguniang
panlungsod, a city treasurer and an assistant city treasurer, a city
assessor and an assistant city assessor, a city accountant, a city
budget officer, a city planning and development coordinator, a city
engineer, a city health officer, a city civil registrar, a city
administrator, a city legal officer, a city veterinarian, a city social
welfare and development officer, and a city general services officer.
(b) In addition thereto, the city mayor may appoint a
city architect, a city information officer, a city population officer,
a city environment and natural resources officer, and a city
cooperatives officer.
(c) The City shall establish a city fire station to
be headed by a city fire marshal, a city jail to be headed by a city
jail warden, a city school division to be headed by a city school
division superintendent, and a city prosecution service to be headed by
a city prosecutor; and
(d) The City of Malabon may:
(1)
Maintain existing offices not mentioned in
subSec.s (a) and (b) hereof;
(2) Create
such other offices as may be necessary to
carry out the purposes of the City; or
(3)
Consolidate the functions of any office with
those of another in the interest of efficiency and economy.
Unless otherwise provided
herein, all appointive city officials of the
City shall be appointed by the city mayor with the concurrence of the
majority of all sangguniang panlungsod members, subject to civil
service law, rules and regulations. The sangguniang panlungsod shall
act on the appointment within fifteen (15) days from the date of its
submission, otherwise the same shall be deemed confirmed.
ARTICLE
III
The
City Mayor and Vice Mayor
Sec. 8. The City Mayor. — (a) The city mayor shall be
chief executive of the City. He shall be elected at large by the
qualified voters of the City. No person shall be eligible for the
position of the city mayor unless at the time of the election he is at
least twenty-three (23) years of age, an actual resident of the City
for at least one (1) year prior to his election, and a qualified voter
therein. He shall hold office for three (3) years, unless sooner
removed, and shall receive a minimum monthly compensation corresponding
to salary grade thirty (30) as prescribed under Republic Act No. 6758
and the implementing guidelines issued pursuant thereto.
(b) The city mayor, as the chief executive of the
city government, shall exercise such powers and perform such duties and
functions as provided herein:
(1)
Exercise those powers expressly granted to him by
law, those necessarily implied therefrom, as well as powers necessary,
appropriate or incidental for the efficient and effective governance of
the City, and those which are essential to the promotion of general
welfare;
(a)
Determine the guidelines of city policies and be
responsible to the sangguniang panlungsod for the program of government;
(b) Direct the
formulation of the city development
plan, with the assistance of the city development council, and, upon
approval thereof by the sangguniang panlungsod, implement the same;
(c) Present
the program of government and propose
policies and projects for the consideration of the sangguniang
panlungsod at the opening of the regular session of the sangguniang
panlungsod every calendar year and as often as may be deemed necessary
as the general welfare of the inhabitants and the needs of the city
government may require;
(d) Initiate
and propose legislative measures to the
sangguniang panlungsod and, as often as may be necessary, provide such
information and date needed or requested by said sanggunian in the
performance of its legislative functions;
(e) Appoint
all officials and employees whose
salaries and wages are wholly or mainly paid out of city funds and
whose appointments are not otherwise provided for in this Act, as well
as those he may be authorized by law to appoint except those who are
appointed by the vice mayor as provided in Sec. 9 hereof;
(f) Represent
the City in all its business
transactions and sign in its behalf all bonds, contracts and
obligations, and such other documents upon authority of the sangguniang
panlungsod or pursuant to law or ordinance;
(g) Carry out
such emergency measures as may be
necessary during and in the aftermath of man-made and natural disasters
and calamities;
(h) Determine
the time, manner and place of payment
of salaries or wages of the officials and employees of the City, in
accordance with law or ordinance;
(i) Allocate
and assign office space to city and
other officials and employees who, by law or ordinance, are entitled to
such space in the city hall and other buildings owned or leased by the
city government;
(j) Ensure
that all executive officials and employees
of the City faithfully discharge their duties and functions as provided
by law and this Act, and cause to be instituted administrative or
judicial proceedings against any official or employee of the City who
may have committed an offense in the performance of his official duties;
(k) Examine
the books, records and other documents of
all offices, officials, agents or employees of the City and, in aid of
his executive powers and authority, require all national officials and
employees stationed in or assigned to the City to make available to him
such books, records and other documents in their custody, except those
classified by law as confidential;
(l) Furnish
copies of executive orders issued by him
to the respective council chairmen within seventy-two (72) hours after
their issuance;
(m) Visit
component barangays of the City at least
once every six (6) months to deepen his understanding of problems and
conditions, listen and give appropriate counsel to local officials and
inhabitants of general laws and ordinances which especially concern
them, and otherwise conduct visits and inspections to ensure that the
governance of the City will improve the quality of life of the
inhabitants;
(n) Act on
leave applications of officials and
employees appointed by him and the commutation of the monetary value of
their leave credits in accordance with law;
(o) Authorize
official trips of city officials and
employees outside of the City for a period not exceeding thirty (30)
days;
(p) Call upon
any national official or employee
stationed in or assigned to the City to advise him on matters affecting
the City and to make recommendations thereon; coordinate with said
officials or employees in the formulation and implementation of plans,
programs and projects; and, when appropriate, initiate any
administrative or judicial action against a national government
official or employee who may have committed an offense in the
performance of his official duties while stationed in or assigned to
the City;
(q) Authorize
payment for medical care, necessary
transportation, subsistence, hospital or medical fees of city officials
and employees who are injured while in the performance of their
official duties and functions, subject to availability of funds;
(r) Solemnize
marriages, any provision of law to the
contrary notwithstanding;
(s) Conduct an
annual palarong panlungsod, which
shall feature traditional sports and disciplines included in national
and international games, in coordination with the Department of
Education, Culture and Sports; and
(t) Submit to
the respective metropolitan authority
council chairmen and to the Office of the President the following
reports: an annual report containing a summary of all matters pertinent
to the management, administration and development of the City and all
information and data relative to its political, social and economic
conditions; and supplemental reports when unexpected events and
situations arise at any time during the year, particularly when
man-made or natural disasters or calamities affect the general welfare
of the City.
(2) Enforce
all laws and ordinances relative to the
governance of the City and in the exercise of its appropriate corporate
powers, as well as implement all approved policies, programs, projects,
services and activities of the City:
(a)
Ensure that the acts of the City's component
barangays and of its officials and employees are within the scope of
their prescribed powers, duties and functions;
(b) Call
conventions, conferences, seminars or
meetings of elective and 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;
(c) Issue such
executive orders for the faithful and
appropriate enforcement and execution of laws and ordinances;
(d) Be
entitled to carry the necessary firearm within
his territorial jurisdiction after the procurement of necessary permits
and/or license/s from duly constituted authorities;
(e) Act as the
deputized representative of the
National Police Commission, formulate the peace and order plan of the
City and upon its approval, implement the same; and as such, exercise
general and operational control and supervision over the local police
forces in the City, in accordance with Republic Act No. 6975; and
(f) Call upon
the appropriate law enforcement
agencies to suppress disorder, riot, lawless violence, rebellion or
sedition, or to apprehend violators of the law when public interest so
requires and the city police forces are inadequate to cope with the
situation or the violators.
