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REPUBLIC ACT NO. 9025

   REPUBLIC ACT NO. 9025 - AN ACT CONVERTING THE MUNICIPALITY OF ALAMINOS, PROVINCE OF PANGASINAN INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF ALAMINOS.

 

ARTICLE I
General Provisions


Section 1.    Title. — This Act shall be known as the "Charter of the City of Alaminos."

Sec. 2.    The City of Alaminos. — The Municipality of Alaminos shall be converted into a component city to be known as the City of Alaminos hereinafter referred to as the City, which shall comprise the present jurisdiction of the Municipality of Alaminos, Pangasinan Province. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Alaminos, as follows:

METES AND BOUNDS


Bounded on the South-East by Cad 588-D, Municipality of Saul along lines 1 to 8;
Bounded on the South-West by Cad 552-D, Municipality of Mabini along lines 8 to 17;
Bounded on North-West by Cad 500-D, Municipality of Bani along lines 17 to 386;
Bounded on the North-East by Lingayen Gulf along lines 386 to the point of beginning:
Beginning from point 1 being N 86 deg. 47 min. E., 10,664.70 meters from BLLM No. 1, thence:

LINES    BEARINGS    DISTANCES

1-2    S55 07W    1375.78
2-3    S55 07W    2545.83
3-4    S55 05W    2547.17
4-5    S55 09W    2544.76
5-6    S03 13W    2841.81
6-7    S03 13W    2841.81
7-8    S03 13W    2841.92
8-9    N36 48W    2454.94
9-10    N36 48W    3324.32
10-11    N36 48W    1589.43
11-12    N65 44W    2197.92
12-13    N09 58E    1370.72
13-14    N07 19E    439.00
14-15    N73 44W    2599.80
15-16    N62 06W    1360.38
16-17    N54 53W    1478.85
17-18    N19 05E    74.44
18-19    N12 05E    18.72
19-20    N01 30W    123.70
20-21    N81 19E    33.92
21-22    N15 29W    50.88
22-23    N41 18E    63.87
23-24    N67 13E    20.79
24-25    N26 42E    17.25
25-26    N47 39E    18.96
26-27    N74 44E    28.80
27-28    S66 35E    8.46
28-29    N43 58E    119.34
29-30    N33 33E    33.00
30-31    N21 18W    9.41
31-32    N40 05E    37.67
32-33    S72 21E    51.45
33-34    N81 08E    18.80
34-35    S58 14E    24.83
35-36    N37 15E    27.03
36-37    N87 18E    26.17
37-38    N54 59E    77.47
38-39    N88 19E    37.32
39-40    N12 25E    4.46
40-41    N09 49E    18.37
41-42    N12 34W    32.44
42-43    N51 27E    80.97
43-44    N65 31E    65.48
44-45    N03 12E    21.12
45-46    S78 28W    109.61
46-47    N00 17W    40.10
47-48    N00 46E    49.59
48-49    N00 46W    55.59
49-50    N05 17W    15.07
50-51    N15 02W    6.44
51-52    N18 02E    112.54
52-53    N66 33W    50.12
53-54    N33 35E    38.80
54-55    N12 58E    66.60
55-56    N53 46E    25.71
56-57    N63 23E    10.60
57-58    N07 00E    38.75
58-59    N83 07W    6.92
59-60    N77 08W    13.88
60-61    N50 27W    110.41
61-62    N36 57W    99.86
62-63    N35 47W    59.73
63-64    N26 15E    157.77
64-65    N89 50E    84.66
65-66    N08 52E    54.09
66-67    N21 41E    155.89
67-68    N17 08E    71.42
68-69    N27 34E    19.90
69-70    N32 44E    28.07
70-71    N16 20E    64.43
71-72    N03 05E    30.35
72-73    N15 28E    10.05
73-74    N48 08E    69.97
74-75    N31 40E    21.05
75-76    N16 58E    15.56
76-77    N51 15E    38.77
77-78    N76 00E    80.11
78-79    N37 45E    17.56
79-80    N78 09E    255.09
80-81    N66 11W    250.76
81-82    N51 25W    12.09
82-83    N33 35E    70.19
83-84    N52 06E    69.75
84-85    S76 39E    3.46
85-86    N06 27E    32.81
86-87    N22 17W    20.60
87-88    N14 09W    11.90
88-89    N09 12E    32.01
89-90    N21 13E    52.85
90-91    N42 52E    4.38
91-92    N08 39E    41.35
92-93    N13 35E    42.29
93-94    N22 30W    46.70
94-95    N09 33E    48.49
95-96    N28 23E    55.88
96-97    N21 57E    32.04
97-98    N76 41E    25.44
98-99    N83 10E    14.63
99-100    N63 19E    27.80
100-101    N46 54E    59.51
101-102    N53 10E    40.22
102-103    N56 24E    27.85
103-105    N70 14E    12.98
104-105    N79 31E    11.10
105-106    N82 46E    7.71
106-107    N35 28E    6.45
107-108    N00 30W    132.75
108-109    N13 10W    50.31
109-110    N09 51E    44.19
110-111    N20 38E    110.80
111-112    S33 49E    24.10
112-113    S79.08E    25.76
113-114    N69 14E    26.13
114-115    N76 13E    56.73
115-116    N77 31E    57.59
116-117    N60 40E    35.55
117-118    N24 34E    76.97
118-119    N76 58E    110.86
119-120    N73 37E    53.16
120-121    N19 07E    79.38
121-122    N20 16E    69.29
122-123    N69 52E    31.95
123-124    N06 47E    42.30
124-125    N84 44W    65.28
125-126    N06 04W    47.27
126-127    N27 52W    79.18
127-128    N14 15W    65.00
128-129    N17 43E    32.37
129-130    N82 19E    130.49
130-131    N50 34E    103.38
131-132    N78 47E    73.18
132-133    N31 53E    63.65
133-134    N23 01E    59.52
134-135    N43 48E    2.69
135-136    N13 37E    115.85
136-137    N10 38E    44.51
137-138    N26 39E    28.72
138-139    S86 43E    18.82
139-140    S63 42E    6.82
140-141    N18 38E    57.35
141-142    N79 32W    25.87
142-143    N08 12E    40.23
143-144    S85 55W    15.84
144-145    N29 39E    45.45
145-146    N03 34E    32.89
146-147    N19 07E    23.73
147-148    N53 53E    3.94
148-149    N85 12E    21.25
149-150    N03 12W    55.50
150-151    N50 21W    10.00
151-152    N25 00W    11.76
152-153    N47 42W    13.07
153-154    N11 26W    19.58
154-155    N51 22W    16.17
155-156    N18 55E    34.58
156-157    N44 43E    7.16
157-158    N70 10E    9.64
158-159    N42 20E    12.62
159-160    S87 36E    9.05
160-161    N06 05E    55.83
161-162    N13 50W    33.63
162-163    N17 23W    37.27
163-164    N04 26E    40.87
164-165    N01 27W    51.04
165-166    N06 52W    65.09
166-167    N59 03W    20.67
167-168    S75 12W    20.82
168-169    N17 12E    31.93
169-170    N03 18E    133.44
170-171    N82 50E    27.92
171-172    N30 32W    6.40
172-173    N03 19E    38.61
173-174    N11 24E    22.98
174-175    S81 10E    21.74
175-178    N77 13E    115.03
176-177    N68 50E    5.04
177-178    S81 23E    40.58
178-179    N04 27E    34.64
179-180    N47 45E    11.96
180-181    N22 35W    33.72
181-182    N07 24W    7.15
182-183    N29 36W    34.58
183-184    N11 27W    18.94
184-185    N35 23E    46.11
185-186    N03 21W    12.14
186-187    N25 58W    15.69
187-188    N62 35W    24.89
188-189    S81 05W    28.09
189-190    N55 00W    10.34
190-191    N03 44W    26.54
191-192    N14 55E    12.71
192-193    N31 04W    6.43
193-194    N19 07W    29.40
194-195    N49 25E    35.94
195-196    N14 13W    46.37
196-197    N81 45E    35.93
197-198    N08 21W    20.93
198-199    N36 59E    27.59
199-200    N03 14E    12.06
200-201    N48 38W    26.28
201-202    S77 14E    9.19
202-203    N38 36E    26.27
203-204    N01 56W    12.76
204-205    S87 07E    48.79
205-206    N80 59E    38.31
206-207    N77 27E    33.53
207-208    N76 08E    110.62
208-209    N60 46E    29.84
209-210    N21 43E    8.08
210-211    N10 51W    83.82
211-212    N31 48E    25.52
212-213    N20 47W    15.00
213-214    N12 06E    32.71
214-215    S86 45E    119.29
215-216    S84 07E    79.38
216-217    N85 38E    43.19
217-218    S87 48E    35.98
