REPUBLIC ACT NO. 10160, April 10, 2012
AN ACT CONVERTING THE MUNICIPALITY OF BACOOR IN THE PROVINCE OF CAVITE INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF BACOOR
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Title. – This Act shall be known as the “Charter of the City of Bacoor”
SEC. 2. The City of Bacoor. –
The Municipality of Bacoor shall be converted into a component city to
be known as the City of Bacoor, hereinafter referred to as the City,
which shall comprise the present territory of the Municipality of Bacoor
in the Province of Cavite.
The foregoing provision shall be
without prejudice to the resolution by the appropriate agency or forum
of any boundary dispute or case involving questions of territorial
jurisdiction between the City of Bacoor and the adjoining local
government units: Provided, That the territorial jurisdiction of
the disputed area or areas shall remain with the local government unit
which has existing administrative supervision over said area or areas
until the final resolution of the case.
SEC. 3. Corporate Powers of the City.
– The City constitutes a political body corporate and as such is
endowed with the attributes of perpetual succession and possessed of the
powers which pertain to a municipal corporation to be exercised in
conformity with the provisions of this Charter. The City shall have the
following corporate powers:
(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;
(c) To have and use a corporate seal;
(d) To acquire hold and convey real or personal property;
(e) To enter into any contract and/or agreement; and
(f) To exercise such other powers, prerogatives or authority, subject to the limitations provided in this Act or laws.
SEC. 4. General Powers. – The City shall have a common seal and may alter the same at pleasure: Provided,
That any change of corporate Seal Shall be registered with the
Department of the Interior and Local Government (DILG). It shall
exercise the powers to levy taxes, fees and charges; 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 to be contracted with; to sue
and be sued; to prosecute and defend to final judgment and execution
suits wherein the City is involved or interested in; and to exercise all
the powers as are granted to corporations or as hereinafter conferred.
SEC. 5. Liability for Damages. – The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.
SEC. 6. Jurisdiction of the City.
– The jurisdiction of the City, for police purposes only, shall be
coextensive with its territorial jurisdiction and, for the purpose of
protecting and ensuring the purity of the water supply of the City, such
police jurisdiction shall also extend over all the territory within the
drainage area of such water supply, or within one hundred meters (100
m.) of any reservoir, conduit, canal, aqueduct or pumping station used
in connection with the city water service.
The city court of the
City of Bacoor shall have concurrent jurisdiction with the city or
municipal court of the adjoining municipalities or cities, to try crimes
and misdemeanors committed within said drainage area or within said
spaces of one hundred meters (100 m.).
The court first taking
cognizance of such an offense shall have jurisdiction to try cases to
the exclusion of others. The police forces of several municipalities and
cities concerned shall have concurrent jurisdiction with the police
forces of the City for the maintenance of good order and the enforcement
of ordinances throughout said zone, area or spaces. But any license
that may be issued within said zone, area or spaces shall be granted by
the proper authorities of the city or municipality concerned, and the
fees arising therefrom shall accrue to the treasury of the said city or
municipality concerned and not to the City.
ARTICLE II
CITY OFFICIALS IN GENERAL
SEC. 7. The Officials of the City of Bacoor.
– (a) There shall be in the City of Bacoor: a city mayor, a city vice
mayor, sangguniang panlungsod members, a secretary to the sangguniang
panlungsod, a city treasurer, a city assessor, a city accountant, a city
budget officer, a city planning and development officer, a city
engineer, a city health officer, a city civil registrar, a city
administrator, a city legal officer, a city social welfare and
development officer, a city veterinarian and a city general services
officer.
(b) In addition thereto, the city mayor may appoint a
city environment and natural resources officer, a city architect, a city
information officer, a city cooperatives officer, a city population
Officer and a city agriculturist.
(c) There shall be established
in the City a city fire station to be headed by a city fire marshal, a
city jail to be headed by a city jail warden, a city schools division to
be headed by a city schools division superintendent and a city
prosecution service to be headed by a city prosecutor.
(d) The sangguniang panlungsod may:
(1) Maintain existing offices not mentioned in subsections (a), (b) and (c) hereof;
(2) Create such other offices as may be necessary to carry out the purposes of the City; or
(3) Consolidate the functions of any office with those of another in the interest of efficiency and economy.
(e)
Unless otherwise provided herein, heads of departments and offices
shall be appointed by the city mayor with the concurrence of the
majority of all the 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.
(f)
Elective and appointive city officials shall receive such compensation,
allowances and other emoluments as may be determined by law or
ordinance, subject to the budgetary limitations on personal services
prescribed under Title Five, Book II of the Local Government Code of
1991: Provided, That no increase in compensation of the city vice
mayor, city vice mayor and sangguniang panlungsod member shall take
effect until after the expiration of the full term of the said local
officials approving such increase.
ARTICLE III
THE CITY MAYOR AND THE CITY VICE MAYOR
SEC. 8. The City Mayor.
– (a) The city mayor shall be the chief executive of the City and shall
be elected at large by the qualified voters of the City. No person
shall be eligible for the position of city mayor unless he is a citizen
of the Philippines at the time of the election, one is at least
twenty-one (21) years of age, a resident of the City for at least one
(1) year prior to his election and a qualified voter therein, and able
to read and write Filipino or any other local language or dialect. The
city mayor shall hold office for three (3) years, unless sooner removed,
but shall serve for not more than three (3) consecutive terms in the
same position and shall receive a minimum monthly compensation
corresponding to Salary Grade Thirty (30) as prescribed under Republic
Act No. 6758, otherwise known as the “Compensation and Position
Classification Act of 1989?, and the implementing guidelines issued
pursuant thereto.
The city mayor, as the chief executive of the
city government, shall exercise such powers and perform such duties and
functions as provided herein:
(b) For efficient, effective and
economical governance, the purpose of which is the general welfare, of
the City and its inhabitants; the city mayor shall:
(1) Exercise
those powers expressly granted to him by law, those necessarily implied
therefrom, as well as powers necessary, appropriate or incidental for
the efficient and effective governance of the City, and those which are
essential to the promotion of the general welfare:
(i) Determine the guidelines of city policies and be responsible to the sangguniang panlungsod for the program of government;
(ii)
Direct the formulation of the city development plan with the assistance
of the city development council and, upon approval thereof by the
sangguniang panlungsod, implement the same;
(iii) Present the
program of government and propose policies and projects for the
consideration of the sangguniang panlungsod at the opening of the
regular session of the sangguniang panlungsod every calendar year and as
often as may be deemed necessary as the general welfare of the
inhabitants and the needs of the city government may require;
(iv)
Initiate and propose legislative measures to the sangguniang panlungsod
and, as often as may be deemed necessary, provide such information and
data needed or requested by said sanggunian in the performance of its
legislative functions;
(v) Appoint all officials and employees
whose salaries and wages are wholly of mainly paid out of city funds and
whose appointments are not otherwise provided for in this Act, as well
as those he may he authorized by law to appoint;
(vi) Represent
the City in all its business transactions and sign on its behalf all
bonds, contracts and obligations, and such other documents upon the
authority of the sangguniang panlungsod or pursuant to law of ordinance;
(vii)
Carry out such emergency measures as may be necessary during and in the
aftermath of man-made and natural disasters and calamities;
(viii)
Determine the time, manner and place of payment of salaries or wages of
the officials and employees of the City, in accordance with law or
ordinance;
(ix) Allocate and assign office space to the City and
other officials and employees who, bylaw or ordinance, are entitled to
such space in the city hall and other buildings owned or leased by the
city government;
(x) Ensure that all executive officials and
employees of the City faithfully discharge their duties and functions as
provided for by law and Republic Act No. 7160, as amended, otherwise
known as the Local Government Code of 1991, 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
official duties;
(xi) Examine the books, records and other