(3) Initiate
and maximize the generation of resources
and revenues, and apply the same to the implementation of development
plans, programs objectives and priorities, particularly those resources
and revenues programmed for agro-industrial development and the
provision of basic services:
(a)
Require each head of an office or department to
prepare and submit an estimate of appropriations for the ensuing
calendar year, in accordance with the budget preparation process and in
accordance with the provisions of the Local Government Code;
(b) Prepare
and submit to the sanggunian for approval
the executive and supplemental budgets of the City for ensuing calendar
year in the manner provided for under the Local Government Code;
(c) Ensure
that all taxes and other revenues of the
City are collected, and that city funds are applied to the payment of
expenses and settlement of obligations of the City, in accordance with
law or ordinance;
(d) Issue
licenses and permits and suspend or revoke
the same for any violation of the conditions upon which said licenses or
permits had been issued,
pursuant to law or ordinance;
(e) Issue
permits, without need of approval therefor
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;
(f) Require
owners of illegally constructed houses,
buildings or structures to obtain the necessary permit, subject to such
fines and penalties as may be imposed by law or ordinance;
(g) Adopt
adequate measures to safeguard and conserve
land, mineral, marine, forest and other resources of the City:
(h) Provide
efficient and effective property and
supply management in the City; and protect the funds, credits, rights
and other properties of the City; and
(i) Institute
or cause to be instituted
administrative or judicial proceedings for violation of ordinances in
the collection of taxes, fees or charges, and for the recovery of funds
and property; and cause the City to be defended against all suits to
ensure that its interests, resources and rights shall be adequately
protected.
(4) Ensure the
delivery of basic services and the
provision of adequate facilities and, in addition thereto:
(a)
Ensure that the construction and repair of roads
and highways funded by the national government, shall be, as far as
practicable, carried out in a spatially contiguous manner and in
coordination with the construction and repair of the roads and bridges
of the City; and
(b) Coordinate
the implementation of technical
services, including public works and infrastructure programs, rendered
by national offices.
(5) Perform
such other duties and functions and
exercise such other powers, as provided for under Republic Act No 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 9. The
City Vice Mayor. — (a) There shall be a
city vice mayor who shall be elected in the same manner as the city
mayor and shall, at the time of his election, possess the same
qualifications as the city mayor. He shall hold office for three (3)
years, unless sooner removed, and shall receive a monthly compensation
corresponding to salary grade twenty-eight (28) as prescribed under
Republic Act No. 6758, and the implementing guidelines issued pursuant
thereto.
(b) The city vice mayor shall:
(1)
Act as presiding officer of the sangguniang
panlungsod and sign all warrants drawn on the city treasury for all
expenditures appropriated for the operation of the sangguniang
panlungsod;
(2) Subject to
civil service law, rules and
regulations, appoint all officials and employees including the
secretary of the sangguniang panlungsod, except those whose manner of
appointment is specifically provided for under existing laws;
(3) Assume the
office of the city mayor for the
unexpired term of the latter in the event of permanent vacancy;
(4) Exercise
the powers and perform the duties and
functions of the city mayor in cases of temporary vacancy; and
(5) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
ARTICLE
IV
The
Sangguniang Panlungsod
Sec. 10. The Sangguniang Panlungsod. — (a) The
sangguniang panlungsod, the legislative body of the City, shall be
composed of the city vice mayor as 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) In addition thereto, there shall be three (3)
sectoral representatives; one (1) from the women; and, as shall be
determined by the sangguniang panlungsod within ninety (90) days prior
to the holding of the local elections; one (1) from the agricultural or
industrial workers; and one (1) from the other sectors, including the
urban poor, indigenous cultural communities, or disabled persons.
(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. The elective members of the sangguniang
panlungsod shall possess the same qualifications as that of the city
mayor and vice mayor except that candidates for said position must be
at least eighteen (18) years of age on election day.
(d) They shall receive such compensation, emoluments
and allowances as may be determined by law.
(e) The sangguniang panlungsod shall:
(1)
Approve ordinances and pass resolutions necessary
for an efficient and effective city government and, in this connection,
shall:
(a)
Review all
ordinances approved by the sangguniang
barangay and executive orders issued by the punong barangay to
determine whether these are within the scope of the prescribed powers
of the sanggunian and of the punong barangay;
(b) Maintain
peace and order by enacting measures to
prevent and suppress lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for the violation of said ordinances.
(c) Approve
ordinances imposing a fine not exceeding
Five thousand pesos (P5,000.00) or an imprisonment for a period not
exceeding one (1) year, or both in the discretion of the court for the
violation of a city ordinance;
(d) Adopt
measures to protect the inhabitants of the
City from the harmful effects of man-made or natural disasters and
calamities, and to provide relief services and assistance for victims
during and in the aftermath of said disasters or calamities and in
their return to productive livelihood following said events;
(e) Enact
ordinances intended to prevent, suppress
and impose appropriate penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution, establishment and
maintenance of houses of ill repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution or exhibition of
obscene or pornographic materials or publications, and such other
activities inimical to the welfare and morals of the inhabitants of the
City;
(f) Protect
the environment. To this end, it may set
aside, at least, ten percent (10%) of its development funds for the
purpose of maintaining and enhancing the ecological balance of the
city. It may also impose appropriate penalties for acts which endanger
the environment, such as dynamite fishing and other forms of
destructive fishing, illegal logging, smuggling of logs, smuggling of
natural resources products and of endangered species of flora and
fauna, slash-and-burn farming and such other activities which result in
pollution, acceleration of eutrophication of rivers and lakes or of
ecological imbalance;
(g) Subject to
the provisions of the Local Government
Code and pertinent laws, determine the powers and duties of officials
and employees of the City;
(h) Determine
the positions and salaries, wages,
allowances and other emoluments and benefits of officials and employees
paid wholly or mainly from city funds and provide for expenditure
necessary for the proper conduct of programs, projects, services and
activities of the city government;
(i) Authorize
the payment of compensation to a
qualified person not in the government service who fills up a temporary
vacancy or grant honorarium to any qualified official or employee
designated to fill a temporary vacancy in a concurrent capacity at the
rate authorized by law;
(j) Provide a
mechanism and the appropriate funds
therefor, to ensure the safety and protection of all city government
property, public documents or records such as those relating to
property inventory, land ownership, records of births, marriages,
deaths, assessments, taxation, accounts, business permits and such
other records and documents of public interest in the offices and
departments of the city government;
(k) When the
finances of the city government allow,
provide for additional allowances and other benefits to judges,
prosecutors, public elementary and high school teachers, and other
national government officials stationed or assigned to the City;
(l) Provide
legal assistance to barangay officials
who, in the performance of their officials duties or on the occasion
thereof, have to initiate judicial proceedings or defend themselves
against legal action; and
(m) Provide
for group insurance or additional
insurance coverage for all barangay officials, including members of
barangay tanod brigades and other service units, with public or private
insurance companies, when the finances of the city government allow
said coverage.