218-219    S82 55E    50.82
219-220    S81 42E    2.50
220-221    S87 04E    140.48
221-222    N12 47E    19.21
222-223    N18 38E    80.25
223-224    N12 31E    15.08
224-225    N00 10W    105.06
225-226    N18 21E    43.08
226-227    N32 34E    107.36
227-228    N06 58E    39.45
228-229    N29 46E    69.44
229-230    N33 36E    45.37
230-231    S62 51E    90.23
231-232    S59 27E    36.85
232-233    S66 42E    59.23
233-234    S51 17E    15.83
234-235    S63 05E    155.29
235-236    S81 41E    22.61
236-237    S54 30E    5.99
237-238    S14 36E    24.95
238-239    S17 38E    17.69
239-240    S37 14E    31.55
240-241    S33 43E    40.27
241-242    S25 33E    47.45
242-243    S20 02E    42.60
243-244    S42 26E    68.96
244-245    N58 12E    9.94
245-246    N39 55E    33.76
246-247    N25 31W    5.90
247-248    N13 59W    43.52
248-249    N74 38E    6.79
249-250    N17 56W    21.50
250-251    N07 46W    8.13
251-252    N12 30E    7.44
252-253    N12 39W    11.87
253-254    N52 18E    9.57
254-255    N18 04W    33.25
255-256    N45 32W    4.54
256-257    N39 15W    33.78
257-258    N30 28W    17.38
258-259    N65 26E    51.84
259-260    N68 13E    110.27
260-261    N03 16W    1.05
261-262    N71 12E    58.65
262-263    N68 39E    18.21
263-264    N77 13E    7.36
264-265    N67 21E    10.47
265-266    N67 25E    72.37
266-267    N69 13E    58.40
267-268    N67 36E    32.54
268-269    N72 09E    25.57
269-270    S57 03E    47.30
270-271    N72 14E    18.93
271-272    N05 19W    160.61
272-273    N10 46E    105.16
273-274    N08 53E    45.09
274-275    N15 06E    17.81
275-276    N21 19E    15.10
276-277    N10 50W    13.73
277-278    S87 25W    2.00
278-279    N02 31E    62.92
279-280    N11 53W    64.32
280-281    N22 39W    41.39
281-282    N13 28W    241.29
282-283    N35 07E    214.99
283-284    N28 24E    22.85
284-285    N32 05E    30.01
285-286    N36 36E    18.00
286-287    N31 25E    124.72
287-288    N30 14E    60.86
288-289    N54 53E    94.73
289-290    N71 47E    9.73
290-291    N74 05E    46.30
291-292    S88 43E    25.51
292-293    N87 38E    23.44
293-294    S72 03E    126.33
294-295    S70 28E    17.50
295-296    S69 18E    55.04
296-297    S77 03E    42.66
297-298    S70 06E    72.15
298-299    N74 44E    37.11
299-300    N42 20E    66.19
300-301    N00 12W    118.52
301-302    N39 33E    9.17
302-303    N36 36W    67.93
303-304    N51 37W    67.65
304-305    N43 22W    31.98
305-306    N45 46W    32.05
306-307    N43 14W    37.71
307-308    N44 40W    83.47
308-309    N34 44W    66.88
309-310    N86 43W    26.02
310-311    N46 18W    97.35
311-312    N48 04W    51.98
312-313    N51 20W    58.59
313-314    N33 54W    37.23
314-315    N00 07E    55.60
315-316    N44 49E    77.84
316-317    N53 25E    42.63
317-318    N77 55E    371.90
318-319    N77 55E    182.00
319-320    S79 38E    110.70
320-321    S81 08E    111.84
321-322    N65 08E    67.71
322-323    N73 02E    8.26
323-324    N26 07E    33.99
324-325    N12 58E    46.18
325-326    N28 10W    55.05
326-327    N26 14W    98.82
327-328    N32 32W    68.86
328-329    N38 57W    23.22
329-330    N47 57W    117.70
330-331    N45 08W    67.14
331-332    N52 43W    264.33
332-333    N60 22W    259.18
333-334    N56 20W    121.55
334-335    N32 55W    32.33
335-336    N19 54W    60.61
336-337    N16 54E    87.49
337-338    S68 16E    7.00
338-339    N30 38E    37.53
339-340    N28 17E    26.97
340-341    N37 08E    68.88
341-342    N44 37E    230.90
342-343    N56 38E    62.22
343-344    N47 22E    115.72
344-345    N39 35E    85.00
345-346    S64 46E    3.64
346-347    N32 40E    59.69
347-348    N25 33E    86.42
348-349    N09 28E    158.74
349-350    N07 03E    39.81
350-351    N04 27E    31.84
351-352    N01 24W    37.90
352-353    N00 27E    36.15
353-354    N07 42W    39.99
354-355    N08 02W    98.89
355-356    N06 07W    102.92
356-357    N07 11W    55.11
357-358    N36 22E    17.14
358-359    N16 49W    124.57
359-360    N27 30W    193.39
360-361    N50 24W    73.16
361-362    N63 44W    13.81
362-363    N82 26W    99.88
363-364    S84 08W    41.01
364-365    S71 39W    59.82
365-366    S62 18W    39.28
366-367    S68 13W    52.07
367-368    S77 11W    10.87
368-369    S67 09W    77.23
369-370    S83 18W    73.00
370-371    S85 05W    100.24
371-372    S48 06W    192.41
372-373    N60 06W    282.05
373-374    N74 08W    343.71
374-375    N70 19W    170.53
375-376    N61 12W    118.61
376-377    N36 38W    266.71
377-378    N39 15W    319.99
378-379    N38 20W    131.40
379-380    N24 29W    93.97
380-381    N13 12W    139.63
381-382    N02 17W    34.25
382- 383    N34 05W    154.97
383-384    N21 07W    234.50
384-385    N07 21W    47.09
385-386    N07 21W    185.29
386-387    N72 48E    315.12
387-388    S25 32E    605.81
388-389    S41 45E    350.96
389-390    S49 18E    295.31
390-391    S64 41E    474.00
391-392    S88 43E    385.56
392-393    N88 13E    206.81
393-394    S84 23E    105.10
394-395    N73 09E    106.82
395-396    S87 58E    409.96
396-397    S89 22E    246.43
397-398    S29 51E    755.42
398-399    S41 38E    495.70
399-400    S12 32E    214.55
400-401    S03 55E    314.11
401-402    N52 42E    989.94
402-403    N70 46E    337.94
403-404    S52 25E    944.53
404-405    N60 44E    669.57
405-406    N72 19E    338.26
406-407    S29 50W    918.48
407-408    S59 25W    361.80
408-409    S48 33W    621.45
409-410    S63 24W    340.95
410-411    S15 19E    142.31
411-412    S17 05E    247.58
412-413    S64 23E    232.78
413-414    S82 52E    577.79
414-415    S19 04E    900.64
415-416    S53 39E    263.81
416-417    S61 41E    74.36
417-418    N25 06E    121.03
418-419    N20 22W    71.75
419-420    N29 01E    88.12
420-421    S55 50E    972.85
421-422    S50 50E    851.88
422-423    N70 22E    240.59
423-424    S31 27E    265.57
424-425    S37 29E    413.62
425-426    S58 40E    75.14
426-427    S15 06E    466.63
427-428    S53 47E    440.17
428-429    S28 02E    101.96
429-430    S24 47E    241.95
430-431    S39 47E    1336.75
431-432    N44 45E    1635.89
432-433    N09 38E    40.85
433-434    N76 55E    1861.55
434-435    S20 38E    708.24
435-436    S77 52E    713.15
436-437    S21 49W    65.86
437-438    S62 37E    310.15
438-439    S23 12E    143.72
439-440    S83 37E    421.07
440-441    S07 24E    51.50
441-442    N69 26E    117.94
442-443    N79 49E    132.25
443-444    S85 59E    90.93
444-445    N73 28E    272.59
445-446    N41 02E    120.24
446-447    N51 57E    97.01
447-448    N11 23E    59.57
448-449    N12 02E    174.78
449-450    N57 47E    291.24
450-451    S01 32W    139.61
451-452    S06 38E    263.04
452-453    S77 00W    329.31
453-454    S26 37W    49.52
454-455    S12 11W    56.65
455-456    S08 02W    114.56
456-457    S02 03W    522.30
457-458    S02 46W    28.73
458-459    S18 18E    52.20
459-460    S48 39E    79.37
460-461    S37 58E    126.44
461-462    S48 15E    79.28
462-463    S42 16E    287.77
463-464    S68 55E    65.87
464-465    S72 46E    315.92
465-466    N86 45E    71.46
466-1        S80 44E    129.97
to the point of beginning.