documents of all offices, officials, agents or employees of the City
and, in aid of executive powers and authority, require all national
officials and employees stationed in or assigned to the City to make
available such books, records and other documents in their custody,
except those classified by law as confidential;
(xii) Furnish
copies of executive orders issued by him to the provincial governor
within seventy-two (72) hours after their issuance;
(xiii) Visit
component barangays of the City at least once every six (6) months to
deepen understanding of the problems and conditions, listen and give
appropriate counsel to local officials and inhabitants, inform the
component barangay officials and inhabitants of general laws and
ordinances which especially concern them, and otherwise conduct visits
and inspections to ensure that the governance of the City will improve
the quality of life of the inhabitants;
(xiv) Act on leave
applications of officials and employees appointed and on the commutation
of the monetary value of their leave credits in accordance with law;
(xv)
Authorize official trips of city officials and employees outside of the
City for a period not exceeding thirty (30) days: Provided, That the
trips abroad or for a longer period may be authorized in accordance with
the Local Government Code of 1991;
(xvi) Call upon any national
official or employee stationed in or assigned to the City for advice on
matters affecting the City and to make recommendations thereon;
coordinate with the said officials and employees in the formulation and
the 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 official duties while stationed in of
assigned to the City;
(xvii) Authorize payment for medical care,
necessary transportation, subsistence, hospital or medical fees of city
officials and employees who are injured while in the performance of
their official duties and functions, subject to the availability of
funds;
(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding;
(xix)
Conduct an annual palarong panlungsod which shall feature traditional
sports and disciplines included in national and international games, in
coordination with the Department of Education (DepED); and
(xx)
Submit to the provincial governor the following reports: an annual
report containing a summary of all matters pertinent to the management,
administration and development of the City and all information and data
relative to its political, social and economic conditions; and
supplemental reports when unexpected events and situations arise at any
time during the year, particularly when man-made and natural disasters
or calamities affect the general Welfare of the City;
(2) Enforce
all laws and ordinances relative to the governance of the City and in
the exercise of its appropriate corporate powers, as well as implement
all approved policies, programs, projects, services and activities of
the City; and, in addition, shall:
(i) Ensure that the acts of
the City’s component barangays and of its officials and employees are
within the scope of their prescribed powers, duties and functions;
(ii)
Call conventions, conferences, seminars or meetings of elective and
appointive officials of the City, including national officials and
employees stationed in or assigned to the City, at such time and place
and on such subject as may be deemed important for the promotion of the
general welfare of the local government unit and its inhabitants;
(iii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;
(iv) Be entitled to carry the necessary firearms within the territorial jurisdiction;
(v)
Act as the deputized representative of the National Police Commission,
formulate the peace and order plan of the City and, upon its approval,
implement the same, and as such, exercise general and Operational
control and supervision over police forces in the City in accordance
with Republic Act No. 6975, otherwise known as the ”Department of the
Interior and Local Government Act of 1990?; and
(vi) Call upon
the law enforcement agencies to suppress disorder, riot, lawless
violence, rebellion, 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 those resources and revenues programmed for
agro-industrial development and countryside growth and progress and,
relative thereto, shall:
(i) Require each head of an office or
department to prepare and submit an estimate of appropriations for the
ensuing calendar year, in accordance with the budget preparation process
enshrined under the Local Government Code of 1991;
(ii) Prepare
and submit to the sanggunian for approval the executive and supplemental
budgets of the City for the ensuing calendar year in the manner
provided for under the Local Government Code of 1991;
(iii)
Ensure that all taxes and other revenues of the City are collected and
that city funds are applied to the payment of expenses and the
settlement of obligations of the City, in accordance with law or
ordinance;
(iv) Issue licenses and permits and suspend or revoke
the same for any violation of the conditions upon which said licenses or
permits had been issued, pursuant to law or ordinance;
(v) Issue
permits, without need of approval therefore from any national agency,
for the holding of activities for any charitable or welfare purpose,
excluding prohibited games of chance or shows contrary to law, public
policy and public morals;
(vi) Require owners of illegally
constructed houses, buildings or other structures to obtain the
necessary permits, 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 houses, buildings or structures
within the period prescribed by law or ordinance;
(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the City;
(viii)
Provide efficient and effective property and supply management in the
City and protect the funds, credits, rights arid other properties of the
City; and
(ix) Institute or cause to be instituted
administrative or judicial proceedings for violation of ordinances in
the collection of taxes, fees and charges; and for the recovery of funds
and property; and cause the City to he 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, shall:
(i)
Ensure that the construction and repair of roads and highways funded by
the national government shall be, as far as practicable, carried out in
a spatially contiguous manner arid in coordination with the
construction and repair of the roads and bridges of the City; and
(ii)
Coordinate the implementation of technical services, including public
works and infrastructure programs, rendered by national offices; and
(5)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
(c) During his incumbency, the city mayor shall hold office in the city hall.
SEC. 9. The City Vice Mayor.
– (a) There shall be a city vice mayor who shall be elected in the same
manner as the city mayor and shall, at the time of the election,
possess the same qualifications as the city mayor. The city vice mayor
shall hold office for three (3) years, unless sooner removed, but shall
serve for not more than three (3) consecutive terms in the same position
and shall receive a monthly compensation corresponding to Salary Grade
Twenty-six (26) as prescribed under the Salary Standardization Law and
the implementing guidelines issued pursuant thereto.
(b) The city vice mayor shall:
(1)
Be the presiding officer of the, sangguniang panlungsod and sign all
warrants drawn on the city treasury for all expenditures appropriated
for the operation of the sangguniang panlungsod;
(2) Subject to
civil service law, rules and regulations, appoint all officials and
employees of the sangguniang panlungsod, except those whose manner of
appointment is specifically provided for under existing laws;
(3) 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 case of temporary vacancy; and
(5)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
ARTICLE IV
THE SANGGUNIANG PANLUNGSOD
SEC. 10. Composition.
– (a) The sangguniang panlungsod, the legislative body of the City,
shall be composed of the city vice mayor as the presiding officer, the
twelve (12) 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 three (3) sectoral
representatives, as members, who shall come from the following sectors:
one (1) from the women sector; 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
sector; and one (1) from the other sectors, including urban poor,
indigenous cultural communities or persons with disabilities.
(b)
The regular members of the sangguniang panlungsod and sectoral
representatives shall be elected in the manner as may be provided by
law: Provided, That for purposes of representation in the
sangguniang panlungsod, six (6) regular members shall be elected from
each of the following districts by barangay, each district comprising a
compact, contiguous arid adjacent territory:
Bacoor West – Alima,
Aniban, Aniban II, Aniban III, Aniban IV, Aniban V, Banalo, Camposanto,
Daang Bukid, Digman; Dulong Bayan, Habay I, Habay II, Kaingin, Ligas I,
Ligas II, Ligas III, Mabolo I, Mabolo II, Mabolo III, Maliksi I,
Maliksi II, Maliksi III, Niog I, Niog II, Niog III, P.F. Espiritu I,
P.F. Espiritu II, P.F. Espiritu III, P.F. Espiritu IV, P.F. Espiritu V,
P.F. Espiritu VI, P.F. Espiritu VII, P.F. Espiritu VIII, Real I, Real
II, Salinas I, Salinas II, Salinas III, Salinas IV, San Nicolas I, San
Nicolas II, San Nicolas III, Sineguelasan, Tabing Dagat, Talaba I,
Talaba II, Talaba III, Talaba IV, Talaba V, Talaba VI, Talaba VII,
Zapote I, Zapote II, Zapote III and Zapote IV.
Bacoor East –
Bayanan, Mambog I, Mambog II, Mambog III, Mambog IV, Mambog V, Molino I,
Molino II, Molino III, Molino IV, Molmo V, Molino VI, Molino VII,
Queens Row Central, Queens Row East and Queens Row West.
SEC. 11. Powers, Duties, Functions and Compensation.