(2) Generate
and maximize the use of resources and
revenues for the development plans, program objectives and priorities
of the City, with particular attention to agro-industrial development,
city-wide growth and progress, and the provision of basic services;
(a)
Approve
the annual and supplemental budgets of
the city government and appropriate funds for specific programs,
projects, services and activities of the City, or for other purposes
not contrary to law, in order to promote the general welfare of the
City and its inhabitants;
(b) Subject to
the provisions of Book II of the Local
Government Code and applicable laws and upon the majority vote of all
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 exemptions, incentives or reliefs;
(c) Subject to
the provisions of Book II of the Local
Government Code and upon the majority vote of all the members of the
sangguniang panlungsod, authorize the city mayor to negotiate and
contract loans and other forms of indebtedness;
(d) Subject to
the provisions of Book II of the Local
Government Code and applicable laws and upon the majority vote of all
the members of the sangguniang panlungsod, enact ordinances authorizing
the flotation of bonds or other instruments of indebtedness, for the
purpose of raising funds to finance development projects;
(e)
Appropriate funds for the construction and
maintenance or the rental of buildings for the use of the City; and
upon the majority vote of all the members of the sangguniang
panlungsod, authorize the city mayor to lease to private parties such
public buildings held in a proprietary capacity, subject to existing
laws, rules and regulations;
(f) Prescribe
reasonable limits and restraints on the
use of property within the jurisdiction of the City;
(g) Adopt a
comprehensive land use plan for the City;
(h) Reclassify
land within the jurisdiction of the
City, subject to the pertinent provisions of the Local Government Code;
(i) Enact
integrated zoning ordinances in consonance
with the approved comprehensive land use plan, subject to existing
laws, rules and regulations; establish fire limits or zones,
particularly in populous centers; and regulate the construction, repair
or modification of buildings within said fire limits or zones in
accordance with the provisions of the Fire Code;
(j) Subject to
national law, process and approve
subdivision plans for residential, commercial or industrial purposes
and other development purposes, and to collect processing fees and
other charges, the proceeds of which shall accrue entirely to the City;
Provided, however; That where approval of a national agency or office
is required, said approval shall not be withheld for more than thirty
(30) days from receipt of the application. Failure to act on the
application within the period stated above shall be deemed as approval
thereof;
(k) With the
concurrence of at least two-thirds (2/3)
of all the members of the sangguniang panlungsod, grant tax exemptions,
incentives or relief to entities engaged in community growth-inducing
industries, subject to the provisions of the Local Government Code;
(l) Grant
loans or provide grants to other local
government units or to national, provincial and city charitable,
benevolent or educational institutions; Provided,that the said
institutions are operated and maintained within the City;
(m) Regulate
the numbering of residential, commercial
and other buildings; and
(n) Regulate
the inspection, weighing and measuring
of articles of commerce.
(3) Subject to
the provisions of the Local Government
Code of 1991, enact ordinances granting franchises and authorizing the
issuance of permits or licenses, upon conditions and for such purposes
intended to promote the general welfare of the inhabitants of the City
and pursuant to this legislative authority, shall:
(a)
Fix and
impose reasonable fees and charges for
all services rendered by the city government to private persons or
entities;
(b) Regulate
or fix license fees for any business or
practice of profession within the City and the conditions under which
the license for said business or practice of profession may be revoked
and enact ordinances levying taxes thereon;
(c) Provide
for and set the terms and conditions
under which public utilities owned by the City shall be operated by the
city government, and prescribe the conditions under which the same may
be leased to private persons or entities, preferably cooperatives;
(d) Regulate
the display of and fix the license fees
for signs, signboards or billboards at the place or places where the
profession or business advertised thereby is, in whole or in part,
conducted;
(e) Any law to
the contrary notwithstanding,
authorize and license the establishment, operation and maintenance of
cockpits, and regulate cockfighting and commercial breeding of
gamecocks: Provided, that existing rights shall not be impaired;
(f) Subject to
the guidelines prescribed by the
Department of Transportation and Communications, regulate the operation
of tricycles and grant franchises for the operation thereof within the
territorial jurisdiction of the City; and
(g) Upon
approval by a majority vote of all the
members of the sangguniang panlungsod, grant a franchise to any person,
partnership, corporation or cooperatives 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) Regulate
activities relative to the use of land,
building and structures within the City in order to promote the general
welfare and for said purpose, shall:
(a)
Declare,
prevent or abate any nuisance;
(b) With the
concurrence of a majority of the members
of the sangguniang panlungsod, a quorum being present, deny the entry
of legalized gambling by ordinance into any part of the City or
regulate its location;
(c) Require
that the buildings and the premises
thereof and any land within the City be kept and maintained in sanitary
condition, impose penalties for any violation thereof; or, upon failure
to comply with said requirement, have the work done at the expense of
the owner, administrator or tenant concerned or require the filling up
of any land or premises to a grade necessary for proper sanitation;
(d) Regulate
the disposal of clinical and other
wastes from hospitals, clinics and other similar establishments;
(e) Regulate
the establishment, operation and
maintenance of cafes, restaurants, beerhouses, hotels, motels, inns,
pension houses, lodging houses and other similar establishments,
including tourist guides and transports;
(f) Regulate
the sale, giving away or dispensing of
any intoxicating malt, vino, mixed or fermented liquors at any retail
outlet;
(g) Regulate
the establishment and provide for the
inspection of steam boilers or any heating device in buildings and the
storage of inflammable and highly combustible materials within the city;
(h) Regulate
the establishment, operation and
maintenance of any entertainment or amusement facility, including
theatrical performances, circuses, billiard pools, public dancing
schools, public dance halls, sauna baths, massage parlors, and other
places for entertainment or amusement; regulate such other events or
activities for amusement or entertainment, particularly those which
tend to disturb the community or annoy the inhabitants, or require the
suspension or suppression of the same; or prohibit certain forms of
amusement or entertainment in order to protect the social and moral
welfare of the community;
(i) Provide
for the impounding of stray animals,
regulate the keeping of animals in homes or as part of business, and
the slaughter, sale or disposition of the same; adopt measures to
prevent and penalize cruelty to animals; and
(j) Regulate
the establishment, operation and
maintenance of funeral parlors and burial or cremation of the dead,
subject to existing laws, rules and regulations.