Containing an area of sixteen thousand four hundred twenty-six hectares (16,426 has.) more or less (includes the 186 hectares surveyed area of Hundred Islands comprising of parcels 1 to 123 situated in the northern portion of Alaminos within the vicinity of Lingayen Gulf) based on the technical descriptions and unapproved political boundary map submitted by the Regional Office. This area of 16,426 hectares is subject to future adjustment when the political boundary survey is finally approved.

Reference point are based on Cad 552-D (Mabini Cadastre), Cad 588-D (Sual Cadastre), and Cad 500-D (Bani Cadastre) all in the province of Pangasinan. Corners 2 to 8 are identical to MBM 2 to MBM 8 of Cad 588-D, respectively; Corners 10 to 16 are identical to MBM 10 to MBM 16 of Cad 552-D, respectively; Corners 17 to 386 are lot corners in Cases, 5, 6, and 7 of Cad 325-D, Alaminos Cadastre.


The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing boundary disputes or cases involving questions of territorial jurisdiction between the City of Alaminos and the adjoining local government units.

Sec. 3.    Corporate Powers of the City. — The City constitutes a political body corporate and as such is endowed with the attributes of perpetual succession and possessed of the powers which pertains to a municipal corporation to be exercised in conformity with the provision of this Charter. The City shall have the following corporate powers:

(a)    To have a continuous succession in its corporate name;

(b)    To sue and be sued;

(c)    To have and use a corporate seal;

(d)    To acquire, hold and convey real or personal property;

(e)    To enter into any contracts and/or agreements; and

(f)    To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act or laws.

Sec. 4.    General Powers. — The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interests of the City; to expropriate or condemn private property for public use; to contract and be contracted with, to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the City is involved of interested in and to exercise all the powers as are granted to corporations or as hereinafter granted.

Sec. 5.    Liability for Damages. — The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.

Sec. 6.    Jurisdiction of the City. — The jurisdiction of the City of Alaminos, for police purposes only, shall be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring the purity of the water supply of the City, such police jurisdiction shall also extend over all the territory within the drainage area of such water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.

The regional trial courts and the city courts of the City of Alaminos shall have concurrent jurisdiction with the regional trial courts and the metropolitan trial courts or city or municipal trial courts of the adjoining municipalities to try crimes and misdemeanor committed within the said drainage area, or within said space of one hundred meters (100 m.). The court first taking jurisdiction of such offense shall thereafter retain exclusive jurisdiction thereof. But any license that may be issued within said zone, area or space shall be granted by the proper authorities of the city or municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said city or municipality.

ARTICLE II
City Officials in General


Sec. 7.    The Officials of the City of Alaminos. — (a) There shall be in the City: a city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer and an assistant city treasurer, a city assessor and an assistant city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and development officer, a city veterinarian, a city general services officer, a city agriculturist, a city cooperatives officer, and an environment and natural resources officer;

(b)    In addition thereto, the city mayor may appoint a city architect, a city information officer, and a city population officer;

(c)    The City shall establish a city fire station to be headed by a city fire marshall, a city jail to be headed by a city jail warden, a city school division to be headed by a city school division superintendent, and a city prosecution service to be headed by a city prosecutor; and

(d)    The City may:

(1)    Maintain existing offices not mentioned in subSec.s (a) and (b) hereof;

(2)    Create such other offices as may be necessary to carry out the purposes of the city government; or

(3)    Consolidate the functions of any office with those of another in the interest of efficiency and economy.


Unless otherwise provided herein, heads of departments and offices shall be appointed by the city mayor with the concurrence of the majority of all the sangguniang panlungsod members, subject to civil service law, rules and regulations. The sangguniang panlungsod shall act on the appointment within fifteen (15) days from the day of its submission, otherwise the same shall be deemed confirmed.

ARTICLE III
The City Mayor and Vice Mayor


Sec. 8.    The City Mayor. — (a) The city mayor shall be the chief executive of the City. He shall be elected at large by the qualified voters of the City.

No person shall be eligible for the position of a city mayor unless at the time of the election:

(1)    He its at least twenty-one (21) years of age;

(2)    An actual resident of the City for at least one (1) year prior to his election; and

(3)    A qualified voter therein.


He shall hold office for three (3) years, unless sooner removed, and shall receive a minimum monthly compensation corresponding to salary grade thirty (30) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto.

(b)    The city mayor, as the chief executive of the city government shall exercise such powers and perform such duties and functions as provided by the Local Government Code of 1991 and other laws:

(1)    Exercise those powers expressly granted to him by law, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for the efficient and effective governance of the City and those which are essential to the promotion of general welfare:

(a)    Determine the guidelines of city policies and be responsible to the sangguniang panlungsod for the program of government;

(b)    Direct the formulation of the city development plan with the assistance of the city development council and upon approval thereof by the sangguniang panlungsod, implement the same;

(c)    Present the program of government and propose policies and projects for the consideration of the sangguniang panlungsod at the opening of the regular session of the sangguniang panlungsod every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the city government may require;

(d)    Initiate and propose legislative measures to the sangguniang panlungsod and as often as may be deemed necessary, provide such information and data needed or requested by said sanggunian in the performance of its legislative functions;

(e)    Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided for in this Act as well as those he may be authorized by law to appoint except those who are to be appointed by the vice mayor as provided in Sec. 9 hereof;

(f)    Represent the City in all its business transactions and sign on its behalf all bonds, contracts, obligations, and such other documents with authority from the sangguniang panlungsod or pursuant to law or ordinance;

(g)    Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;

(h)    Determine the time, manner and place of payment of salaries or wages of the city officials and employees, in accordance with law or ordinance;

(i)    Allocate and assign office space to the city officials and employees who, by law or ordinance, are entitled to such space in the city hall and other buildings owned or leased by the city government;

(j)    Ensure that all executive officials and employees of the City faithfully discharge their duties and functions as provided by law and this Act and cause to be instituted administrative or judicial proceedings against any official or employee of the City who may have committed an offense in the performance of his official duties;

(k)    Examine the books, records and other documents of all offices, officials, agents or employees of the City and, in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the City to make available to him such books, records and other documents in their custody except those classified by law as confidential;

(l)    Furnish copies of executive orders issued by him to the office of the governor within seventy-two (72) hours after their issuance;

(m)    Visit component barangays of the City at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to local officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the City will improve the quality of life of the inhabitants;

(n)    Act on leave applications of officials and employees appointed by him and commutation of the monetary value of their leave credits in accordance with law;

(o)    Authorize official trips of city officials and employees outside of the City for a period not exceeding thirty (30) days;

(p)    Call upon any national official or employee stationed in or assigned to the City to advise him on matters affecting the City and to make recommendations thereon; coordinate with said officials and employees in the formulation and implementation of plans, programs and projects; and when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the City;

(q)    Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of city officials and employees who are injured while in the performance of their official duties and functions, subject to availability of funds;

(r)    Solemnize marriages, any provision of law to the contrary notwithstanding;

(s)    Conduct an annual palarong panlungsod which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; and

(t)    Submit to the provincial governor the following reports: and annual report containing a summary of all matters pertinent to the management, administration and development of the City and all information and data relative to its political, social and economic conditions; supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the City.   

(2)    Enforce all laws and ordinances relative to the governance of the City and in the exercise of its appropriate powers as well as implement all approved policies, programs, projects, services and activities of the City and in addition shall:

(a)    Ensure that the acts of the City's component barangays and of its officials and employees are within the scope of their prescribed powers, duties and functions;

(b)    Call conventions, conferences, seminars or meetings of elective or appointive officials of the City, including provincial and national officials and employees stationed in or assigned to the City, at such time and place and on such subject he may deem important for the promotion of the general welfare of the local government unit and its inhabitants;

(c)    Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;

(d)    Be entitled to carry the necessary firearms within his territorial jurisdiction after the procurement of necessary permit/s and/or license/s from duly constituted authorities;

(e)    Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the City, upon its approval, implement the same; and as such exercise general and operational control and supervision over the police forces in the City in accordance with Republic Act No. 6975; and

(f)    Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or apprehend violators of the law when public interest so requires and the city police forces are inadequate to cope with the situation or the violators.

(3)    Initiate and maximize the generation of resources and revenues and apply the same to the implementation of development plans, program objectives and priorities, particularly the resources and revenues programmed for agro-industrial development and countryside growth and progress, and relative thereto, shall:

(a)    Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the provisions of the Local Government Code of 1991;

(b)    Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the City for the ensuing calendar year in the manner provided for under the Local Government Code of 1991;

(c)    Ensure that all taxes and other revenues of the City are collected and that city funds are applied to the payment of expenses and settlement of obligations of the City, in accordance with law or ordinance;

(d)    Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued pursuant to law or ordinance. This also includes the issuance of licenses and permits to gambling operations authorized by law subject to the ordinance of the sangguniang panlungsod;

(e)    Issue permits without need of approval therefor from any national agency, for the holding of activities for any charitable or welfare purpose, excluding prohibited games or shows contrary to law, public policy and public morals;

(f)    Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance;

(g)    Adopt adequate measures to safeguard and conserve land, mineral, forest, marine and other resources of the City;

(h)    Provide efficient and effective property and supply management in the City; and protect the funds, credits, rights and other properties of the City; and

(i)    Institute or cause to be instituted administrative or judicial proceedings for violation of ordinance in the collection of taxes, fees or charges, and for the recovery of funds and property; and cause the City to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected.

(4)    Ensure the delivery of basic services and the provision of adequate facilities and in addition thereto:

(a)    Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the City and of the province; and

(b)    Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by national offices and provincial office.   

(5)    Exercise such other powers and perform such other duties and functions as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991 and those that are prescribed by law or ordinance.


Sec. 9.    The City Vice Mayor. — (a) There shall be a vice mayor who shall be elected in the same manner as the city mayor and shall at the time of his election possess the same qualifications as the city mayor. He shall hold office for three (3) years, unless sooner removed, and shall receive a monthly compensation corresponding to salary grade twenty-six (26) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto.

(b)    The city vice mayor shall exercise the following duties:

(1)    Act as presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operations of the sangguniang panlungsod;

(2)    Subject to civil service law, rules and regulations, appoint all officials and employees including the secretary of the sangguniang panlungsod, and such employees of the individual members of the sangguniang panlungsod, except those whose manner of appointment is specifically provided for under existing laws;

(3)    Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy;

(4)    Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy; and

(5)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991 and those that are prescribed by law or ordinance.  