– (a) The sangguniang panlungsod, as the legislative body of the City,
shall enact ordinances, approve resolutions and appropriate funds for
the general welfare of the City and its inhabitants pursuant to Section
16 of the Local Government Code of 1991 and in the proper exercise of
the corporate powers of the City as provided for under Section 22 of the
Local Government Code of 1991, and shall:
(1) Approve ordinances
and pass resolutions necessary for an efficient arid effective city
government and, in this connection, shall:
(i) Review all
ordinances approved by the sangguniang barangay and executive orders
issued by the punong barangay to determine whether these are within the
scope of the prescribed powers of the sangguniang barangay and of the
punong barangay;
(ii) Maintain peace and order by enacting
measures to prevent and suppress lawlessness, disorder, riot, violence,
rebellion or sedition and impose penalties for the violation of said
ordinances;
(iii) Approve ordinances imposing a fine not
exceeding Five thousand pesos (P 5,000.00) 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;
(iv) Adopt measures to
protect the inhabitants of the City from the harmful effects of man-made
or natural disasters and calamities, and to provide relief services and
assistance to victims during and in the aftermath of said disasters or
calamities and in their return to productive livelihood following said
events. The prevention or mitigation of the effects of man-made or
natural calamities may include, but not limited to, the utilization of
the Calamity Fund of the City;
(v) Enact ordinances intended to
prevent, suppress and impose appropriate penalties for habitual
drunkenness in public places, vagrancy, mendicancy, prostitution, the
establishment arid maintenance of house of ill-repute, gambling and
other prohibited games of chance, fraudulent devices and ways to obtain
money or property, drug addiction, maintenance of drug dens, drug
pushing, juvenile delinquency, the printing, distribution or exhibition
of obscene or pornographic materials or publications and such other
activities inimical to the welfare and morals of the inhabitants of the
City;
(vi) Protect the environment and 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 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 siltation of
rivers and lakes or of ecological imbalance;
(vii) Subject to
the provisions of the Local Government Code of 1991 and other pertinent
laws, determine the powers and duties of officials and employees of the
City;
(viii) 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;
(ix) Authorize the payment of
Compensation to a qualified person not in the government service who
fills in a temporary vacancy or grant honoraria to any qualified
official or employee designated to fill in a temporary vacancy in a
concurrent capacity at the rate authorized by law;
(x) Provide a
mechanism and the appropriate funds therefore to ensure transparency in
all city government transactions and the exercise of fiscal-discipline;
the accountability of all city government employees for the safety and
protection of all city government properties, public documents or
records such as those relating to property inventory, land ownership,
records of births, marriages, deaths, assessments, taxation, accounts,
business permits and such other records and documents of public interest
in the offices and departments of the city government;
(xi) When
the finances of the city government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary
and high school teachers, and other national government employees
stationed in or assigned to the City;
(xii) Provide legal
assistance to barangay officials who, in the performance of their
official duties or oh the occasion thereof, have to initiate judicial
proceedings or defend themselves against legal actions; and
(xiii)
Provide for group insurance or additional insurance coverage for all
barangay officials, including members of barangay tanod brigades and
service units, with public or private insurance companies, when the
finances of the city government allow said coverage;
(2) Generate
and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the City With particular
attention to agro-industrial development and citywide growth and
progress and, relative thereto, shall:
(i) Approve the annual and
supplemental budgets of the city government and appropriate funds for
specific programs; projects, services and activities of the City, or for
other purposes not contrary to law, in order to promote the general
welfare of the City and its inhabitants: Provided, That no annual or
supplemental budget shall be approved without deliberation and hearing
to be attended by the respective heads of all the departments, units or
offices of the city government and by reputable representatives of civil
society, church groups, irrespective of denomination, and the media;
(ii)
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 levying taxes, fees and
charges, prescribing the rates thereof for general and specific
purposes and granting tax exemptions, incentives or reliefs;
(iii)
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;
(iv) 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;
(v) Appropriate funds for the construction
and maintenance or the rental of buildings for the use of the City and,
upon the majority vote of all the members of the sangguniang panlungsod,
authorize the city mayor to lease to private parties such public
buildings held in a proprietary capacity, subject to existing laws,
rules and regulations;
(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the City;
(vii)
Adopt a comprehensive land-use plan for the City and ensure that the
formulation, adoption or modification of the said plan shall be in
coordination with the approved provincial comprehensive land-use plan:
Provided, That the various people’s organization duly accredited by the
City shall be allowed to participate in the preparation but shall have
no right to vote;
(viii) Reclassify lands within the jurisdiction
of the City, subject to the pertinent provisions of the Local
Government Code of 1991;
(ix) Enact integrated zoning ordinances
in consonance with the approved comprehensive land-use plan, subject to
existing laws, rules and regulations establish fire limits or zones
particularly in populous centers; and regulate the construction, repair
or modification of buildings within said limits or zones in accordance
with the provisions of the Fire Code of the Philippines;
(x)
Subject to national law, process and approve subdivision plans for
residential, commercial or industrial purposes and other development
purposes and to collect processing fees and other charges, the proceeds
of which shall accrue entirely to the City: Provided, however,
That where approval of a rational agency or Office is required, said
approval shall not be withheld for more than thirty (30) days from
receipt of the application. Failure to act on the application within the
period stated above shall be deemed as approval thereof;
(xi)
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 or fish within the city waters;
(xii)
With the concurrence of at least two-thirds (2/3) vote of all the
members of the sangguniang panlungsod, grant tax exemptions, incentives
or reliefs to entities engaged in community growth-inducing industries,
subject to the provisions of the Local Government Code of 1991;
(xiii)
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;
(xiv) Regulate the numbering of residential, commercial and other buildings; and
(xv) Regulate the inspection, weighing and measuring of articles of commerce;
(3)
Subject to the provisions of Book II 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:
(i) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities;
(ii)
Regulate or fix license fees for any business or practice of profession
within the City and the conditions under which the license for said
business of practice of profession may be revoked and enact ordinances
levying taxes thereon;
(iii) Provide for and set the terms and
conditions under which public utilities owned by the City shall be
operated by the city government and prescribe the conditions under which
the same may be leased to private persons or entities, preferably
cooperatives;
(iv) Regulate the display of and fix the license
fees for signs, signboards or billboards at the place or places where
the profession or business advertised thereby is, in whole of in part,
conducted;
(v) Any law to the contrary notwithstanding, authorize
and license the establishment, operation and maintenance of cockpits,
and regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced;
(vi)
Subject to the guidelines prescribed by the Department of
Transportation and Communications (DGTC), regulate the operation of
tricycles and grant franchises for the operation thereof within the
territorial jurisdiction of the City; and
(vii) Upon approval by a
majority vote of ah the members of the sangguniang panlungsod, grant a
franchise to any person, partnership, corporation or cooperative to do
business within the City; establish, construct, operate and maintain
ferries, wharves, markets or slaughterhouses; or undertake such other
activities within the City as may be allowed by existing laws: Provided, That cooperatives shall be given preference in the grant of such franchise;
(4)
Regulate activities relative to the use of land; buildings and
structures within the City in order to promote the general welfare and,
for the said purpose, shall:
(i) Declare, prevent or abate any nuisance;
(ii)
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 the said
requirement, have the work done at the expense of the owner,
administrator or tenant concerned; and require the filling up of any
land or premises to a grade necessary for proper sanitation;
(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments;
(iv)
Regulate the establishment, operation and maintenance of restaurants,
beerhouses, hotels, motels, inns, pension houses, lodging houses and
other similar establishments, including tourist guides and transports;
(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlets;
(vi)
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;
(vii)
Regulate the establishment, operation and maintenance of any
entertainment or amusement facilities, including the theatrical
performance, circuses, billiard halls, public dancing schools, public
dance halls, sauna baths, massage parlors and other places for
entertainment or amusement; regulate such other events or activities for
amusement or entertainment, particularly those which tend to disturb
the community or annoy the inhabitants, or require the suspension or
suppression of the same; or prohibit certain forms of amusement or
entertainment in order to protect the social and moral welfare of the
community;
(viii) Provide for the impounding of stray animals;
regulate the keeping of animals in homes or as part of a business; and
the slaughter, sale or disposition of the same; and adopt measures to
prevent and penalize cruelty to animals; and
(ix) Regulate the
establishment, operation and maintenance of funeral parlors and the
burial or cremation of the dead, subject to existing laws, rules and
regulations;
(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic services and faculties as
provided for under the Local Government Code of 1991 and, in addition to
said services and faculties, shall:
(i) Provide for the
establishment, maintenance, protection and conservation of tree parks,
greenbelts, mangroves and other similar forest development projects;
(ii)
Establish markets, slaughterhouses or animal corrals and authorize the
operation thereof by the city government; and regulate the construction
and operation of private markets, talipapas or other similar buildings
and structures;
(iii) Authorize the establishment, maintenance
and operation by the city government of ferries, wharves and/or other
structures intended to accelerate productivity related to marine life in
the preservation thereof;
(iv) Regulate the preparation and sale
of meat, poultry, fish, vegetables, fruits, fresh dairy products and
other foodstuffs for public consumption;
(v) Regulate the use of
streets, avenues, alleys, sidewalks, bridges, parks and other public
places and approve the construction, improvement, repair and maintenance
of the same; establish bus and vehicle stops and terminals of regulate
the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate
stands to be occupied by public vehicles when not in use; regulate the
putting up of signs, signposts, awnings and awning posts on the streets;
and provide for the lighting, cleaning and sprinkling of streets and
public places;
(vi) Regulate traffic on all streets and bridges;
prohibit encroachments or obstacles thereon and, when necessary in the
interest of public welfare, authorize the removal of encroachments and
illegal constructions in public places;
(vii) Subject to existing
laws, establish and provide for the maintenance, repair and operation
of an efficient waterworks system to supply water for the inhabitants
and to purify the Source of the water supply; regulate the construction,
maintenance, repair and use of hydrants, pumps, cisterns and
reservoirs; protect the purity and the quantity of the water supply of
the City arid, for this purpose, extend the coverage of appropriate
ordinances over all territory within the drainage area of said water
supply within one hundred meters (100 m.) of the reservoir, canal,
conduit, aqueduct, pumping station and watershed used in connection with
the water service; and regulate the consumption, use ox wastage of
water and fix and collect charges thereof;
(viii) Regulate the
drilling and excavation of the ground for the laying of Water, gas,
sewer and other pipes, and the construction, repair arid maintenance of
public drains, sewers, cesspools, tunnels and similar structures;
regulate the placing of poles and the use of crosswalks, curbs and
gutters; adopt measures to ensure public safety against open canals,
manholes, live wires and other similar hazards to life and property; and
regulate the construction and use of private water-closets, privies and
other similar structures in buildings and homes;
(ix) Regulate
the placing, stringing, attaching, installing, repair and construction
of all gas mains, electric telegraph and telephone wires, conduits,
meters and other apparatus; and provide for the correction, condemnation
or removal of the same when found to be dangerous, defective or
otherwise hazardous to the welfare of the inhabitants;
(x)
Subject to the availability of funds and the existing laws, rules and
regulations, establish and provide for the operation of vocational and
technical schools and similar post-secondary institutions and, with the
approval of the DepED and subject to existing laws on tuition fees, fix
and collect reasonable tuition fees and other school charges in
educational institutions supported by the city government;
(xi)
Establish a scholarship fund for the poor but deserving students in
schools located within its jurisdiction or for students residing within
the City;
(xii) Approve measures and adopt quarantine regulations to prevent the introduction arid the spread of diseases;
(xiii)
Provide for an efficient and effective system of solid waste and
garbage collection and disposal and prohibit littering and the placing
or throwing of garbage, refuse and other filth and wastes;
(xiv)
Provide for the care of disabled persons, paupers, the aged; the sick,
persons of unsound mind, abandoned minors, juvenile delinquents, drug
dependents, abused children and the youth below eighteen (18) years of
age and, subject to the availability of funds, establish and provide for
the Operation of centers and facilities for the said needy and
disadvantaged persons;
(xv) Establish and provide for the
maintenance and improvement of jails and detention centers, institute a
sound jail management program and appropriate funds for the subsistence
of detainees and convicted prisoners in the City;
(xvi) Establish
a city council whose purpose is the promotion of culture and the arts,
coordinate with government agencies and nongovernmental organizations
and, subject to the availability of funds, appropriate funds for the
support and development of the same; and
(xvii) Establish a city
council for the elderly and senior citizens which shall formulate
policies and adopt measures mutually beneficial to the elderly and to
the Community; provide incentives for nongovernmental agencies and
entities and, subject to the availability of funds, appropriate funds to
support programs and projects for the benefit of the elderly; and
(6)
Perform such other duties and functions and exercise such powers as
provided for under the Local Government Code of 1991, and those that are
prescribed by law or ordinance.