(5) Approve
ordinances which shall ensure the
efficient and effective delivery of the basic services and facilities
as provided for under the Local Government Code, and in addition to
such services and facilities, shall:
(a)
Provide
for the establishment, maintenance,
protection and conservation of tree parks, green belts and other
similar development projects;
(b) Establish
markets, slaughterhouses or animal
corrals and authorize the operation thereof by the city government; and
regulate the construction and operation of private markets, talipapas
or other similar buildings and structures;
(c) Regulate
the preparation and sale of meat,
poultry, fish, vegetables, fruits, fresh dairy products and other
foodstuffs for public consumption;
(d) Regulate
the use of streets, avenues, alleys,
sidewalks, bridge, parks and other public places and approve the
construction, improvement, repair and maintenance of the same;
establish bus and vehicle stops and terminals or regulate the use of
the same by privately-owned vehicles which serve the public; regulate
garages and the operation of conveyances for hire; designate stands to
be occupied by public vehicles when not in use; regulate the putting up
of signs, signposts, awnings and awning posts on the streets; and
provide for the lighting, cleaning and sprinkling of streets and public
places;
(e) Regulate
traffic on all streets and bridges;
prohibit encroachments or obstacles thereon and, when necessary in the
interest of public welfare, authorize the removal of encroachments and
illegal construction in public places;
(f) Subject to
existing laws, establish and provide
for the maintenance, repair and operation of an efficient waterworks
system to supply water for the inhabitants and to purify the source of
the water supply; regulate the construction, maintenance, repair and
use of hydrants, pumps, cisterns and reservoirs; protect the purity and
quantity of the water supply of the City; and for this purpose, extend
the coverage of appropriate ordinances over all territory within the
drainage areas of said water supply and within 100 meters of the
reservoir, conduit, canal, aqueduct, pumping station or watershed used
in connection with the water service; and regulate the consumption, use
or wastage of water and fix and collect charges therefor;
(g) Regulate
the drilling and excavation of the
ground for the laying of water, gas, sewer and other pipes and the
construction, repair and maintenance of public drains, 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;
(h) Regulate
the placing, stringing, attaching,
installing, repair and construction of all gas mains, electric,
telegraph and telephone wires, conduits, meters and other apparatus;
and provide for the correction, condemnation or removal of the same
when found to be dangerous, defective or otherwise hazardous to the
welfare of the inhabitants;
(i) Subject to
the availability of funds and to
existing laws, rules and regulations, establish and provide for the
operation of a city college, vocational and technical schools and
similar post-secondary institutions and with the approval of the
Department of Education, Culture and Sports and the Commission on
Higher Education and subject to existing law on tuition fees, fix and
collect reasonable tuition fees and other school charges in educational
institutions supported by the city government;
(j) Ensure the
physical maintenance of educational
institutions under the operational control of the City, and the
provision of books and other capital equipment for the same; and, for
this purpose, it shall establish an education fund, allocating two and
a half percent (2.5%) of the Internal Revenue Allotment (IR(A) of the
City for any given year, or the amount of Ten million pesos
(P10,000,000.00), whichever is higher, said fund, to be administered by
the City school board;
(k) Establish
a scholarship fund for poor but
deserving students in schools located within its jurisdiction or for
students residing within the City; and, for this purpose, it shall
annually allocate one percent (1%) of the IRA of the City for any given
year, or the amount of Three million five hundred thousand pesos
(3,500,000.00), whichever is higher, for said fund, to be administered
by the City school board;
(l) Approve
measures and adopt quarantine regulations
to prevent the introduction and spread of diseases;
(m) Provide
for an efficient and effective system of
solid waste and garbage collection and prohibit littering and the
placing or throwing of garbage, refuse and other filth and wastes; and,
for this purpose, provide for incentive schemes for industries engaged
in the recycling of waste and garbage;
(n) Provide
for the care of disabled persons,
paupers, the aged, the sick, persons of unsound mind, abandoned minors,
juvenile delinquents, drug dependents, abused children and youth below
eighteen (18) years of age; and subject to availability of funds,
establish and provide for the operation of centers and facilities for
said needy and disadvantage persons;
(o) Establish
and provide for the maintenance and
improvement of jails and detention centers, institute a sound jail
management program, including a continuing education and training
program for jail personnel assigned or detailed in jails and detention
centers within the jurisdiction of the City;
(p) Establish
a city council whose purpose is the
promotion of culture and the arts, coordinate with government agencies
and nongovernmental organizations and, subject to the availability of
funds, appropriate funds for the support and development of the same;
and
(q) Establish
a city council for the elderly which
shall formulate policies and adopt measures mutually beneficial to the
elderly and to the community; provide incentives for nongovernmental
agencies and entities and subject to the availability of funds,
appropriate funds to support programs and projects for the benefit of
the elderly.
(6) Perform
such other duties and functions and
exercise such powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
ARTICLE
V
Process
of Legislation
Sec. 11. Internal Rules of Procedures. — (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
commitments which shall include, but not limited to, the committees on
appropriation, women and family, human rights, youth and sports
development, environmental protection, 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 of each
session;
(3) The
legislative process;
(4) The
parliamentary procedures which include the
conduct of members during sessions;
(5) The
discipline of members for disorderly behavior
and absences without justifiable cause for four (4) consecutive
sessions, for which they may be censured, reprimanded or excluded from
the session, suspended for not more than sixty (60) days or expelled:
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 a member convicted by final judgment
to imprisonment of at least one (1) year for any crime involving moral
turpitude shall be automatically expelled from the sanggunian;
and
(6) Such other
rules as the sanggunian may adopt.
Sec. 12. Full Disclosure of Financial and Business
Interest of Sangguniang Panlungsod Members. — (a) Every sangguniang
panlungsod member shall, upon assumption to office, make a full
disclosure of his business and financial interest. He shall also
disclose any business, financial or professional relationship or any
relation by affinity or consanguinity within the fourth civil degree,
which he may have with any person, firm or entity affected by any
ordinance or resolution under consideration by the sanggunian of which
he is a member, which relationship may result in conflict of interest.
Such relationship shall include:
(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 consideration that may tend to affect his judgment to
the prejudice of the service or the public.
(b) The disclosure required under this Act shall be
made in writing and submitted to the secretary of the sanggunian or the
secretary of the committee of which he is a member. The disclosure
shall, in all cases, form part of the record of the proceedings and
shall be made in the following manner:
(1)
Disclosure shall be made before the member
participates in the deliberations on the ordinance or resolution under
consideration: Provided,that if the member did not participate during
the deliberations, the disclosure shall be made before voting on the
ordinance or resolution on second and third readings; and
(2) Disclosure
shall be made when a member takes a
position or make a privilege speech on a matter that may affect the
business interest, financial connection or professional relationship
described herein.
Sec. 13. Sessions. — (a) On the first day of the
session immediately following the election of its members, the
sangguniang panlungsod shall, by resolution, fix the day, time and
place of its regular sessions. The minimum number of regular sessions
shall be once a week for the sangguniang panlungsod, and twice a month
for the sangguniang barangay.
(b) When public interest so demands, special sessions
may be called by the city mayor or by the majority of the members of
the sanggunian.
(c) All sanggunian sessions shall be open to the
public unless a closed-door session is ordered by an affirmative vote
of a majority of the members present, there being a quorum, in the
public interest or for reasons of security, decency, or morality. No
two (2) sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the
sanggunian, a written notice to the members shall be served personally
at the member's usual place of residence at least twenty-four (24)
hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the
sanggunian members present, there being a quorum, no other matters may
be considered at a special session except those stated in the notice.