ARTICLE IV
The Sangguniang Panlungsod


Sec. 10.    The Sangguniang Panlungsod. — The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as presiding officer, ten (10) regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan and the sectoral representatives, as members.

(a)    In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as shall be determined by the sangguniang panlungsod within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities or disabled persons.

(b)    The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. The elective members of the sangguniang panlungsod shall possess the qualifications as provided under Sec. 39 of Republic Act No. 7160.

(c)    They shall receive such compensation, emoluments and allowances as may be determined by law.

(d)    The sangguniang panlungsod shall:

(1)    Approve ordinances and pass resolutions necessary for an efficient and effective city government, and relative hereto shall:

(a)    Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sangguniang barangay and of the punong barangay;

(b)    Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(c)    Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both at the discretion of the court, for violation of a city ordinance;

(d)    Adopt measures to protect the inhabitants of the City on harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and in their return to productive livelihood following said events;

(e)    Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the City;  

(f)    Protect the environment. To this end, it may set aside, at least, ten percent (10%) of its development funds for the purpose of maintaining and enhancing the ecological balance of the City. It may also impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging, smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash-and-burn farming and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes or ecological imbalance;

(g)    Subject to the provisions of the Local Government Code of 1991 and the pertinent laws, determine the powers and duties of officials and employees of the City;

(h)    Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and provide for expenditures necessary for the proper conduct of programs, projects, services and activities of the city government;

(i)    Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity at the rate authorized by law;

(j)    Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all city government property, public documents, or records such as those relating to property inventory, land ownership, record of births, marriages, deaths, assessments, taxation, accounts, business permits and such other records and documents of public interest in the offices and departments of the city government;

(k)    When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the City;

(l)    Provide legal assistance to city and barangay officials including the members of the city police who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal actions. The sangguniang panlungsod may authorize the city mayor to engage the services of private counsel for this purpose; and

(m)    Provide for group insurance or additional insurance coverage for all officials, including members of barangay tanod brigades and other service units with public or private insurance companies when the finances of the city government allows said coverage.  


(2)    Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the City, with particular attention to agro-industrial development and city-wide growth and progress, and relative thereto, shall:

(a)    Approve the annual and supplemental budgets of the city government and appropriate funds for specific programs, projects, services and activities of the City, or for other purposes not contrary to law in order to promote the general welfare of the City and its inhabitants;

(b)    Subject to the provisions of Book II of the Local Government Code of 1991 and the applicable laws, and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes and granting tax exemption, incentive or relief;

(c)    Subject to the provisions of Book II of the Local Government Code of 1991 and upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to negotiate and contract loans and other forms of indebtedness;  

(d)    Subject to the provisions of Book II of the Local Government Code of 1991 and applicable laws, and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects;

(e)    Appropriate funds for the construction and maintenance or the rental of buildings for the use of the City and upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations;

(f)    Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the City;

(g)    Adopt a comprehensive land use plan for the City and that, the formulation, adoption or modification of said plan shall be in coordination within the approved provincial comprehensive land use plan;

(h)    Reclassify lands within the jurisdiction of the City subject to the pertinent provisions of the Local Government Code of 1991;

(i)    Enact integrated zoning ordinance in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers, and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code;

(j)    Subject to national law, process and approve subdivision plans for residential, commercial or industrial purposes and other development purposes, and to collect processing fees and other charges, the proceeds of which shall accrue entirely to the City where approval of a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approved thereof;

(k)    Subject to the provisions of Book II of the Local Government Code of 1991, grant the exclusive privilege of constructing fish corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any species of fish within the city waters;  

(l)    With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlungsod, grant tax exceptions, incentives or relief to entities engaged in community growth-inducing industries, subject to the provisions of the Local Government Code of 1991;

(m)    Grant loans or provide grants to other local government units or to national, provincial and city charitable, benevolent or educational institutions: Provided,that said institutions are operated and maintained within the City;

(n)    Regulate the numbering of residential, commercial and other buildings; and

(o)    Regulate the inspection, weighing and measuring of articles of commerce.

(3)    Subject to the provisions of the Local Government Code of 1991, enact ordinances granting franchises and authorizing the issuance of permits or licenses upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the City and pursuant to this legislative authority, shall:

(a)    Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities;

(b)    Regulate or fix license fees for any business or practice of profession within the City and the conditions under which the license for said business or practice of profession may be revoked and enact ordinances levying taxes thereon;   

(c)    Provide for and set the terms and conditions under which public utilities owned by the City shall be operated by the city government and prescribe the conditions under which the same may be leased to private persons or entities preferably cooperatives;

(d)    Regulate the display of and fix the license fees for signs, signboards or billboards at the place or places where the profession or business advertised thereby is in whole or in part, conducted;

(e)    Any law to the contrary notwithstanding, authorize and license the establishment, operation and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks. The existing rights should not be prejudiced;

(f)    Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the City; and

(g)    Upon approval by a majority vote of all the members of the sangguniang panlungsod, grant a franchise to any person, partnership, corporation or cooperative to do business within the City; establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake such other activities within the City as may be allowed by existing laws. The cooperatives shall be given preference in the grant of such franchise.  

(4)    Regulate activities relative to the use of land, buildings and structures within the City in order to promote the general welfare and for said purpose, shall:

(a)    Declare, prevent or abate any nuisance;

(b)    With the concurrence of a majority of the members of the sangguniang panlungsod, a quorum being present, deny the entry of legalized gambling by ordinance into any part of the City or regulate its location in the City;

(c)    Require that buildings and the premises thereof and any land within the City be kept and maintained in a sanitary condition; impose penalties for any violation thereof; or upon failure to comply with said requirement, have the work done at the expense of the owner, administrator or tenant concerned require the filling up of any land or premises to a grade necessary for proper sanitation;

(d)    Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments;

(e)    Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses and other similar establishments, including tourist guides and transports;

(f)    Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlets;

(g)    Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the City;

(h)    Regulate the establishment, operation and maintenance of any entertainment or amusement facilities, including the theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors and other places for entertainment or amusement; regulate such other events or activities for amusements or entertainment particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same: or prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community;

(i)    Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations; and

(j)    Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals.  


(5)    Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under the Local Government Code of 1991, and in addition to said services and facilities, shall:

(a)    Provide for the establishment and maintenance, protection and conservation of communal forest and watersheds, tree parks, green belts, mangroves and other similar forest development projects;

(b)    Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures;

(c)    Authorize the establishment, maintenance and operation by the city government of ferries, wharves, and other structures intended to accelerate productivity related to marine and seashore or offshore activities;

(d)    Regulate the preparation and sale of meat, poultry, fish vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption;

(e)    Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places;

(f)    Regulate traffic on all streets and bridges: prohibit encroachments or obstacles thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places;

(g)    Subject to existing laws, establish and provide for the maintenance, repair and operation of an efficient waterworks system to supply water for the inhabitants and to purify the source of the water supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the City and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred meters (100 m.) of the reservoir, canal, conduit, aqueduct, pumping station or watershed used in connection with the water service; and regulate the consumption, use or wastage of water and fix and collect charges therefor;   

(h)    Regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property and regulate the construction and use of private water closets, privies and other similar structures in buildings and homes;

(i)    Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric telegraph and telephone wires, conduits, meters and other apparatus; and provide for the correction, condemnation or removal of the same when found to be dangerous to the welfare of the inhabitants;

(j)    Subject to the availability of funds and the existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post secondary institutions and, with the approval of the Department of Education, Culture and Sports and subject to existing laws on tuition fees, fix and collect reasonable tuition fees and other school charges in educational institutions supported by the city government;

(k)    Establish a scholarship fund for poor but deserving students in schools located within its jurisdiction or for students residing within the City;

(l)    Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases;

(m)    Provide for an efficient and effective system of solid waste and garbage collection and disposal and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes;

(n)    Provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and the youth below eighteen (18) years of age; and subject to availability of funds, establish and provide for the operation of centers and facilities for the said needy and disadvantaged persons;

(o)    Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the City;

(p)    Establish a city council whose purpose is the promotion of culture and the arts, coordinate with government agencies and nongovernmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and

(q)    Establish a city council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for nongovernmental agencies and entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly.

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance. 

ARTICLE V
Process of Legislation


Sec. 11.    Internal Rules of Procedure. — (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sangguniang panlungsod shall adopt or update its existing rules of procedure.

(b)    The rules of procedure shall provide for the following:

(1)    The organization of the sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, revenues, engineering and public works, education and health, women and family, human rights, youth and sports development, environmental protection, peace and order and traffic, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee;   

(2)    The order and calendar of business for each session;

(3)    The legislative process;

(4)    The parliamentary procedures which include the conduct of members during sessions;

(5)    The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions for which they may be censured, reprimanded or excluded from the session, suspended for not more than sixty (60) days, or expelled. The penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian members. A member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and

(6)    Such other rules as the sanggunian may adopt.


Sec. 12.    Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members. — (a) Every sangguniang panlungsod member shall, upon assumption to office, make a full disclosure of his business and financial interests. He shall also disclose any business, financial, professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which he is a member, which relationship may result in conflict of interests. Such relationship shall include:

(1)    Ownership of stock or capital, or investment in the entity or firm to which the ordinance or resolution may apply; and

(2)   Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect.


In the absence of a specific constitutional or statutory provisions applicable to this situation, "conflict of interest" refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private pecuniary or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public.