(b) The members of the
sangguniang panlungsod of the City of Bacoor shall receive a minimum
monthly compensation corresponding to Salary Grade Twenty-five (25) as
prescribed under the Salary Standardization Law and the implementing
guidelines issued pursuant thereto.
ARTICLE V
PROCESS OF LEGISLATION
SEC. 12. Internal Rules of Procedure. –
(a) On the first regular session following the election of its members
and within ninety (90) days thereafter, the sangguniang panlungsod shall
adopt or update its existing rules of procedure.
(b) The rules of procedure shall provide for the following:
(1)
The organization of the sanggunian and the election of its officers as
well as the creation of standing committees which shall include, but
shall not be limited to, the committees on appropriations, revenues,
engineering and public works, education and health, women and family,
human rights, youth and sports development, environmental protection,
peace and order and traffic, and cooperatives; the general jurisdiction
of each committee; and the election of the chairperson 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: Provided, That the
penalty of suspension or expulsion shall require the concurrence of at
least two-thirds (2/3) vote of all the sanggunian members: Provided, further,
That the member convicted by final judgment to imprisonment of at least
one (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. 13. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members.
– (a) Every sangguniang panlungsod member shall, upon assumption to
office, make a full disclosure of business and financial interests. They
shall also disclose any business, financial, professional relationship
or any relation by affinity or consanguinity within the fourth civil
degree, which they may have with any person, firm or entity affected by
any ordinance or resolution under consideration by the sanggunian of
which one 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 which the ordinance or resolution may apply; and
(2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect.
In
the absence of a specific constitutional or statutory provision
.applicable to this situation, “conflict of interest” refers, in
general, to one where it may be reasonably deduced that a member of a
sanggunian may not act in the public interest due to some private,
pecuniary or other personal considerations that may tend to affect his
judgment to the prejudice of the service or the public.
(b) The
disclosure required under this Act shall be made in writing 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
deliberations on the ordinance or resolution under consideration: Provided,
That if the member did not participate during the deliberations, the
disclosure shall be made before voting on the ordinance or resolution on
second and third readings; and
(2) Disclosure shall be made when
a member takes a position or makes a privilege speech on a matter that
may affect the business interest, financial connection or professional
relationship described herein.
SEC. 14. Sessions. – (a) On
the first day of the session immediately following the election of its
members, the sangguniang panlungsod shall, by resolution, fix the day,
time and place of its sessions. The minimum number of regular sessions
shall be once a week for the sangguniang panlungsod 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 the 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 sangguniang panlungsod
shall keep a journal and a record of its proceedings, which may be
published upon resolution of the majority of its members.
SEC. 15. Quorum.
– (a) A majority of all the members of the sanggunian who have been
elected and qualified shall constitute a quorum to transact official
business. Should a question of quorum be raised during a session, the
presiding officer shall immediately proceed to call the roll of the
members and thereafter announce the results.
(b) Where there is
no quorum, the presiding officer may declare, a recess until such time a
quorum is constituted, or a majority of the members present may adjourn
from day to day and may compel the immediate attendance of any member
absent without justifiable cause by designating a member of the
sanggunian, to be assisted by a member or members of the police force
assigned, in the territorial jurisdiction of the City of Bacoor, to
arrest the absent member and present him at the session.
(c) If
there is still no quorum despite the enforcement of the immediately
preceding subsection, no business shall be transacted. The presiding,
officer, upon proper motion duly approved by the members present, shall
then declare the session adjourned for lack of quorum.
SEC. 16. Approval of Ordinances.
– (a) Every ordinance enacted by the sangguniang panlungsod shall be
presented to the city mayor. If the city mayor approves the same, the
signature shall be affixed on each and every page thereof; otherwise,
the ordinance shall be vetoed with the statement on the 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 it had been
signed.
SEC. 17. Veto Power of the City Mayor. – (a) The city mayor may veto any ordinance of the sangguniang panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating the 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 vetoed item or items shall not affect the item of items which
are not objected to. The vetoed item of items shall not take effect
unless the sangguniang panlungsod overrides the veto in the manner
herein provided; otherwise; the item or items in the appropriations
ordinance of the previous year corresponding to those vetoed, if any,
shall be deemed enacted.
(c) The city mayor may veto an ordinance
or resolution only once. The sanggunian may override the veto of the
city mayor by two-thirds (2/3) vote of all its members, thereby making
the ordinance effective even without the approval of the city mayor.
SEC. 18. Review of City Ordinances by the Sangguniang 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 resolutions approving the
local development plans and the 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 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 to be consistent with law and therefore valid.
SEC. 19. Review of Barangay Ordinances by the Sangguniang Panlungsod.
– (a) Within ten (10) days after its enactments the sangguniang
barangay shall furnish copies of all barangay ordinances to the
sangguniang panlungsod to whether the ordinances are consistent with law
or city ordinances.
(b) If the sangguniang panlungsod fails to
take action on barangay ordinance 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 affected.
SEC. 20. Enforcement of Disapproved Ordinances or Resolutions.
– Any attempt to enforce any ordinance or any resolution approving the
local development plan and the public investment program after
disapproval thereof shall be sufficient ground for the suspension or
dismissal of the official or employee concerned.
SEC. 21. Effectivity of Ordinances or Resolutions.
– (a) Unless otherwise stated in the ordinance or the resolution
approving the local development plan and the public investment program,
the same shall take effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance of the City Hall
of Bacoor and in at least two (2) other conspicuous places in the City
of Bacoor not later than five (5) days after approval thereof.
(b)
The secretary of the sangguniang panlungsod shall cause the posting of
an ordinance or resolution in the bulletin board at the entrance of the
city hall and in at least, two (2) conspicuous places in the City of
Bacoor not later than five (5) days after approval thereof. The text of
the ordinance or resolution shall be disseminated and posted in Filipino
of English and the secretary of the sangguniang panlungsod shall record
such fact in a book kept for the purpose, stating the dates of approval
and posting.
(c) The main features of the ordinance or the
resolution duly enacted or adopted shall, in addition to being posted,
be published once in a local newspaper of general circulation within the
City: Provided, That in the absence thereof, the ordinance or the resolution shall be published in any newspaper of general circulation: Provided, further, That the gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation.
ARTICLE VI
DISQUALIFICATION AND SUCCESSION OF
ELECTIVE CITY OFFICIALS
SEC. 22. Disqualification of Elective Public City Officials. – The following persons are disqualified from running for any elective position in the City:
(a)
Those sentenced by final judgment for an offense involving moral
turpitude or 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. 23 Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor.
– (a) If a permanent vacancy occurs in the office of the city mayor,
the city vice mayor concerned 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 permanent
incapacity, the second highest ranking sangguniang panlungsod member
becomes the city mayor or the city vice mayor, as the case may be.
Subsequent vacancies in the said offices shall be filled automatically
by the other sanggunian members according to their ranking as defined
herein.