(e) The sanggunian shall keep a journal and record of
its proceedings which may be published upon resolution of the
sangguniang panlungsod
Sec. 14. Quorum. — (a) A majority of all the members
of the sanggunian who have been elected and qualified shall constitute
a quorum to transact official business. Should a question of quorum be
raised during the session, the presiding officer shall immediately
proceed to call the roll of members and thereafter announce the results.
(b) where there is no quorum, the presiding officer
may declare a recess until such time as a quorum is constituted, or a
majority of the members present may adjourn for 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 Malabon, to arrest the absent
member and present him in session.
(c) If there is still no quorum despite the
enforcement of the immediately preceding Sub-sec., no business shall be
transacted. The presiding officer, upon proper motion duly approved by
the members present, shall declare the session adjourned for lack of
quorum.
Sec. 15. Approval of Ordinances. — (a) Every
ordinance enacted by the sangguniang panlungsod shall be presented to
the city mayor. If the city mayor approves the same, he shall affix his
signature on each and every page thereof; otherwise, he shall veto it
and return the same with his objections to the sanggunian, which may
proceed to reconsider the same. The sanggunian may override the veto of
the city mayor by two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all legal intents and
purposes.
(b) The vote shall be communicated by the city mayor
to the sanggunian within ten (10) days, otherwise, the ordinance shall
be deemed approved as if he had signed it.
Sec. 16. Veto Power of the City Mayor. — (a) The city
mayor may veto any ordinance of the sangguniang panlungsod on the
ground that it is ultra vires or prejudicial to the public welfare,
stating his reasons therefor in writing.
(b) The city mayor shall have the power to veto any
particular item or items of an appropriations ordinance, an ordinance
or resolution adopting a local development plan and public investment
program, or an ordinance directing the payment of money or creating a
liability. In such a 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 reenacted.
(c) The city mayor may veto an ordinance or
resolution only once. The sanggunian may override the veto of the mayor
by two-thirds (2/3) vote of all its members, thereby making the
ordinance effective even without the approval of the city mayor.
Sec. 17. Review of Barangay Ordinances by the
Sangguniang Panlungsod. — (a) Within ten (10) days after 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
ordinance 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. 18. Enforcement of Disapproved Ordinances or
Resolutions. — Any attempt to enforce any ordinance or any resolution
approving the local development plan and public investment program
after disapproval thereof, shall be sufficient ground for the
suspension or dismissal of the official or employee
concerned.
Sec. 19. Effectivity of Ordinance or Resolutions. —
(a) Unless otherwise stated in the ordinance or the resolution
approving the local development plan and public investment program, the
same shall take effect after ten (10) days from the date a copy thereof
is posted in a bulletin board at the entrance of the City hall of
Malabon, and in at least two (2) other conspicuous places in the City
of Malabon.
(b) The secretary to the sangguniang panlungsod shall
cause the posting of an ordinance or resolution in the bulletin board
at the entrance of the City Hall of Malabon and in at least two (2)
conspicuous places in the City of Malabon not later than five (5) days
after approval thereof.
The text of the ordinance or resolution shall be disseminated and
posted in Filipino or English, and 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
Disqualifications
and Succession of Elective City Officials
Sec. 20. Disqualifications of Elective Public City
Officials. — The following persons are disqualified from running for
any elective position in the City:
(a)
Those sentenced by final judgment for an offense
involving moral turpitude or for an offense punishable by one (1) year
or more of imprisonment, within two (2) years after serving
sentence;
(b) Those
removed from office as a result of an
administrative case;
(c) Those
convicted by final judgment for violating
the oath of allegiance to the Republic of the Philippines;
(d) Those with
dual citizenship;
(e) Fugitives
from justice in criminal or
nonpolitical cases here and abroad;
(f) Permanent
residents in a foreign country or those
who have acquired the right to reside abroad and continue to avail of
the same right after the effectivity of the Local Government Code; and
(g) The insane
and feeble-minded.
Sec. 21.
Permanent Vacancy in the Office of the City
Mayor and City Vice Mayor: — (a) If a permanent vacancy occurs in the
office of the city mayor, the city vice mayor concerned shall become
the city mayor. If the vice mayor refuses to assume the position of a
city mayor the highest ranking sangguniang panlungsod member shall
become the city mayor. If a permanent vacancy occurs in the office of
the vice mayor, the highest ranking sangguniang panlungsod member or,
in case of his permanent incapacity, the second highest ranking
sangguniang panlungsod member, shall become the city mayor or city vice
mayor, as the case may be. Subsequent vacancies in the 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 the drawing of lots.
(c) The successors as defined herein shall serve only
the unexpired terms of their predecessors.
For purposes of this Act, a permanent vacancy arises when an elective
local officials fills a higher vacant office, refuses to assume office,
fails to qualify, dies, is removed from office, voluntarily resigns or
is otherwise permanently incapacitated to discharge the functions of
his office.
For purposes of succession as provided in this Act, ranking in the
sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered
voters in the City in the immediately preceding local
election.
Sec. 22. Permanent Vacancies in the Sanggunian. —
Permanent vacancies in the sangguniang panlungsod where automatic
succession as provided above does not apply shall be filled by
appointment in the following manner:
(a)
The President, through the Executive Secretary,
shall make the aforesaid appointment; and
(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 same 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 officials 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 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 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, the barangay, and other sectors in the sangguniang panlungsod,
said vacancy shall be filled automatically by the official next-in-rank
of the organization concerned.
Sec. 23. Temporary Vacancy in the office of the City
Mayor. — (a) When the city mayor is temporarily incapacitated to
perform his duties for physical or legal reasons such as, but not
limited to, leave of absence, travel abroad, and suspension from
office, the city vice mayor, or the highest ranking sangguniang
panlungsod member shall automatically exercise the powers and perform
the duties and functions of the city mayor except the power of
appointment, 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 of
the city mayor that he has reported back to office. In cases where
temporary incapacity is due to legal causes, 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 his territorial jurisdiction for a period not
exceeding three (3) consecutive days, he may designate in writing the
officer-in-charge of his office. Such authorization shall specify the
powers and functions that the local official concerned shall exercise
in the absence of the city mayor except the power to appoint, suspend
or dismiss employees.
(d) In the event, however, that the city mayor fails
or refuses to issue such authorization, the city vice mayor, 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
limitations provided in Sub-sec. (c) hereof.
(e) Except as provided above, the city mayor shall in
no case authorize any local official to assume the powers, duties and
functions of the office, other than the city vice mayor or the highest
ranking member of the sangguniang panlungsod, as the case may be.
ARTICLE
VII
The
Appointive Officials of the City: Their Qualifications, Powers and
Duties
Sec. 24. The Secretary to the Sangguniang Panlungsod.