(b)    The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he is a member. The disclosure shall in all cases, form part of the record of the proceedings and shall be made in the following manner:

(1)    Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under consideration: Provided,that if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and

(2)    Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection or professional relationship described herein.   


Sec. 13.    Sessions. — (a) On the first day of the session immediately following the election of its members, the sangguniang panlungsod shall, by resolution, fix the day, time and place of its sessions. The minimum number of regular sessions shall be once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay.

(b)    When the public interest so demands, special sessions may be called by the city mayor or by a majority of the members of the sanggunian.

(c)    All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency or morality. No two (2) sessions, regular or special, may be held in a single day.

(d)    In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the members' usual place of residence at least twenty-four (24) hours before the special session is held.

Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.

(e)    The sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sangguniang panlungsod.  

Sec. 14.    Quorum. — (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.

(b)    Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the City of Alaminos, to arrest the absent member and present him at the session.

(c)    If there is still no quorum despite the enforcement of the immediately preceding subSec., no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.  

Sec. 15.    Approval of Ordinances. — (a) Every ordinance enacted by the sangguniang panlungsod shall be presented to the city mayor. If the city mayor approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.

(b)    The veto shall be communicated by the city mayor to the sanggunian within ten (10) days; otherwise, the ordinance shall be deemed approved as if he had signed it.   

Sec. 16.    Veto Power of the City Mayor. — (a) The city mayor may veto any ordinance of the sangguniang panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons thereof in writing.

(b)    The city mayor shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan, any public investment program or an ordinance directing the payment of money or creating liability. In such case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sangguniang panlungsod overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed enacted.   

(c)    The city mayor may veto an ordinance or resolution only once. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the city mayor.

Sec. 17.    Review of City Ordinances by the Sangguniang Panlalawigan. — (a) Within three (3) days after approval, the secretary to the sangguniang panlungsod shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils.

(b)    Within thirty (30) days after receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney or the provincial prosecutor for prompt examination. The provincial attorney or the provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of his comments or recommendations, which may be considered by the sangguniang panlalawigan in making its decision.

(c)    If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes and shall advise the corresponding city authorities of the action it has taken.

(d)    If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.

Sec. 18.    Review of Barangay Ordinances by the Sangguniang Panlungsod. — (a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod for review as to whether the ordinance is consistent with law and city ordinances.

(b)    If the sangguniang panlungsod fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved.

(c)    If the sangguniang panlungsod finds the barangay ordinances inconsistent with law or city ordinances, the sangguniang panlungsod shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.  

Sec. 19.    Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.

Sec. 20.    Effectivity of Ordinances or Resolutions. — (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the City Hall of Alaminos, and in at least two (2) other conspicuous places in the City of Alaminos.

(b)    The secretary of the sangguniang panlungsod shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the City Hall of Alaminos, and in at least two (2) conspicuous places in the City of Alaminos not later than five (5) days after approval thereof.  

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of the people in the City and the secretary of the sangguniang panlungsod shall record such fact in a book kept for the purpose stating the dates of approval and posting.

(c)    The main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the City. In the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation. The gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation.   

ARTICLE VI
Disqualifications and Succession for Elective City Officials


Sec. 21.    Disqualifications for Elective City Officials. — The following persons are not qualified from running for any elective position in the City:

(a)    Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence;

(b)    Those removed from office as a result of an administrative case;

(c)    Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines;

(d)    Those with dual citizenship;

(e)    Fugitives from justice in criminal or nonpolitical cases here and abroad;

(f)    Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code of 1991; and

(g)    The insane or feeble-minded.


Sec. 22.    Permanent Vacancy in the Office of the City Mayor and City Vice Mayor. — (a) If a permanent vacancy occurs in the office of the city mayor, the city vice mayor concerned shall become the city mayor. If the vice mayor refuses to assume the position of city mayor the highest ranking sangguniang panlungsod member shall become the city mayor. If a permanent vacancy occurs in the office of the city vice mayor, the highest ranking sangguniang panlungsod member or, in case of his permanent incapacity, the second highest ranking sangguniang panlungsod member shall become the city mayor or city vice mayor, as the case may be. Subsequent vacancies in said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein.   

(b)    A tie between or among the highest ranking sangguniang panlungsod members shall be resolved by drawing of lots.

(c)    The successors as defined herein shall serve only the unexpired terms of their predecessors.

For purposes of this Act, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his office.

For purposes of succession as provided in this Act, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election. 

Sec. 23.    Permanent Vacancies in the Sanggunian. — (a) Permanent vacancies in the sangguniang panlungsod where automatic succession as provided above does not apply shall be filled by appointments in the following manner:

(1)    The provincial governor shall make the aforesaid appointments;

(2)    Only the nominee of the political party under which the sanggunian member concerned had been elected shall be appointed in the manner herein provided. The appointee shall come from the political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. In the appointment herein mentioned, a nomination and a certification of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefor.  

(3)    In case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the city mayor shall, upon recommendation of the sangguniang panlungsod, appoint a qualified person to the vacancy; and

(4)    In case of vacancy in the representation of the youth and the barangay in the sangguniang panlungsod, said vacancy shall be filled automatically by the official next in rank of the organization concerned.

Sec. 24.    Temporary Vacancy in the Office of the City Mayor. — (a) When the city mayor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad and suspension from office, the city vice mayor shall automatically exercise the powers and perform the duties and functions of the city mayor, except the power to appoint, suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

(b)    Said temporary incapacity shall terminate upon submission to the sangguniang panlungsod of a written declaration by the city mayor that he has reported back to office. In case where the temporary incapacity is due to legal cause, the city mayor shall also submit necessary documents showing the said legal cause no longer exists.   

(c)    When the city mayor is traveling within the country but outside territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of his office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the city mayor except the power to appoint, suspend or dismiss employees.

(d)    In the event, however,that the city mayor fails or refuses to issue such authorization, the city vice mayor shall have the right to assume the powers, duties and functions of the said office on the fourth day of absence of the city mayor, subject to the limitations provided in subSec. (c) hereof.

(e)    Except as provided above, the city mayor shall in no case authorize any local official to assume the powers, duties and functions of the office, other than the city vice mayor or the highest ranking sangguniang panlungsod member, as the case may be.   

ARTICLE VII
The Appointive Officials Of The City: Their Qualifications, Powers And Duties


Sec. 25.    The Secretary of the Sangguniang Panlungsod. — (a) There shall be a secretary of the sangguniang panlungsod who shall be a career official with the rank and salary equal to a head of a department or office.

(b)    No person shall be appointed secretary to the sangguniang panlungsod unless he is a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a master's degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.

(c)    The secretary of the sangguniang panlungsod shall receive such compensation, emoluments and allowances as may be determined by law.

(d)    The secretary to the sangguniang panlungsod shall take charge of the office of the sangguniang panlungsod, and shall:

(1)    Attend meetings of the sangguniang panlungsod and keep a journal of its proceedings;

(2)    Keep the seal of the City and affix the same with his signature to all ordinances, resolutions, and other official acts of the sangguniang panlungsod and present the same to the presiding officer for his signature;   

(3)    Forward to the city mayor, for approval, copies of ordinances enacted by the sangguniang panlungsod duly certified by the presiding officer;

(4)    Forward to the Department of Budget and Management (DBM) copies of the appropriation ordinances passed by the sangguniang panlungsod as provided for under Sec. 326, Book II of the Local Government Code of 1991;

(5)    Forward to the sangguniang panlalawigan copies of duly approved ordinances in the manner provided in Sec.s 56 and 57 under Book I of the Local Government Code of 1991;

(6)    Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the city treasurer of such fees as may be prescribed by ordinance;

(7)    Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the sangguniang panlungsod, with the dates of passage and publication thereof;

(8)    Keep his office and all nonconfidential records therein open to the public during usual business hours;

(9)    Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval and cause the publication of the same together with the original version in the manner provided under the Local Government Code of 1991;

(10)    Take custody of the local archives and where applicable, the local library and annually account for the same; and

(11)    Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position.

Sec. 26.    The City Treasurer. — (a) The city treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to the civil service law, rules and regulations.

(b)    The city treasurer shall be under the administrative supervision of the city mayor, to whom he shall report regularly on the tax collection efforts of the City.

(c)    No person shall be appointed treasurer unless he is a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in treasury or accounting service for at least five (5) years.   

(d)    The city treasurer shall receive such compensation, emoluments and allowances as may be determined by law.

(e)    The city treasurer shall take charge of the city treasury office and shall:

(1)    Advise the city mayor, the sangguniang panlungsod and other local government and national officials concerned regarding disposition of local government funds and on such other matters relative to public finance;   

(2)    Take custody and exercise proper management of the funds of the City;

(3)    Take charge of the disbursement of all funds of the City and such other funds the custody of which may be entrusted to him by law or other competent authority;

(4)    Inspect private commercial and industrial establishments within the jurisdiction of the City in relation to the implementation of tax ordinances pursuant to the provisions of the Local Government Code of 1991;

(5)    Maintain and update the tax information system of the City; and

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Sec. 27.    The Assistant City Treasurer. — (a) The assistant city treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.

(b)    No person shall be appointed assistant city treasury unless he is a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree, preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired at least three (3) years experience in treasury or accounting.   

(c)    The assistant city treasurer shall receive such compensation, emoluments and allowances as may be determined by law.