(b) If a permanent vacancy occurs in the office of the
punong barangay, the highest ranking sanggunian barangay member or, in
case of his permanent inability, the second highest ranking sanggunian
member shall become the punong barangay.
(c) A tie between or among the highest ranking sangguniang panlungsod members shall be resolved by drawing of lots.
(d) The successors as defined herein shall serve only the unexpired terms of their predecessors.
(e)
For purposes of this Act, a permanent vacancy arises when an elective
local official fills in 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 the office.
(f) For purposes of succession as
provided for 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. 24. Permanent Vacancies in the Sangguniang Panlungsod.
– Permanent vacancies in the sangguniang panlungsod where automatic
succession as provided above does not apply shall be filled in by
appointments in the following manner:
(a) The provincial governor shall make the aforesaid appointments;
(b)
Only the nominee of the political party under which the sanggunian
member concerned had been elected shall be appointed in the manner
herein provided. The appointee shall come from the same political p arty
as that of the sanggunian member who caused the vacancy and shall serve
the unexpired term of the vacant office.
In the appointment
herein mentioned, a nomination and a certificate of member ship of the
appointee from the highest official of the political party concerned are
conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefor;
(c)
In case the permanent vacancy is caused by a sanggunian member who does
not belong to any political party, the city mayor shall, upon the
recommendation of the sangguniang panlungsod appoint a qualified person
to fill in the vacancy; and
(d) In case of vacancy in the
representation of the youth and the barangay in the sangguniang
panlungsod, said vacancy shall be filled in automatically by the
official next-in-rank of the organization concerned.
SEC. 25. Temporary Vacancy in the Office of the City Mayor.
– (a) When the city mayor is temporarily incapacitated to perform the
duties for physical or legal reasons such as, but not limited to, leave
of absence, travel abroad and suspension from office, the city vice
mayor or the highest sangguniang panlungsod member shall automatically
exercise the powers and perform the duties and functions of the city
mayor, except the power to appoint, suspend or dismiss employees which
can only be exercised if the period of temporary incapacity exceeds
thirty (30) working days.
(b) Said temporary incapacity shall
terminate upon submission to the sangguniang panlungsod of a written
declaration by the city mayor of having reported back to office. In case
where the temporary incapacity is due to legal cause, the city mayor
shall also submit necessary documents showing that the said legal cause
no longer exists.
(c) When the city mayor is traveling within the
country but outside the territorial jurisdiction for a period not
exceeding three (3) consecutive days, the of officer-in-charge of the
office may be designated in writing. 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 events however, that the
city mayor fails- or refuses to issue such authorization, the city vice
mayor or the highest ranking sangguniang panlungsod member, as the case
may be, shall have the right to assume the powers, duties and functions
of the said office on the fourth (4th) day of absence of the city mayor, subject to the limitations provided for in subsection (c) hereof.
(e)
Except as provided above, the city mayor shall, in no case, authorize
any local official to assume the powers, duties and functions of the
office other than the city vice mayor or the highest ranking member of
the sangguniang panlungsod, as the case may be.
ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY
SEC. 26. The Secretary to the Sangguniang Panlungsod. –
(a) There shall be a secretary to the sangguniang panlungsod who shall
be a career official with the rank and salary equal to a head of a
department or office.
(b) No person shall be appointed secretary
to the sangguniang panlungsod unless one is a citizen of the
Philippines, a resident of the City of Bacoor, of good moral character, a
holder of a college degree preferably in law, commerce or public
administration from a recognized college or university and a first grade
civil service eligible or its equivalent.
(c) The secretary to the sangguniang panlungsod shall take charge of the office of the sangguniang panlungsod, and shall:
(1) Attend meetings of the sangguniang panlungsod and keep a journal of its proceedings;
(2)
Keep the seal of the City and affix the same with one’s signature to
all ordinances, resolutions and other official acts of the sangguniang
panlungsod, and present the same to the presiding officer for 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
appropriations ordinances passed by the sangguniang panlungsod as
provided for under Section 326, Book II of the Local Government Code of
1991;
(5) Forward to the sangguniang panlalawigan copies of duly
approved ordinances in the manner as provided for in Sections 56 and 57
of the Local Government Code of 1991;
(6) Furnish, upon the
request of any interested party, certified copies of records of public
character, in 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 the 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,
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)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 27. The City Treasurer.
– (a) The city treasurer shall be appointed by the Secretary of the
Departanent of Finance (DOF) from a list of at least three (3) ranking
eligible recommendees of the city mayor, subject to civil service law,
rules and regulations.
(b) The city treasurer shall be under the
administrative supervision of the city mayor, to whom one shall report
regularly on the tax collection efforts of the City.
(c) No
person shall be appointed city treasurer unless one is a citizen of the
Philippines, a resident of the City of Bacoor, 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. One 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 finance department, and shall:
(1)
Advise the city mayor, the sangguniang panlungsod and other local
government and national officials concerned regarding disposition of
local government funds and on such other matters relative to public
finance;
(2) Take custody and exercise proper management of the funds of the City;
(3)
Take charge of the disbursement of all funds of the City and such other
funds, the custody of which has been entrusted 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 the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 28. The City Assessor.
– (a) The city assessor must be a citizen of the Philippines, a
resident of the City of Bacoor, 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. One must have
an experience in real property assessment work or in any related field
for at least five (5) years immediately preceding the date of the
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 department, and shall:
(1)
Ensure that all laws and policies governing the appraisal and
assessment of real properties for taxation purposes are properly
executed;
(2) Initiate, review and recommend changes in policies
and objectives, plans and programs, techniques, procedures and practices
in the evaluation and assessment of real properties for taxation
purposes;
(3) Establish a systematic method of real property assessment;
(4) Install and maintain 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 regular physical surveys to
verify and determine whether all real properties within the City are
properly listed in the assessment tolls;
(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;
(11) Attend personally or through an Authorized representative all sessions of the local board of assessments; and
(12)
Perform such other duties and functions and exercise such other powers
as provided for tinder the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 29. The City Accountant. –
(a) The city accountant must be a citizen of the Philippines, a
resident of the City of Bacoor, of good moral character, a certified
public accountant and must have acquired experience in the treasury or
accounting service for at least five (5) years immediately preceding the
date of the 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 to the availability of budgetary allotment from, which expenditures and obligations may be properly charged;
(5) Review supporting documents before the preparation of vouchers to determine the completeness of requirements;
(6)
Prepare statements of cash advances, liquidations, salaries,
allowances, reimbursements and remittances pertaining to the City;
(7) Prepare statements of journal vouchers and liquidations of the same and other adjustments related thereto;
(8) Post individual disbursements to subsidiary ledgers and index cards;
(9) Maintain individual ledgers for officials and employees of the City pertaining to payrolls and deductions;
(10) Record arid post in index cards details of purchased furniture, fixtures and equipment, including disposal thereof, if any;
(11) Account for all issued requests for obligations and maintain and keep all records and reports related thereto;
(12) Prepare journals and the analysis of obligations and maintain and keep all records and reports related thereto; and
(13)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 30. The City Budget Officer. –
(a) The city budget officer must be a citizen of the Philippines, a
resident of the City of Bacoor, 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.
The city budget officer must have acquired experience in government
budgeting or in any related field for at least five (5) years
immediately preceding the date of the appointment.
(b) The city budget officer shall take charge of the city budget department, and shall:
(1)
Prepare forms, orders and circulars embodying instructions on budgetary
and appropriation matters for the signature of the city mayor;
(2) Review and consolidate the budget proposals of different departments and offices of the City;
(3) Assist the city mayor in the preparation of the budget, and during and after the budget hearings;
(4) Study and evaluate budgetary implications of proposed legislation and submit comments and recommendations thereon;
(5) Submit periodic budgetary reports to the DBM;
(6)
Coordinate with the city treasurer, the city accountant and the city
planning and development officer for the purpose of budgeting;
(7) Assist the sangguniang panlungsod in reviewing the approved budgets of component barangays;
(8) Coordinate with the city planning and development office 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 the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 31. The City Planning and Development Officer.
– (a) The city planning and development officer must be a citizen of
the Philippines, a resident of the City of Bacoor, of good moral
character, a holder of a college degree preferably in urban planning,
development studies, economics, public administration or in any related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent. One must have acquired experience in
development planning or in any related field for at least five (5)
years immediately preceding the date of the appointment.
(b) The
city planning and development officer shall receive such compensation;
emoluments and allowances as may be determined by law.
(c) The
city planning development officer shall take charge of the city planning
arid development coordinating office, and shall:
(1) Formulate integrated economic, social, physical and other development plans and policies for the 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 the consideration of the finance
committee of the sangguniang panlungsod;
(7) Promote people’s participation in development planning within the City;
(8) Exercise supervision and control over the secretariat of the local development council; and
(9)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 32. The City Engineer.