— (a) There shall be a secretary to the sangguniang panlungsod which
shall be a career official with the rank and salary equal to a head of
a department or office who shall be appointed by the city vice mayor.
(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 Malabon, 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 the ordinances enacted by the sangguniang panlungsod and duly
certified by the presiding officer;
(4) Furnish
upon request of any interested party,
certified copies of records of public character in his custody, upon
payment to the city treasurer of such fees as may be prescribed by
ordinance;
(5) 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;
(6) Keep his
office and all nonconfidential records
therein open to the public during the usual business hours;
(7) 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;
(8) Take
custody of the local archives and where
applicable, the local library and annually account for the same; 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. 25. The City Treasurer. — (a) The city treasurer
shall be appointed by the Secretary of Finance from the list of at
least three (3) 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 treasurer unless he
is a citizen of the Philippines, a resident of the City of Malabon, 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 or its equivalent. He must
have acquired experience in treasury or accounting service for at least
five (5) years.
(d) The city treasurer shall receive such
compensation, emoluments and allowances as may be determined by law.
(e) The city treasurer shall take charge of the
treasury office, and shall:
(1)
Advise the city mayor, the sangguniang panlungsod
and other local government and national officials concerned regarding
the 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. 26. The
Assistant City Treasurer. — (a) The
assistant city treasurer may be appointed by the Secretary of Finance
from the list of at least three (3) ranking eligible recommendees of
the city mayor, subject to civil service law, rules and regulations.
(b) No person shall be appointed assistant city
treasurer unless he is a citizen of the Philippines, a resident of the
City of Malabon, 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 (5) 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 accounts of
the city treasurer or otherwise arising from the offices of the city
treasurer and the city assessor.
Sec. 27. The City Assessor. — (a) The city assessor
must be a citizen of the Philippines, a resident of the City of
Malabon, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce or any other
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in real property assessment work or in any related field for
at least five (5) years immediately preceding the date of his
appointment.
(b) The city assessor shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city assessor shall take charge of the
assessor's office and shall:
(1)
Ensure that all laws and policies governing the
appraisal and assessment of real properties for taxation purposes are
properly executed;
(2) Initiate,
review and recommend changes in
policies and objectives, plans and programs, techniques, procedures and
practices in the valuation 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 system;
(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 values 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 the real property 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 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. 28. The Assistant City Assessor. — (a) The
assistant city assessor must be a citizen of the Philippines, a
resident of the City of Malabon, of good moral character, a holder of a
college degree preferably in civil 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 three (3) years immediately preceding the date of his
appointment.
(b) The assistant city assessor shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The assistant city assessor shall assist the city
assessor and perform such other duties as the latter may assign to him.
He shall have authority to administer oaths on all declarations of real
property for purposes of assessment.
Sec. 29. The City Accountant. — (a) The city
accountant must be a citizen of the Philippines, a resident of the City
of Malabon, of good moral character, and a certified public accountant.
He must have acquired experience in the treasury or accounting service
for at least five (5) years immediately preceding the date of his
appointment.
(b) The city accountant shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city accountant shall take charge of both the
office on 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 to
the availability of budgetary
allotments to which expenditures and obligations may be properly
charged;
(5) Review supporting
documents before preparation of
vouchers to determine completeness of requirements;
(6) Prepare
statements of cash advances, liquidation,
salaries, allowances, reimbursements and remittances pertaining to the
City;
(7) Prepare
statements of journal vouchers and
liquidation of the same, and other adjustments related thereto;
(8) Post
individual disbursements to the subsidiary
ledger and index cards;
(9) Maintain
individual ledgers for officials and
employees of the City pertaining to payrolls and deductions;
(10) Record and post in
index cards details of
purchased furniture, fixtures and equipment, including disposal
thereof, if any;
(11) Account for all
issued requests for obligations
and maintain and keep all records and reports related thereto;
(12) Prepare
journals and the 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. 30. The City Budget Officer. — (a) The city
budget officer must be a citizen of the Philippines, a resident of the
City of Malabon, of good moral character, a holder of a college degree
preferably in accounting, economics, public administration or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in government budgeting or in any related field for at least
five (5) years immediately preceding the date of his
appointment.
(b) The city budget officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city budget officer shall take charge of the
city budget office, and shall:
(1)
Prepare forms, orders and circulars embodying
instructions on budgetary and appropriations matters for the signature
of the city mayor;
(2) Review and
consolidate the budget proposals for
different departments and offices of the City;
(3) Assist the
city mayor in the preparation of the
budget and during budget hearings;
(4) Study and evaluate budgetary
implications of
proposed legislation and submit comments and recommendations thereon;
(5) Submit
periodic budgetary reports to the
Department of Budget and Management;
(6) Coordinate with the
city treasurer, the city
accountant, and the city planning and development coordinator for the
purpose of budgeting;
(7) Assist the
sangguniang panlungsod in reviewing
the approved budgets of component barangays of the City;
(8) Coordinate
with the city planning and development
coordinator in the formulation of the development plan of the City; and
(9) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 31. The City Planning and Development
Coordinator. — (a) The city planning and development coordinator must
be a citizen of the Philippines, a resident of the City of Malabon, of
good moral character, a holder of a college degree preferably in urban
planning, development studies, economics, public administration or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in development planning or in any related field for at least
five (5) years immediately preceding the date of his appointment.
(b) The city planning and development coordinator
shall receive such compensation, emoluments and allowances as may be
determined by law.
(c) The city planning and development coordinator
shall take charge of the city planning and development 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 participation in development
planning within the City; and
(8) 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 Engineer. — The city engineer must
be a citizen of the Philippines, a resident of the City of Malabon, of
good moral character, and a licensed engineer. He must have acquired
experience in the practice of his profession for at least five (5)
years immediately preceding the date of his appointment.
(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 the repair of roads, bridges
and other engineering and public works projects of the City;
(4) Provide
engineering services to the City,
including investigation and survey, engineering designs, feasibility
studies and project management; and
(5) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 33. The City Health Officer. — (a) The city
health officer must be a citizen of the Philippines, a resident of
Malabon, of good moral character, and a licensed medical practitioner.
He must have acquired experience in the practice of his profession for
at least five (5) years immediately preceding the date of his
appointment.
(b) The city health officer shall 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 a health services program geared to
implementation of health-related
projects and activities;
(2) Formulate
measures for consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out activities to ensure the delivery of
basic services and provision of adequate facilities relative to health
services;
(3) Develop
plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those
concerning health programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide;
(4) 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. 34. The
City Civil Registrar. — (a) The city
civil registrar must be a citizen of the Philippines, a resident of the
City of Malabon, 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 acquired experience in
civil registry work for at least five (5) years immediately preceding
the date of his appointment.
(b) The city civil registrar shall be responsible for
the civil registration program in the City of Malabon, pursuant to the
Civil Registry Law, the Civil Code, and other pertinent laws, rules and
regulations issued to implement them.