(d)    The assistant city treasurer shall assist the city treasure and perform such other duties as the latter may assign him. He shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real property tax and concerning official matters relating to the accounts of the city treasurer or otherwise arising from the offices of the city treasurer and the city assessor.  

Sec. 28.    The City Assessor. — (a) The city assessor must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in real property assessment work or in any related field for at least five (5) years immediately preceding the date of his appointment.

(b)    The city assessor shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city assessor shall take charge of the city assessor's office, and shall:

(1)    Ensure that all laws and policies governing the appraisal and assessment of real properties for taxation purposes are properly executed;

(2)    Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in the evaluation and assessment of real properties for taxation purposes;   

(3)    Establish a systematic method of real property assessment;

(4)    Install and maintain real property identification and accounting systems;

(5)    Prepare, install and maintain a system of tax mapping, showing graphically all properties subject to assessment and gather all data concerning the same;

(6)    Conduct frequent physical surveys to verify and determine whether all real properties within the City are properly listed in the assessment rolls:

(7)    Exercise the functions of appraisal and assessment primarily for taxation purposes of all real properties in the City;

(8)    Prepare a schedule of the fair market value of the different classes of real properties in accordance with the provisions of the Local Government Code of 1991;

(9)    Issue upon request of any interested party, certified copies of assessment records of real properties and all other records relative to its assessment upon payment of a service charge or fee to the city treasurer:

(10)    Submit every semester a report of all assessments as well as cancellations and modifications of assessments to the city mayor and the sangguniang panlungsod; and

(11)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   


Sec. 29.    The Assistant City Assessor. — (a) The assistant city assessor must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce or any related course from a recognized college or university. and a first grade civil service eligible or its equivalent. He must have acquired experience in assessment or in any related field for at least three (3) years immediately preceding the date of his appointment.

(b)    The assistant city assessor shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The assistant city assessor shall assist the city assessor and perform such other duties as the latter may assign to him. He shall have the authority to administer oaths and all declarations of real property for purposes of assessment.

Sec. 30.    The City Accountant. — (a) The city accountant must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, and a certified public accountant. He must have acquired experience in the treasury or accounting service for at least five (5) years immediately preceding the date of his appointment.

(b)    The city accountant shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city accountant shall take charge of both the office of the accounting and internal audit services, and shall:

(1)    Install and maintain an internal audit system in the City;

(2)    Prepare and submit financial statements to the city mayor and to the sangguniang panlungsod;

(3)    Apprise the sangguniang panlungsod and other officials on the financial condition and operations of the City;

(4)    Certify the availability of budgetary allotment to which expenditures and obligations may be properly charged;

(5)    Review supporting documents before preparation of vouchers to determine the completeness of requirements;

(6)    Prepare statements of cash advances, liquidations, salaries, allowances, reimbursements and remittances pertaining to the City;

(7)    Prepare statements of journal vouchers and liquidation of the same and other adjustments related thereto;

(8)    Post individual disbursements to the subsidiary ledger and index cards;

(9)    Maintain individual ledgers for officials and employees of the City pertaining to payrolls and deductions;

(10)    Record and post in index cards details of purchased furniture, fixtures and equipment, including disposal thereof, if any;

(11)    Account for all issued requests for obligations and maintain and keep all records and reports related thereto;

(12)    Prepare journals and the analyses of obligations and maintain and keep all records and reports related thereto; and

(13)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991 and those that are prescribed by law or ordinance.   


Sec. 31.    The City Budget Officer. — (a) The city budget officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in accounting, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in government budgeting or in any related field for at least. five (5) years immediately preceding the date of his appointment.   

(b)    The city budget officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city budget officer shall take charge of the city budget office and shall:

(1)    Prepare forms, orders and circulars embodying instructions on budgetary and appropriation matters for the signature of the city mayor;

(2)    Review and consolidate the budget proposals of different departments and offices of the City;

(3)    Assist the city mayor in the preparation of the budget and during budget hearings;

(4)    Study and evaluate budgetary implications of proposed legislation and submit comments and recommendations thereon;

(5)    Submit periodic budgetary reports to the Department of Budget and Management;

(6)    Coordinate with the city treasurer, the city accountant and the city planning and development coordinator for the purpose of budgeting;

(7)    Assist the sangguniang panlungsod in reviewing the approved budgets of component local government units;

(8)    Coordinate with the city planning and development coordinator in the formulation of the development plan of the City; and

(9)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   


Sec. 32.    The City Planning and Development Coordinator. — (a) The city planning and development coordinator must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in urban planning. development studies, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in development planning or in any related field for at least five (5) years immediately preceding the date of his appointment.

(b)    The city planning and development coordinator shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city planning and development coordinator shall take charge of the city planning and development coordinating office, and shall:

(1)    Formulate integrated economic, social, physical and other development plans and policies for consideration of the City;

(2)    Conduct continuing studies, researches and training programs necessary to evolve plans and programs for implementation;

(3)    Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups or agencies;

(4)    Monitor and evaluate the implementation of the different development programs, projects and activities in the City in accordance with the approved development plan;

(5)    Prepare comprehensive plans and other development planning documents for the consideration of the local development council;

(6)    Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and policies for consideration of the finance committee of the City as provided for under the Local Government Code of 1991;

(7)    Promote people's participation in the development planning within the City;

(8)    Exercise supervision and control over the secretariat of the Local Development council; and

(9)    Perform such other functions and duties and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 33.    The City Engineer. — (a) The city engineer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character and a licensed civil engineer. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment.

(b)    The city engineer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city engineer shall take charge of the city engineering office, and shall:

(1)    Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in infrastructure development and public works in general of the City;   

(2)    Advise the city mayor on infrastructure, public works and other engineering matters;

(3)    Administer, coordinate, supervise and control the construction, maintenance, improvement and repair of roads, bridges, other engineering and public works projects of the City;

(4)    Provide engineering services to the City, including investigation and survey, engineering designs, feasibility studies and project management; and

(5)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Sec. 34.    The City Health Officer. — (a) The city health officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, and a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment.

(b)    The city health officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city health officer shall take charge of the office of the city health services, and shall:

(1)    Supervise the personnel and staff of said office, formulate program implementation guidelines and rules and regulations for the operation of the said office for the approval of the city mayor in order to assist him in the efficient, effective and economical implementation of health service program geared to implement health-related projects and activities;   

(2)    Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out activities to ensure the delivery of basic services and provision of adequate facilities relative to health services provided under Sec. 17 of the Local Government Code of 1991;

(3)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with health programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;

(4)    In addition to the foregoing duties and functions, the city health officer shall:

(a)    Formulate and implement policies, plans and projects to promote the health of the people in the City;

(b)    Advise the city mayor and the sangguniang panlungsod on matters pertaining to health;

(c)    Execute and enforce all laws, ordinances and regulations relating to public health;   

(d)    Recommend to the sangguniang panlungsod through the Local Health Board the passage of such ordinances as he may deem necessary for the preservation of public health;

(e)    Recommend the prosecution of any violation of sanitary laws, ordinances or regulations;

(f)    Direct the sanitary inspection of all business establishments selling food items or providing accommodation such as hotels, motels, lodging houses, pension houses, and the like, in accordance with the Sanitation Code;

(g)    Conduct health information campaigns and render health intelligence services; and

(h)    Coordinate with other government agencies and nongovernmental organizations involved in the promotion and delivery of health services.

(5)    Be in the frontline of the delivery of health services, particularly during and in the aftermath of man made and natural disasters and calamities; and

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 35.    The City Civil Registrar. — (a) The city civil registrar must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in civil registry work for at least five (5) years immediately preceding the date of his appointment.

(b)    The city civil registrar shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city civil registrar shall be responsible for the civil registration program in the City of Alaminos, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations issued to implement them.

(d)    The city civil registrar shall take charge of the office of the city civil registry, and shall:

(1)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the management and administration-related programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide for under the Local Government Code of 1991;

(2)    In addition to the foregoing duties and functions, the civil registrar shall:

(a)    Accept all registrable documents and judicial decrees affecting the civil status of persons;

(b)    File, keep and preserve in a secure place the books required by law;

(c)    Transcribe and enter immediately upon receipt all registrable documents and judicial decrees affecting the civil status of persons in the appropriate civil registry books;

(d)    Transmit to the Office of the Civil Registrar-General, within the prescribed period, duplicate copies of registered documents required by law;   

(e)    Issue certified transcripts or copies of any certificate or registered documents upon payment of the required fees to the treasurer;

(f)    Receive applications for the issuance of a marriage license and, after determining that the requirements and supporting certificates and publication thereof for the prescribed period have been complied with, issue the license upon payment of the authorized fee to the treasurer; and

(g)    Coordinate with the National Statistics Office in conducting educational campaigns for vital registration and assist in the preparation of demographic and other statistics for the City of Alaminos.

(3)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 36.    The City Administration. — (a) The city administrator must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in public administration, law, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administrative work for at least five (5) years immediately preceding the date of his appointment.

(b)    The term of administrator is coterminous with that of his appointing authority.