– (a) The city engineer must be a citizen of the Philippines a resident
of the City of Bacoor, of good moral character and a licensed civil
engineer. One must have acquired experience in the practice of
profession for at least five (5) years immediately preceding the date of
the appointment.
(b) The city engineer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city engineer shall take charge of the city engineering office, and shall:
(1)
Initiate, review and recommend changes in policies and objectives,
plans and programs, techniques, procedures and practices in
infrastructure development and public works in general of the City;
(2) Advise the city mayor on infrastructure, public works and other engineering matters;
(3)
Administer, coordinate, supervise and control the construction,
maintenance, improvement and repair of roads, bridges, other engineering
and public works projects of the City;
(4) Provide engineering
services to the City, including investigations and surveys, engineering
designs, feasibility studies and project management; and
(5)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 33. The City Health Officer.
– (a) The city health officer must be a citizen of the Philippines, a
resident of the City of Bacoor, of good moral character and a licensed
medical practitioner. One must have acquired experience in the practice
of profession for at least five (5) years immediately preceding the date
of the 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 the office, formulate program
implementation guidelines and rules and regulations for the operation of
the office for the approval of the city mayor in order to assist in the
efficient, effective and economical implementation of health services
programs geared to implement health-related projects and activities;
(2)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out activities to ensure the delivery of basic services and the
provision, of adequate facilities relative to health services as
provided for under Section 17 of the Local Government Code 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
for under the Local Government Code of 1991;
(4) In addition to the foregoing duties and functions, the city health officer shall:
(i) Formulate and implement policies, plans and projects to promote the health of the people in the City;
(ii) Advise the city mayor and the sangguniang panlungsod on matters pertaining to health;
(iii) Execute and enforce all laws, ordinances and regulations relating to public health;
(iv)
Recommend to the sangguniang panlungsod, through the local health
board, the passage of such ordinance as he may deem necessary for the
preservation of public health;
(v) Recommend the prosecution of any violation of sanitary laws, ordinances or regulations;
(vi)
Direct the sanitary inspection of all business establishments,, stores
selling food items or providing accommodations such as hotels, motels,
local houses, pension houses and the like, in accordance with the
Sanitation Code the Philippines;
(vii) Conduct health information campaigns and render health intelligence services;
(viii)
Coordinate with other government agencies and nongovernment
organizations involved in the promotion and delivery of health services;
and
(ix) Be in the frontline of the delivery of health services,
particularly during and in the aftermath of man-made and natural
disasters or calamities; and
(5) Perform such other duties and
functions and exercise such other powers as provided for under the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
SEC. 34. The City Civil Registrar. – (a) The
city civil registrar must be a citizen of the Philippines, a resident of
the City of Bacoor, 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. One must have acquired experience in
civil registry work for at least five (5) years immediately preceding
the date of the 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 Bacoor, pursuant to the Civil
Registry Law, the Omnibus Election 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 city civil registrar shall:
(i) Accept all registrable documents and judicial decrees affecting the civil status of persons;
(ii) File, keep and preserve in a secure place the books required by law;
(iii)
Transcribe and enter immediately upon receipt all registrable documents
and judicial decrees affecting the civil status of persons in the
appropriate civil registry books;
(iv) Transmit to the Office of
the Civil Registrar, within the prescribed period, duplicate copies of
registered documents required by law;
(v) Issue certified
transcripts or copies of any certificate or registered documents upon
payment of the required fees to the city treasurer;
(vi) Receive
application 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 city
treasurer; and
(vii) Coordinate with the National Statistics
Office (NSO) in conducting educational campaigns for vital registration
and assist in the preparation of demographic and other statistics for
the City of Bacoor; and
(3) Perform such other duties and
functions and exercise such other powers as provided for under the Local
Government Code of 1991, and those that are prescribed by law or
ordinance.
SEC. 35. The City Administrator. – (a) The city
administrator must be a citizen of the Philippines a resident of the
City of Bacoor, of good moral character, a holder of a college degree
preferably m public administration, law or in any other related course
from a recognized college or university, and a first grade civil service
eligible or its equivalent. One must have acquired experience in
management and administrative work for at least five (5) years
immediately preceding the date of the appointment.
(b) The term of the city administrator is coterminous with that of his appointing authority.
(c) The city administrator shall receive such compensation, emoluments and allowances as may be determined by law.
(d) The city administrator shall take charge of the city administrator’s office, and shall:
(1)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with the
management and administration-related programs and projects which the
city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide for under the Local Government Code
of 1991;
(2) Assist in the coordination of the work of all the
officials of the local government unit, 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 local government unit;
(3)
Establish and maintain a sound personnel program for the local
government unit designed to promote career development and uphold the
merit principle in the local government service;
(4) Conduct a
continuing organizational development of the local government unit with
the end in view of instituting effective administrative reforms;
(5)
Be in the frontline of the delivery of administrative support services,
particularly those related to the situations during and in the
aftermath of man-made and natural disasters or calamities;
(6)
Recommend to the sangguniang panlungsod and advise the city mayor on all
matters relative to the management and administration of the City; and
(7)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 36. The City Legal Officer.
– (a) The city legal officer must be a citizen of the Philippines, a
resident of the City of Bacoor, of good moral character and a member of
the Philippine Bar. One must have practiced the profession for at least
five (5) years immediately preceding the date of the appointment.
The term of the legal officer shall be coterminous with that of his appointing authority.
(b) The city legal officer shall receive-such compensation, emoluments and allowances as may be determined by law.
(c)
The city legal officer, the chief legal counsel of the City, shall take
charge of the office of the city legal service, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide legal assistance and support to the city mayor in carrying
out the delivery of basic services and the provision of adequate
facilities;
(2) Develop plans and strategies and upon approval
thereof by the city mayor, implement the same particularly those which
have to do with the programs and projects related to legal services
which the city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide;
(3) Represent the local
government unit in all civil actions and special proceedings wherein the
local government unit or any official thereof, in his official
capacity, is a party: Provided, That inactions or proceedings where a
component city or municipality is a party adverse to the provincial
government or to another component city, a special legal officer may be
employed to represent the adverse party;
(4) When required by the
city mayor or sanggunian, draft ordinances; contracts, bonds, leases
and other instruments, involving any interest of the local government
unit; and provide comments and recommendations on any instrument already
drawn;
(5) Render his opinion in writing on any question of law when requested to do so by the city mayor or sanggunian;
(6)
Investigate or cause to be investigated any local official or employee
for administrative neglect or misconduct in office, and recommend
appropriate action to the city mayor or sanggunian, as the case may be;
(7)
Investigate or cause to be investigated any person, firm or corporation
holding any franchise or exercising any public privilege for failure to
comply with any term or condition in the grant of such franchise or
privilege, and recommending appropriate action to the city mayor or
sanggunian;
(8) When directed by the city mayor or sanggunian,
initiate and prosecute in the interest of the local government unit
concerned any civil action on any bond, lease or other contract upon any
breach or violation thereof;
(9) Review and submit recommendations on ordinances approved and executive orders issued by component units;
(10)
Recommend measures to the sangguniang panlungsod and advise the city
mayor on all matters related to upholding the rule of law;
(11)
Be in the frontline of protecting human rights and prosecuting any
violation thereof, particularly those which occur during and in the
aftermath of man-made and natural disasters or calamities; and
(12)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 37. The City Social Welfare and Development Officer.
– (a) Tie city social welfare and development officer must be a citizen
of the Philippines, a resident of the City of Bacoor, of good moral
character, a licensed social worker or a holder of a college degree
preferably in social work or in any other related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. One must have acquired experience in the
practice of social work for at least five (5) years immediately
preceding the date of the appointment.
(b) The city social
welfare and development officer shall receive such compensation,
emoluments and allowances as may be determined by law.
(c) The
city social welfare and development officer shall take charge of the
office of social welfare and development, and shall:
(1)
Formulate measures for the approval of the sangguniang panlungsod and
provide technical assistance and support to the city mayor in carrying
out measures to ensure the delivery of basic services and the provision
of adequate facilities relative to social welfare and development
services;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with social welfare programs and projects which the city
mayor is empowered to implement and which the sangguniang panlungsod is
empowered to provide;
(3) Identify the basic needs of the needy,
the disadvantaged and the impoverished, arid develop and implement
appropriate measures to alleviate their problems and improve their
living conditions;
(4) Provide relief and appropriate crisis
intervention for victims of abuse and exploitation and recommend
appropriate measures to deter further abuse and exploitations;
(5)
Assist the city mayor in implementing the barangay level program for
the total development and protection of children up to six (6) years of
age;
(6) Facilitate the implementation of welfare programs for
the disabled, elderly and victims of drug addiction, the rehabilitation
of prisoners and parolees, the prevention of juvenile delinquency and
such other activities which would eliminate and minimize the ill-effects
of poverty;
(7) Initiate and support welfare programs that will enhance the role of the youth in nation building;
(8)
Coordinate with government agencies and nongovernmental organizations
which have for their purpose the promotion and the protection of all
needy, disadvantaged, underprivileged or impoverished groups or
individuals, particularly those identified to be vulnerable and high
risk to exploitation, abuse and neglect;
(9) Be in the frontline
of the delivery of services particularly those which have to do with the
immediate relief arid assistance during and in the aftermath of
man-made and natural disasters or calamities;
(10) Recommend to
the sangguniang panlungsod and advise the city mayor on all other
matters related to social welfare and development services which will
improve the livelihood and the living conditions of the inhabitants; and
(11)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 38. The City Veterinarian.