(c) The 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
concerning civil registry programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide; and
(2) 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 Administrator. — (a) The city
administrator must be a citizen of the Philippines, a resident of the
City of Malabon, of good moral character, a holder of a college degree
preferably in public administration, law or any related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in
management and administration work for at least five (5) years
immediately preceding the date of his appointment.
(b) The term of a 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
office of the city administrator, 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;
(2) 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;
(3) Recommend
to the sangguniang panlungsod and
advise the city mayor on all matters relative to the management and
administration of the City; and
(4) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 36. The City Legal Officer. — (a) The city legal
officer must be a citizen of the Philippines, a resident of the City of
Malabon, of good moral character, and a member of the Philippine Bar.
He must have practiced his profession for at least five (5) years
immediately preceding the date of his appointment.
(b) The term of the city legal officer shall be
coterminous with that of his appointing authority.
(c) The city legal officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(d) The city legal officer, the chief legal counsel
of the City, shall take charge of the office for legal services, and
shall:
(1)
Formulate measures for the consideration of the
sangguniang panlungsod and provide legal assistance and support to the
mayor in carrying out the delivery of basic services and provision of
adequate facilities;
(2) Develop
plans and strategies and, upon approval
thereof by the city mayor, implement the same particularly those
concerning 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) Recommend
measures to the sangguniang panlungsod
and advise the city mayor on all matters related to upholding the rule
of law;
(4) 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
(5) Perform
such other duties and functions and such
other powers as provided for under Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, and those that are
prescribed by law or ordinance.
Sec. 37.
The City Social and Development
Officer. — (a) The city social welfare and development officer must be
a citizen of the Philippines, a resident of the City of Malabon, of
good moral character, a duly licensed social worker or a holder of a
college degree preferably in sociology or any other related course from
a recognized college or university and a first grade civil service
eligible or its equivalent. He must have acquired experience in the
practice of social work for at least five (5) years immediately
preceding the date of his appointment.
(b) The city social welfare and development officer
shall take charge of the office on social welfare and development, and
shall:
(1)
Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities related to social welfare
and development services;
(2) Develop
plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those
concerning social welfare programs and projects which the city is
empowered to implement and which the sangguniang panlungsod is
empowered to provide;
(3) Be in the
frontline of service delivery,
particularly those concerning immediate relief and assistance during
and in the aftermath of man-made and natural disasters and calamities;
(4) Recommend
to the sangguniang panlungsod and
advise the city mayor on all other matters related to social welfare
and development services which will improve the livelihood and living
conditions of the inhabitants; and
(5) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 38. 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 Malabon, of
good moral character, a holder of a college degree preferably in
environment, forestry, agriculture or any other related courses from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in the
environmental and natural resources management, conservation and
utilization work for at least five (5) years immediately preceding the
date of his appointment.
(b) The city environment and natural resources
officer shall receive such compensation, emoluments and allowance as
may be determined by law.
(c) The city environment and natural resources
officer shall take charge of the office on environment and natural
resources, 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 to ensure the delivery of basic services
and provision of adequate facilities relative to environment and
natural resources services;
(2) Develop
plans and strategies and upon approval
thereof by the city mayor, implement the same, particularly those
concerning environment and natural resources programs and projects
which the city mayor is empowered to provide;
(3) Be in the
frontline of the delivery of services
concerning 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;
(4) Recommend
to the sangguniang panlungsod and
advise the city mayor on all matters related to the protection,
conservation, maximum utilization, application of appropriate
technology and other matters related to the environment and natural
resources; and
(5) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 39. The City Architect. — (a) The city architect
must be a citizen of the Philippines, a resident of the City of
Malabon, of good moral character, a duly licensed architect. He must
have practiced his profession for at least five (5) years immediately
preceding the date of his appointment.
(b) The city architect shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city architect shall take charge of the
office on architectural planning and design and shall:
(1)
Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities relative to architectural
planning and design;
(2) Develop
plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those
concerning architectural planning and design of programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide;
(3) Be in the
frontline of the delivery of services
involving architectural planning and design, particularly those related
to the redesigning of spatial distribution of basic facilities and
physical structure 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 architectural planning
and design as it relates to the total socioeconomic development of the
City; and
(5) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 40. The
City Information Officer. — (a) The city
information officer must be a citizen of the Philippines, a resident of
the City of Malabon, of good moral character, a holder of a college
degree preferably in journalism, mass communication or any other
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have experience
in writing articles and research papers, or in writing for print,
television or broadcast media for at least five (5) years immediately
preceding the date of his appointment.
(b) The city information officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city information officer shall take charge of
the office on public information, and shall:
(1)
Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in providing the information and research data required
for the delivery of basic services and provision of adequate facilities
so that the public becomes aware of said services and may fully avail
of the same;
(2) Develop
plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those
concerning 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) 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;
(4) Recommend
to the sangguniang panlungsod and
advise the city mayor on all other matters related to public
information and research data as it relates to the total socioeconomic
development of the City; and
(5) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 41. The City Cooperatives Officer. — (a) The
city cooperatives officer must be a citizen of the Philippines, a
resident of the City of Malabon, of good moral character, a holder of a
college degree preferably in business administration with special
training in cooperative or any related course from a recognized college
or university, and a first grade civil service eligible or its
equivalent. He must have experience in cooperatives organization and
management for at least five (5) years immediately preceding the date
of his appointment.
(b) The city cooperatives officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city cooperatives officer shall take charge
of the office for the development of cooperatives, and shall:
(1)
Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of facilities through the development of
cooperatives and in providing access to such services and
facilities;
(2) Develop
plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those
concerning the integration of cooperatives principles and methods in
programs and projects which the city mayor is empowered to implement
and which the sangguniang panlungsod is empowered to provide;
(3) Be in the
frontline of cooperatives organization,
rehabilitation or viability-enhancement, particularly during and in the
aftermath of man-made and natural calamities and disasters, to aid in
their survival and, if necessary, subsequent rehabilitation;
(4) Recommend
to the sangguniang panlungsod and
advise the city mayor on all matters relative to cooperatives
development and viability-enhancement which will improve the livelihood
and quality of life of the inhabitants; and
(5) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 42. The
City Population Officer. — (a) The city
population officer must be a citizen of the Philippines, a resident of
the City of Malabon, of good moral character, a holder of a college
degree with specialized training in population development from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have experience in the
implementation of programs on population development or responsible
parenthood for at least three (3) years immediately preceding the date
of his appointment.
(b) The city population officer shall take charge of
the office on population development, and shall:
(1)
Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities relative to the
integration of 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
concerning 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) Perform
such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
Sec. 43. The City Veterinarian. — (a) The city
veterinarian must be a citizen of the Philippines, a resident of the
City of Malabon, of good moral character, and a licensed doctor of
veterinary medicine. He must have practiced his profession for at least
three (3) years immediately preceding the date of his appointment.
(b) The city veterinarian shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city veterinarian shall take charge of the
office of veterinary services, and shall:
(1)
Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities.