(c)    The city administrator shall take charge of the city administrator's office, and shall:

(1)    Develop plans and strategies and upon approval thereof by the city mayor, implement the same particularly those which have to do with the management and administration-related programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide for under the Local Government Code of 1991;

(2)    In addition to the foregoing duties and functions, the city administrator shall:

(a)    Assist in the coordination of the work of all the officials of the City under the supervision, direction and control of the city mayor, and for this purpose, he may convene the chiefs of offices and other officials of the City:

(b)    Establish and maintain a sound personnel program for the City designed to promote career development and uphold the merit principle in the local government service; and

(c)    Conduct a continuing organizational development of the City with the end in view of instituting effective administrative reforms.

(3)    Be in the frontline of the delivery of administrative support services particularly those related to the situation during and in the aftermath of man-made and natural disasters and calamities.

(4)    Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to the management and administration of the City; and

(5)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 37.    The City Legal Officer. — (a) The city legal officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.

(b)    The term of the legal officer shall be coterminous with that of his appointing authority.

(c)    The city legal officer shall receive such compensation, emoluments and allowances as may be determined by law.

(d)    The city legal officer, the chief legal counsel of the City, shall take charge of the office of the city legal service, and shall:

(1)    Formulate measures for the consideration of the sangguniang panlungsod and provide legal assistance and support to the city mayor in carrying out the delivery of basic services and provision of adequate facilities;

(2)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with programs and projects related to legal services which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;

(3)    In addition to the foregoing duties and functions, the city legal officer shall:

(a)    Represent the City in all civil actions and special proceedings wherein the City or any official thereof, in his official capacity, is a party: Provided,that, in actions or proceedings where the City is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party;   

(b)    When required by the city mayor or sanggunian, draft ordinances, contracts, bonds, leases and other instruments involving any interest of the City and provide comments and recommendations on any instruments already drawn;

(c)    Render his opinion in writing on any question of law when requested to do so by the city mayor or sanggunian;

(d)    Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office and recommend the appropriate action to the city mayor or sanggunian, as the case may be;

(e)    When directed by the city mayor or sanggunian, initiate and prosecute in the interest of the City, any civil action on any bond, lease or other contract upon any breach or violation thereof; and

(f)    Review and submit recommendations on ordinances approved and executive orders issued by component units;

(4)    Recommend measures to the sangguniang panlungsod and advise the city mayor on all matters related to upholding the rule of law:

(5)    Be in the frontline of protecting human rights and prosecuting any violations thereof, particularly those which occur during and in the aftermath of man-made or natural disasters and calamities; and

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government. Code of 1991 and those that are prescribed by law or ordinance.   

Sec. 38.    The City Social Welfare and Development Officer. — (a) The city social welfare and development officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a duly licensed social worker or a holder of a college degree preferably in sociology, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in the practice of social work for at least five (5) years immediately preceding the date of his appointment.

(b)    The city social welfare and development officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city social welfare and development officer shall take charge of the office of social welfare and development, and shall:

(1)    Formulate measures for the approval of the sanggunian panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure delivery of basic services and provisions of adequate facilities relative to social welfare and development services;   

(2)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same particularly those which have to do with social welfare programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)    Be in the frontline of the delivery of services particularly those which have to do with immediate relief and assistance during and in the aftermath of man-made and natural disasters and calamities;

(4)    Recommend to the sangguniang panlungsod and advise the city mayor on all other matters related to social welfare and development services which will improve the livelihood and living conditions of the inhabitants; and

(5)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 39.    The City Veterinarian. — (a) The city veterinarian must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, and a licensed doctor of veterinary medicine. He must have practiced his profession for at least three (3) years immediately preceding the date of his appointment.

(b)    The city veterinarian shall receive such compensation emoluments and allowances as may be determined by law.

(c)    The city veterinarian shall take charge of the office of veterinary services, and shall:

(1)    Formulate measures for consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities;

(2)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with veterinary-related activities which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)    In addition to the foregoing duties and functions, the city veterinarian shall:

(a)    Advise the city mayor on all matters pertaining to the slaughter of animals for human consumption and the regulation of slaughterhouses;

(b)    Regulate the keeping of domestic animals;

(c)    Regulate and inspect poultry, milk and dairy products for public consumption;

(d)    Enforce all laws and regulations for the prevention of cruelty of animals; and

(e)    Take the necessary measures to eradicate, prevent or cure all forms of animal diseases.

(4)    Be in the frontline of veterinary-related activities, such as the outbreaks of highly contagious and deadly diseases and in situations resulting in the depletion of animals for work and in human consumption, particularly those arising from and in the aftermath of man-made and natural disasters and calamities:

(5)    Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to veterinary services which will increase the number and improve the quality of livestock poultry and other domestic animals used for work or human consumption; and

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 40.    The City General Services Officer. — (a) The city general services officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree in public administration, business administration or management from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in general services, including management of supply, solid waste disposal and general sanitation for at least five (5) years immediately preceding the date of his appointment.

(b)    The city general services officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city general services officer shall take charge of the office of the general services, and shall:

(1)    Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities which require general services expertise and technical support services;

(2)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same particularly those which have to do with the general services supportive of the welfare of the inhabitants of the City which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;   

(3)    In addition to the foregoing duties and functions, the city general services officer shall:

(a)    Take custody of and be accountable for all properties, real or personal, owned by the City, and those granted to it in the form of donation, reparation, assistance and counterpart of joint projects;

(b)    With the approval of the city mayor, assign building or land space to local officials or other public officials, who by law, are entitled to space;

(c)    Recommend to the city mayor the reasonable rental rates for local government properties, whether real or personal, which will be leased to public or private entities by the local government..

(d)    Recommend to the city mayor reasonable rental rates of private properties which may be leased for the official use of the City;   

(e)    Maintain and supervise janitorial, security, landscaping and other related services in all local government public buildings and other real property, whether owned or leased by the City;

(f)    Collate and disseminate information regarding prices, shipping and other costs of supplies and other items commonly used by the City;

(g)    Perform archival and record management with respect to records of offices and departments of the City; and

(h)    Perform all other functions pertaining to supply and property management heretofore performed by the local government treasurer and enforce policies on records creation, maintenance and disposal.

(4)    Be in the frontline of general services-related activities, such as the possible and imminent destruction or damage to records, supplies, properties, and structure materials or debris, particularly during and in the aftermath of man-made and natural disasters and calamities.

(5)    Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to general services; and

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 41.    The City Environment and Natural Resources Officer. — (a) The city environment and natural resources officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in the environment and natural resources management, conservation and utilization work for at least five (5) years immediately preceding the date of his appointment.

(b)    The city environment and natural resources officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city environment and natural resources officer shall take charge of the office of the environment and natural resources, and shall:

(1)    Formulate measures for the consideration of the sangguniang panlungsod and to provide assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to environment and natural resources services as provided for under Sec. 17 of the Local Government Code of 1991;

(2)    Develop plans and strategies and, upon approval thereof by the city mayor implement the same, particularly those which have to do with environment and natural resources programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;

(3)    In addition to the foregoing duties and functions, the city environment and natural resources officer shall:

(a)    Establish, maintain protect and preserve communal forests, watersheds, tree parks, mangroves, greenbelts, commercial forests and similar forest projects like industrial tree farms and agro-forestry projects;

(b)    Provide extension services to beneficiaries of forest development projects and render assistance for natural resources-related conservation and utilization activities consistent with ecological balance:   

(c)    Promote the small-scale mining and utilization of mineral resources, particularly mining of gold; and

(d)    Coordinate with government agencies and nongovernmental organizations in the implementation of measures to prevent and control land, air and water pollution with the assistance of the Department of Environment and Natural Resources;

(4)    Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural disasters and calamities;

(5)    Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology and other matters related to the environment and natural resources; and

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 42.    The City Architect. — (a) The city architect, must, be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, and a duly licensed architect. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.

(b)    The city architect shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city architect shall take charge of the office on the architectural planning and design, and shall:

(1)    Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to architectural planning and design;

(2)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with architectural planning and design programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local
Government Code of 1991;

(3)    In addition to the foregoing duties and functions, the architect shall:

(a)    Prepare and recommend for consideration of the sanggunian the architectural plan and design for the City or a part thereof, including the renewal of slums and blighted areas, land reclamation activities, the greening of land, and appropriate planning of marine and foreshore areas.

(b)    Review and recommend for appropriate action of the sanggunian or mayor as the case may be, the architectural plans and design submitted by governmental and nongovernmental entities or individuals, particularly those for undeveloped, underdeveloped and poorly designed areas; and

(c)    Coordinate with government and nongovernment entities and individuals involved in the aesthetics and the maximum utilization of the land and water within the jurisdiction of the City, compatible with environmental integrity and ecological balance.

(4)    Be in the frontline of the delivery of services involving architectural planning and design, particularly those related to the redesigning of spatial distribution of basic facilities and physical structures during and in the aftermath of man-made and natural disasters and calamities;

(5)    Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to architectural planning and design as it relates to the total socioeconomic development of the City; and

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

Sec. 43.    The City Information Officer. — (a) The city information officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in journalism, mass communications, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in writing articles and research papers, or writing for print, television or broadcast media for at least five (5) years immediately preceding the date of his appointment.