– (a) The city veterinarian must be a citizen of the Philippines, a
resident of the City of Bacoor, of good moral character and a licensed
doctor of veterinary medicine. One must have practiced the profession
for at least three (3) years immediately preceding the date of the
appointment.
(b) The city veterinarian shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city veterinarian shall take charge of the office of veterinary services, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities;
(2) Develop plans and
strategies and, upon approval thereof by the city mayor, implement the
same, particularly those which have to do with veterinary-related
activities which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide;
(3) Advise the
city mayor on all matters pertaining to the slaughter of animals for
human consumption and the regulation of slaughterhouses;
(4) Regulate the keeping of domestic animals;
(5) Regulate and inspect poultry, milk and dairy products for public consumption;
(6) Enforce all laws for the prevention of cruelty to animals;
(7) Take the necessary measures to eradicate, prevent or cure all forms of animal diseases;
(8)
Be in the frontline of veterinary-related activities such as the
outbreak of highly contagious and deadly diseases, and in situations
resulting in the depletion of animals for work and for human
consumption; particularly those arising from and in the aftermath of
man-made arid natural disasters or calamities;
(9) Recommend to
the sangguniang panlungsod and advise the city mayor on all other
matters relative to veterinary services which will increase the number
and improve the quality of livestock, poultry and other domestic animals
used for work or for human consumption; and
(10) Perform such
other duties and functions and exercise such other powers as provided
for under the Local Government Code of 1991, and those that are
prescribed by law or ordinance.
SEC. 39. The City General Services Officer.
– (a) The city general services officer must be a citizen of the
Philippines, a resident of the City of Bacoor, 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 cavil service eligible or its equivalent. One must
have acquired experience in general services, including the management
of supply, property, solid waste disposal and general sanitation for at
least five (5) years immediately preceding the date of the 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
Marrying out measures to ensure the delivery of basic services and the
provision of adequate facilities which require general services
expertise in technical support Services;
(2) Develop plans and
strategies and, upon approval thereof by the city mayor, implement the
same, particularly those which have to do with general services
supportive of the welfare of the inhabitants of the City which the city
mayor is empowered to implement and which the sangguniang panlungsod is
empowered to provide;
(3) Take custody of and be accountable for
all properties, real or personal, owned by the City and those granted to
it in the form of donation, reparation, assistance and counterpart of
joint projects;
(4) 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 such space;
(5) 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;
(6) 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 local government unit;
(7) Collate and
disseminate information regarding prices, shipping and other costs of
supplies and other items commonly used by the local government unit;
(8) Perform archival and record management with respect to records of offices and departments of the local government Unit;
(9)
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;
(10)
Be in the frontline of general services-related activities, such as the
possible arid imminent destruction or damage to records, supplies,
properties and structure materials or debris, particularly during arid
in the aftermath of man-made and natural disasters or calamities;
(11) Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to general services; and
(12)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 40. 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 Bacoor, of good
moral character, a holder of a college degree preferably in environment,
forestry, agriculture or in any other related course from a recognized
college or university, and a first grade civil service eligible or its
equivalent. One must have acquired experience in environment and natural
resources management, conservation and utilization work for at least
five (5) years immediately preceding the dale of the 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 office shall take charge of the city environment service department, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide assistance and support to the city mayor in carrying out
measures to ensure the delivery of basic services and the provision of
adequate facilities relative to environment and natural resources
services provided for under Section 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 the environment and natural resources programs and projects
which the city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide;
(3) Establish; maintain,
protect and preserve communal forest, watersheds; tree parks, mangroves;
greenbelts and similar forest projects and commercial forest, like
industrial tree farms’ and agro-forestry projects;
(4) Provide
extension services to beneficiaries of forest development projects and
technical, financial and infrastructure assistance;
(5) Manage and maintain seed banks and produce seedlings for forest and tree parks;
(6)
Provide extension services to beneficiaries of forest development
projects and render assistance for natural resources-related
conservation and utilization activities consistent with ecological
balance;
(7) Promote the small-scale mining and utilization of mineral resources, particularly mining of gold;
(8)
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;
(9) 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 or calamities;
(10)
Recommend measures to the sangguniang panlungsod and advise the city
mayor on all matters relative to the protection, conservation, maximum
utilization, application of appropriate technology and other matters
related to the environment and natural resources; and
(11)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 41. The City Architect.
– (a) The city architect must be a citizen of the Philippines, a
resident of the City of Bacoor, of good moral character and a duly
licensed architect. One must have practiced the profession for at least
five (5) years immediately preceding the date of the 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 of the architectural planning and designs and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities relative to architectural planning and
design;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with architecture planning 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;
(3)
Prepare and recommend for consideration of the sanggunian the
architectural plan and design for the local government unit 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;
(4) Review and recommend for
appropriate action of the sanggunian or the city mayor the architectural
plans and designs submitted by governmental and nongovernmental
entities or individuals, particularly those for undeveloped,
underdeveloped and poorly designed areas;
(5) Coordinate with
government and nongovernment entities arid individuals involved in the
aesthetics and maximum utilization of the land and water within the
jurisdiction of the government unit, compatible with the environmental
integrity and ecological balance;
(6) 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 or calamities;
(7) Recommend to
the sangguniang panlungsod and advise the city mayor oil all other
matters relative to architectural planning and design as it relates to
the total socioeconomic development of the City; and
(8) Perform
such other duties and functions and exercise such other powers as
provided for under the Local Government Code of 1991, and those that are
prescribed by law or ordinance.
SEC. 42. The City Information Officer.
– (a) The city information officer must be a citizen of the
Philippines, a resident of the City of Bacoor, of good moral character, a
holder of a college degree preferably in journalism, mass communication
or in any related course from a recognized college or university, and a
first grade civil service eligible or its equivalent. One must have
acquired experience in writing articles and research papers, or writing
for print, television or broadcast media for at least three (3) years
immediately preceding the date of the appointment.
(b) The city information officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city information officer shall take charge of the city information and community relations department, arid shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance arid support to the city mayor in
providing the information and research data required for the delivery of
basic services arid the provision of adequate facilities so that the
public becomes aware of said services and may fully avail of the same;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
public information and research data to support programs and projects
which the city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide;
(3) Provide relevant, adequate and timely information to the local government unit and its residents;
(4)
Furnish information and data on local government units to government
agencies or offices as may be required by law or ordinance; and
nongovernmental organizations to be furnished to .said agencies arid
organizations;
(5) 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;
(6)
Be in the frontline in providing information during and in the aftermath
of man-made and natural disasters or calamities, with special attention
to the victims thereof, to help minimize injuries and casualties after
the emergency, and to accelerate relief and rehabilitation;
(7)
Recommend to the sangguniang panlungsod and advise the city mayor on all
other matters relative to public information and research data as it
relates to the total socioeconomic development of the City; and
(8)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 43. The City Cooperatives Officer.
– (a) The city cooperatives officer must be a citizen of the
Philippines, a resident of the City of Bacoor, of good moral character, a
holder of a college degree preferably in business administration with
special training on cooperatives or in any related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. One must have acquired experience in
cooperatives organization and management for at least five (5) years
immediately preceding the date of the appointment.
(b) The city cooperatives officer shall receive such compensation, emoluments arid allowances as maybe determined by law.
(c) The city cooperatives officer shall take charge of the office for the development of cooperatives, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and the
provision of facilities through the development of cooperatives and in
providing access to such services and facilities;
(2) Develop
plans and strategies and, upon approval thereof by the city mayor,
implement the same, particularly those which have to do with the
integration of cooperatives principles and methods in programs which the
city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide;
(3) Assist in the organization of cooperatives;
(4)
Provide technical and other forms of assistance to existing
cooperatives to enhance their viability as an economic enterprise and
social organization;
(5) 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;
(6)
Be in the frontline of cooperatives organization, rehabilitation or
viability enhancement, particularly during and in the aftermath of
man-made and natural disasters or calamities, to aid in their survival
and, if necessary, subsequent rehabilitation;
(7) Recommend to
the sangguniang panlungsod and advise the city mayor on all other
matters relative to cooperatives development and viability enhancement
which will improve the livelihood and the quality of life of the
inhabitants; and
(8) Perform such other duties and functions and
exercise such other powers as provided for under the Local Government
Code of 1991, and those that are prescribed by law or ordinance.