(2) Develop
plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those
concerning the veterinary-related activities which the city is
empowered to implement and which the sangguniang panlungsod is
empowered to provide;
(3) Be in the
frontline of veterinary-related
activities, such as the outbreak of highly contagious and deadly
diseases and 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;
(4) Recommend
to the sangguniang panlungsod and
advise the city mayor on all matters relative to veterinary services
which will increase the number and improve the quality of livestock,
poultry and other domestic animals used for work or human consumption;
and
(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. 44. The City General Services Officer. — (a) The
city general services officer must be a citizen of the Philippines, a
resident of the City of Malabon, of good moral character, a holder of a
college degree in public administration, business administration or
management from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have experience in
general services, including management of supply, property, solid waste
disposal and general sanitation for at least five (5) years immediately
preceding the date of his appointment.
(b) The city general services officer shall receive
such compensation, emoluments and allowances as may be determined by
law;
(c) The city general services officer shall take
charge of the office of general services, and shall:
(1)
Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities which require general
services expertise and technical support services;
(2) Develop
plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those
concerning 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) 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;
(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 material 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 Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
ARTICLE
VIII
The
City Fire Station Service and City Jail Service
Sec. 45. The City Fire Station Service. — (a) There
shall be established in the City at least one (1) fire station with
adequate personnel, fire fighting facilities and equipment subject to
the standards, rules and regulations as may be promulgated by the
Department of the Interior and Local Government. The City shall provide
the necessary land or site of the station.
(b) The city fire station service shall be headed by
a city fire marshal whose qualifications shall be as those provided for
under Republic Act No. 6975, otherwise known as the PNP Law.
(c) The city fire station shall be responsible for
the fire protection and various emergency services such as 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. 46. The City Jail Service. — (a) There shall be
established and maintained in the City a secured, clean, adequately
equipped and sanitary jail for the custody and safekeeping of
prisoners, any fugitive from justice, or person detained, awaiting
investigation or trial and/or transfer to the national penitentiary,
and/or violent mentally-ill person who endangers himself or the safety
of others, duly certified as such by the proper medical health officer,
pending the transfer to a mental institution.
(b) The city jail service shall be headed by a city
jail warden who must be a graduate of a four (4)-year course in
psychology, psychiatry, sociology, nursing, social work or criminology
who shall assist in the immediate rehabilitation of individuals or
detention of prisoners. Great care must be exercised so that the human
rights of these prisoners are respected and protected, and their
spiritual and physical well-being are properly and promptly attended
to.
ARTICLE
IX
The
City Prosecutor's Office
Sec. 47. The City Prosecution Service. — (a) There
shall be established in the City a prosecution service to be headed by
a city prosecutor and such number of assistant prosecutors as may be
necessary, who shall be organizationally part of the Department of
Justice, and under the supervision and control of the Secretary of
Justice and whose qualifications, manner of appointment, rank, salary
and benefits shall be governed by existing laws covering prosecutors in
the Department of Justice.
(b) The city prosecutor shall handle the criminal
prosecution in the municipal trial courts in the City as well as in the
regional trial courts for criminal cases originating in the territory
of the City, and shall render to or for the City such services as are
required by law, ordinance or regulation of the Department of
Justice.
ARTICLE
X
The
City Registry of Deeds Office
Sec. 48. The City Registry of Deeds Office. — There
shall be established in the City a registry of deeds office, subject to
the standards, rules and regulations as may be promulgated by the
Department of Justice and shall discharge its duties under the general
supervision of the administrator of the Land Registration of the Land
Registration Authority and the Secretary of the Department of Justice.
Sec. 49. The City Register of Deeds. — (a) The city
register of deeds shall be the head of the city registry of deeds
office. He must be a citizen of the Philippines, a resident of the City
of Malabon, of good moral character, a member of the Integrated Bar of
the Philippines and must have practiced his profession for at least
five (5) years immediately preceding the date of his appointment.
(b) The city register of deeds shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city register of deeds shall take charge of
the registry of deeds office and shall perform such duties and
functions, and exercise such other powers as may be provided by
law.
ARTICLE
XI
The
Public Schools Division Office
Sec. 50. The Public Schools Division Office. — (a)
There shall be established a public school division office, under a
separate division superintendent of schools, composed of the City and
the Municipality of Navotas, with the seat of the division office in
the City of Malabon.
(b) The division superintendent of schools and all
the officers and employees of the division shall be appointed in
accordance with existing laws.
ARTICLE
XII
Transitory
and Final Provisions
Sec. 51. Health Fund. — For purposes of implementing
the health program of the City, there is hereby established a City of
Malabon Health Fund. For this purpose, the sangguniang panlungsod shall
annually allocate an amount equivalent to two and half percent (2.5%)
of the Internal Revenue Allotment (IR(A) of the City for any given
year, or the amount of Ten million pesos (P10,000,000.00), whichever is
higher. This fund shall be administered by the city health officer, in
close coordination with the Office of the City Mayor.
Sec. 52. Livelihood Fund. — There is hereby
established a City of Malabon Livelihood Fund which shall be used to
finance entrepreneurial and other livelihood programs as may be
formulated by the corresponding city officials. For this purpose, the
sangguniang panlungsod shall allocate the amount of Two million pesos
(P2,000,000.00) in the annual budget of the City, which amount shall be
subject to review and adjustment by the sangguniang panlungsod every
five (5) years. Such fund shall be administered by the city
cooperatives officer, in close coordination with the office of the city
mayor.
Sec. 53. Municipal Ordinances Existing at the Time of
Approval of this Act. — All municipal ordinance of the Municipality of
Malabon existing at the time of the approval of this Act shall continue
to be in force within the City of Malabon until the sangguniang
panlungsod shall, be ordinance, provide otherwise.
Sec. 54. Plebiscite. — The City of Malabon 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 Malabon within one hundred
twenty (120) days from the approval of its Act. The expenses for such
plebiscite shall be borne by the Municipality of Malabon. The
Commission on Elections shall conduct and supervise such plebiscite.
Sec. 55. Officials of the City of Malabon. — The
present elective officials of the municipality 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
municipality shall likewise continue exercising their functions and
duties and they shall automatically be absorbed by the city government
of the City of Malabon.
Sec. 56. Suspension of Increase in rates of Local
Taxes. — No increase in the rates of local taxes shall be imposed by
the City within a period of five (5) years from its acquisition of
corporate existence.
Sec. 57. Legislative District. — Until provided by
law, the City of Malabon shall continue to be a part of the Lone
Congressional District of Malabon-Navotas.
Sec. 58. Applicability of Laws. — The provision of
Republic Act No. 7160, otherwise known as the Local Government Code of
1991, Presidential Decree No. 824, and other laws pertaining to
Metropolitan Manila and such laws as are applicable to highly-urbanized
cities shall govern the City of Malabon insofar as they are not
inconsistent with the provisions of this Act.
Sec. 59. Separability Clause. — If any part of this
Act is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Sec. 60. Effectivity. — This Act shall take effect
upon its approval.
Approved: March 5, 2001
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