(b)    The city information officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city information officer shall take charge of the office on public information, and shall:

(1)    Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in providing the information and research data required for the delivery of basic services and provision of adequate facilities so that the public becomes aware of said services and may fully avail of the same;   

(2)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same particularly those which have to do with public information and research data to support programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)    In addition to the foregoing duties and functions, the city information officer shall:

(a)    Provide relevant, adequate and timely information to the City and its residents:

(b)    Furnish information and data on the City to government agencies or offices as may be required by law or ordinance; and nongovernmental organizations to be furnished to said agencies and organizations: and

(c)    Maintain effective liaison with the various sectors of the community on matters and issues that affect the livelihood and the quality of life of the inhabitants and encourage support for programs of the local and national government.

(4)    Be in the frontline in providing information during and in the aftermath of man-made and natural disasters and calamities with special attention to the victims thereof, to help minimize injuries and casualties during and after the emergency, and to accelerate relief and rehabilitation:

(5)    Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to public information and research data as it relates to the total socioeconomic development of the City: and   

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Sec. 44.    The City Cooperatives Officer. — (a) The city cooperatives officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in business administration with special training on cooperatives or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience on cooperatives development for at least five (5) years immediately preceding the date of his appointment.   

(b)    The city cooperatives officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city cooperatives officer shall take charge of the office for the development of cooperatives and shall:

(1)    Formulate measures for consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of facilities through the development of cooperatives, and in providing access to such services and facilities:

(2)    Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of cooperatives principles and methods in programs which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide for under the Local Government Code of 1991:

(3)    In addition to the foregoing duties and functions, the city cooperatives officer shall:

(a)    Assist in the organization of cooperatives;

(b)    Provide technical and other forms of assistance to existing cooperatives to enhance their viability as an economic enterprise and social organization; and

(c)    Assist cooperatives in establishing linkages with government agencies and nongovernment organizations involved in the promotion and integration of the concept of cooperatives in the livelihood of the people and other community activities.

(4)    Be in the frontline of cooperative organization, rehabilitation or viability enhancement, particularly during and in the aftermath of man-made and natural disasters and calamities, to aid in their survival and if necessary, subsequent rehabilitation;

(5)    Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to cooperatives development, and viability enhancement which will improve the livelihood and quality of life of the inhabitants; and   

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Sec. 45.    The City Population Officer. — (a) The city population officer must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably with specialized training in population development from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in the implementation of programs or population development or responsible parenthood for at least five (5) years immediately preceding the date of his appointment.   

(b)    The city population officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city population officer shall take charge of the office of the population development, and shall:

(1)    Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provisions of adequate facilities relative to the integration of the population development principles and in providing access to said services and facilities:

(2)    Develop plans and strategies and upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of population development principles and methods in program and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; and

(3)    In addition to the foregoing duties and functions, the population officer shall:

(a)    Assist the city mayor in the implementation of the constitutional provisions relative to population development and the promotion of responsible parenthood;

(b)    Establish and maintain an updated data bank for program operations, development planning and an educational program to ensure the people's participation in and understanding of population development: and

(c)    Implement appropriate training programs responsive to the cultural heritage of the inhabitants.   

(4)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Sec. 46.    The City Agriculturist. — (a) The city agriculturist must be a citizen of the Philippines, a resident of the City of Alaminos, of good moral character, a holder of a college degree preferably in agriculture or any other related course from a recognized college or university and a first grade civil service eligible or its equivalent. He must have practiced his profession in agriculture or acquired the experience in a related field for at least five (5) years immediately preceding the date of his appointment.   

(b)    The city agriculturist shall receive such compensation, emoluments and allowances as may be determined by law.

(c)    The city agriculturist shall take charge of the office for the agricultural services, and shall:

(1)    Formulate measures for the approval of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to agricultural services;

(2)    Develop plans and strategies and upon approval thereof by the city mayor, implement the same, particularly those which have to do with agricultural programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide:

(3)     In addition to the foregoing duties and functions the city agriculturist,. shall:

(a)    Ensure that, maximum assistance and access to resources in the production, processing and marketing of agricultural and aquacultural and marine products are extended to farmers, fishermen and local entrepreneurs;

(b)    Conduct, or cause to be conducted location-specific agricultural researches and assist in making available the appropriate technology arising out of and disseminating information on basic research on crops, prevention and control of plant, diseases and pests, and other agricultural matters which will maximize productivity:   

(c)    Assist the city mayor in the establishment and extension services of demonstration farms or aquaculture and marine products:

(d)    Enforce rules and regulations relating to agriculture and aquaculture: and

(e)    Coordinate with government agencies and nongovernmental organizations which promote agricultural productivity through appropriate technology compatible with environmental integrity.

(4)    Be in the frontline of the delivery of basic agricultural services, particularly those needed for the survival of the inhabitants during and in the aftermath of man-made and natural disasters and calamities

(5)    Recommend to the sangguniang panlungsod and advise the city mayor on all other matters related to agriculture and aquaculture which will improve the livelihood and living conditions of the inhabitants: and

(6)    Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.   

ARTICLE VIII
The City Fire Station Service, The City Jail Service, The City School Division and The City Prosecution Service

Sec. 47.    The City Fire Station Service. — (a) There shall be established in the City at least one (1) fire station with adequate personnel, fire fighting facilities and equipment, subject to the standards, rules and regulations that may be promulgated by the Department of the Interior and Local Government. The City shall provide the necessary land or site of the station.

(b)    The city fire station service shall be headed by a city fire marshal whose qualifications shall be as those provided for under Republic Act No. 6975, otherwise known as the Philippine National Police Law.

(c)    The city fire station shall be responsible for the protection and various emergency services such as rescue and evacuation of injured people at fire-related incidents and, in general fire prevention and suppression measures to secure the safety of life and property of the citizenry.   

Sec. 48.    The City Jail Service. — (a) There shall be established and maintained in the City a secured, clean. adequately equipped and sanitary jail for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical health officer, pending the transfer to a mental institution.

(b)    The city jail service shall be headed by a city jail warden who must be a graduate of a four (4)-year course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to.   

Sec. 49.    The City School Division. — (a) The Department of Education, Culture and Sports shall establish and maintain a school division of the City of Alaminos whose area of jurisdiction will cover all the school districts within the City; and

(b)    The city school division shall be headed by a division superintendent who must possess the necessary qualifications required by the Department of Education, Culture and Sports.

Sec. 50.    The City Prosecution Service. — (a) There shall be established in the City a prosecution service to be headed by a city prosecutor and such number of assistant prosecutors as may be necessary, who shall be organizationally part of the Department of Justice, and under the supervision and control of the Secretary of Justice and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering prosecutors in the Department of Justice.

(b)    The city prosecutor shall handle the criminal prosecution in the municipal trial courts in the City as well as in the regional trial courts for criminal cases originating in the territory of the City, and shall render to or for the City such services as are required by law, ordinance or regulation of the Department of Justice.

(c)    The Secretary of Justice shall always assure the adequacy and quality of prosecution service in the City and for this purpose, shall, in the absence or lack or insufficiency in number of city assistant prosecutors as provided hereinabove designate from among the assistant provincial prosecutors a sufficient number to perform and discharge the functions of the city prosecution service as provided hereinabove.   

ARTICLE IX
Transitory and Final Provisions

Sec. 51.    Municipal Ordinances existing at the time of the Approval of this Act. — All municipal ordinances of the Municipality of Alaminos existing at the time of the approval of this Act shall continue to be in force within the City of Alaminos until the sangguniang panlungsod ordinance shall provide otherwise.   

Sec. 52.    Plebiscite. — The City of Alaminos shall acquire corporate existence upon the ratification of its creation by a majority of the votes cast by the qualified voters in a plebiscite to be conducted in the present Municipality of Alaminos within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Alaminos. The Commission on elections shall conduct and supervise such plebiscite.

Sec. 53.    Officials of the City of Alaminos. — The present elective officials of the Municipality of Alaminos shall continue to exercise their powers and functions until such a time that a new election is held and the duly elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the Municipality of Alaminos shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the City Government of Alaminos.

Sec. 54.    Succession Clause. — The City of Alaminos shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Alaminos.

Sec. 55.    Election of provincial Governor and Sangguniang panlalawigan Members of the Province of Pangasinan. — The qualified voters of the City of Alaminos shall qualify to vote and run for any elective position in the election for provincial governor, provincial vice governor, sangguniang panlalawigan members and other elective offices for the Province of Pangasinan.

Sec. 56.    Jurisdiction of the Province of Pangasinan. — The City of Alaminos shall, unless otherwise provided by law, continue to be under the jurisdiction of Pangasinan Province.

Sec. 57.    Suspension of Increase in rates of Local Taxes. — No increase in the rates of local taxes shall be imposed by the City within the period of five (5) years from its acquisition of corporate existence.

Sec. 58.    Representative District. — Until otherwise provided by law, the City of Alaminos shall continue to be a part of the First Congressional District of Pangasinan Province.

Sec. 59.    Applicability of Laws. — The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and such laws as are applicable to component cities shall govern the City of Alaminos insofar as they are not inconsistent with the provisions of this Act.

Sec. 60.    Separability Clause. — If any part of this Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.

Sec. 61.    Reservation. — Nothing herein contained shall preclude the determination by the appropriate agency or forum of boundary disputes or cases involving questions of territorial jurisdiction between the City of Alaminos and any of the adjoining local government units even after the effectivity of this Act.   

Sec. 62.    Repealing Clause. — All laws, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 63.    Effectivity. — This Act shall take effect upon its publication in at least two (2) newspapers of general and local circulation.

Approved: March 5, 2001


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