SEC. 44. The City Population Officer.
– (a) The city population officer must be a citizen of the Philippines,
a resident of the City of Bacoor, of good moral character, a holder of a
college degree preferably with specialized training in population
development from a recognized college or university, arid a first grade
civil service eligible or its equivalent. One must have acquired
experience in the implementation of programs on population development
or responsible parenthood for at least five (5) years immediately
preceding the date of the appointment.
(b) The city population officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city population officer shall take charge of the office of the population development, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities relative to the integration of 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 the
population development principles and methods in programs and projects
which the city-mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide;
(3) Assist the city mayor in
the implementation of the constitutional provisions relative to
population development and the promotion of responsible parenthood;
(4)
Establish and maintain an updated data bank for program operations,
development planning and an educational program to ensure the people’s
participation in understanding of population development;
(5) Implement appropriate training programs responsive to the cultural heritage of the inhabitants; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
SEC. 45. The City Agriculturist. –
(a) The city agriculturist must be a citizen of the Philippines, a
resident of the City of Bacoor, of good moral character, a holder of a
college degree preferably in agriculture or in any other related course
from a recognized college or university, and a first grade civil service
eligible or its equivalent. One must have practiced profession in
agriculture or acquired the experience in a related field for at least
five (5) years immediately preceding the date of the 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 of 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 the provision
of adequate facilities relative to agricultural services;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same; particularly those which have to do with the
agricultural programs and projects which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide;
(3) In addition to the foregoing duties and functions, the City agriculturist shall:
(i)
Ensure that maximum assistance and access to resources in the
production, processing and marketing of agricultural and marine products
are extended to farmers, fishermen and local entrepreneurs;
(ii)
Conduct or cause to be conducted location-specific agricultural
researches and assist in making available the appropriate technology
arising out of and disseminating information on basic research on crops,
prevention and control of plant diseases and pests, and other
agricultural matters which will maximize productivity;
(iii)
Assist the city mayor in the establishment and extension services of
demonstration farms on aquaculture and marine products;
(iv) Enforce rules and regulations relating to agriculture and aquaculture; and
(v)
Coordinate with government agencies and nongovernmental organizations
which promote agricultural productivity through applied 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 or calamities;
(5) Recommend to
the sangguniang panlungsod and advise the city mayor on another matters
related to agriculture and aquaculture which will improve the
livelihood and the living conditions of the inhabitants; and
(6)
Perform such other duties and functions and exercise such other powers
as provided for under the Local Government Code of 1991, and those that
are prescribed by law or ordinance.
ARTICLE VIII
THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE,
THE CITY SCHOOLS DIVISION, THE CITY PROSECUTION
SERVICE AND OTHER SATELLITE OFFICES
SEC. 46. 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 DILG. The City shall provide the necessary land or site of the
station.
(b) The city fire station shall be headed by a city fire
marshal whose qualifications shall be as those provided for under
Republic Act No. 9263, as amended, otherwise known as the “Bureau of
Fire Protection and Bureau of Jan Management and Penology
Professionalization Act of 2004?.
(c) The city fire station shall
be responsible for providing emergency services such as the rescue and
evacuation of injured people related to incidents and, in general, all
fire prevention and suppression measures to secure the safety of life
and property of the citizenry.
SEC. 47 The City Jail Service.
– (a) There shall be established and maintained in the City a secured,
clean, adequately equipped and sanitary jail facility for the custody
and safekeeping of prisoners, any fugitive from justice, or person
detained awaiting investigation or trial and/or violent mentally ill
person who endangers himself or the safety of others, duly certified as
such by the proper medical health officer, pending the transfer to a
mental institution.
(b) The city jail service shall be headed by a
city jail warden whose qualifications shall be as those provided for
under Republic Act No. 9263, as amended, otherwise known as the “Bureau
of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004″. One 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. 48. The City Schools Division. –
(a) There shall be maintained by the DepED the existing three (3) city
school districts of the City of Bacoor, each headed by a district
supervisor under a schools division whose area of jurisdiction will
cover the school districts within the City.
(b) The city schools
division shall be headed by a city schools division superintendent who
must possess the necessary qualifications required by the DepED.
SEC. 49. The City Prosecution Service.
– (a) There shall be established in the City a city prosecution service
to be headed by a city prosecutor and such number of assistant city
prosecutors, as may be necessary, who shall be organizationally part of
the Department of Justice (DOJ), and under the supervision and control
of the Secretary of Justice and whose qualifications, manner of
appointment, rank, salary and benefits shall be governed by existing
laws covering prosecutors in the DOJ.
(b) The city prosecutor
shall handle the criminal prosecution in the municipal trial courts in
the City as well as in the regional trial Courts for criminal cases
originating in the territory of the City, and shall render to or for the
City such services as are required by law, ordinance or regulation of
the DOJ.
The Secretary of Justice shall always ensure the
adequacy and the quality of prosecution service in the City and for this
purpose, shall, in the absence or lack or insufficiency in number of
assistant city 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.
SEC. 50. Establishment of Extension or Satellite Offices.
– There shall be established in the City of Bacoor extension or
satellite offices of the Registry of Deeds, Land Transportation Office,
Housing and Land Use Regulatory Board, Government Service Insurance
System, Social Security System, Philippine Health Insurance and Overseas
Workers Welfare Administration office, which shall be organizationally
part of their respective national offices, and under the supervision and
control of their respective heads of national offices arid whose
qualifications, manner of appointment, rank, salary and benefits shall
be governed by existing laws covering their respective departments or
offices. They shall extend services and perform such other functions as
mandated by their, respective charters to the residents of the City and
its neighboring local government units.
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 Bacoor easting at the
time of the approval of this Act shall continue to be in force within
the City of Bacoor until the sangguniang panlungsod shall declare
otherwise.
SEC. 52. Plebiscite. – The City of Bacoor 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 Bacoor within thirty (30) days
from the approval of this Act. The Commission on Elections (COMELEC)
shall conduct and supervise such plebiscite.
The expenses for such plebiscite shall be borne by the Municipality of Bacoor.
SEC. 53. Officials of the City of Bacoor.
– The present elective officials of the Municipality of Bacoor shall
continue to exercise their powers and functions until such time that a
new election is held and the duly elected officials shall have already
qualified and assumed their offices, Appointive officials and employees
of the municipality shall likewise continue exercising their functions
and duties and they shall be automatically absorbed by the city
government of the City of Bacoor.
SEC. 54. Succession Clause. – The City of Bacoor shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Bacoor.
SEC. 55. Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Cavite.
– The qualified voters of the City of Bacoor shall be qualified to vote
and run for any elective position in the elections for provincial
governor, provincial vice governor, sangguniang panlalawigan members,
who will represent the City in the Sangguniang Panlalawigan of the
Province of Cavite, and other elective officials for the Province of
Cavite: Provided, That the two (2) members of the sangguniang
panlalawigan, who will represent the City in the Sangguniang
Panlalawigan of the Province of Cavite, shall be elected in each
sanggunian district apportioned under Section 10(b) of this Act by
qualified voters therein.
SEC. 56. Jurisdiction of the Province of Cavite. – The City of Bacoor shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Cavite.
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. Legislative District. – Upon its
creation, the City of Bacoor shall maintain its status as Second
Legislative District of the Province of Cavite pursuant to Republic Act
No. 9727.
SEC. 59. Applicability of Laws. – The provisions
of the Local Government Code of 1991, as amended; Executive Order No.
882 (Series of 2010), entitled; “Mandating the Metropolitan Manila
Development Authority to Give All the Necessary Assistance to the Local
Government of Bacoor in Connection with the Development, Planning,
Transport and Traffic Management, Solid Waste Disposal and Management,
Flood Control and Sewerage Management”, and such laws as are applicable
shall govern the City of Bacoor insofar as these are not inconsistent
with the provisions of this Act.
SEC. 60. Separability Clause.
– If, for any reason-or reasons, any part or provision of this Charter
shall be held unconstitutional, invalid or inconsistent with the
Local-Government Code of 1991, the other parts or provisions hereof
which are not affected thereby shall continue to be in full force and
effect.
SEC. 61. Effectivity. – This Act shall take effect
fifteen (15) days after its complete publication in any newspaper of
general and local circulation.
Approved,
|
(Sgd.) JUAN PONCE ENRILE
|
(Sgd.) FELICIANO BELMONTE JR.
|
|
President of the Senate
|
Speaker of the House
of Representatives |
This
Act which originated in the House of Representatives was finally passed
by the House of Representative and the Senate on February 8, 2012.
|
(Sgd.) EMMA LIRIO-REYES
|
(Sgd.) MARILYN B. BARUA-YAP
|
|
Secretary of the Senate
|
Secretary General
House of Representatives |
Approved: APRIL 10, 2012
| (Sgd.) BENIGNO SIMEON C. AQUINO III |
|
President of the Philippines
|