Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:ARTICLE I
GENERAL PROVISIONS
SECTION 1.
Title.—This Act shall be known as the "Charter of the City of Cabuyao".
SEC. 2.
The City of Cabuyao.—The
Municipality of Cabuyao shall be converted into a component city to be
known as the City of Cabuyao, hereinafter referred to as the City, which
shall comprise the present territory of the Municipality of Cabuyao,
Province of Laguna.
The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Cabuyao.
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 Cabuyao and
the adjoining local government units:
Provided, That the
territorial jurisdiction of the disputed area or areas shall remain with
the local government unit which has existing administrative supervision
over said area or areas until the final resolution of the case.
SEC. 3.
Corporate Powers of the City.— The City constitutes a political body corporate and as such is endowed with the attributes of perpetual succession and
possessed
of the powers which pertain to a municipal corporation to be exercised
in conformity with the provision of this Charter. The City shall have
the following corporate powers:
(a) To have a continuous succession in its corporate name;
(b) To sue and be sued;
(c) To have and use a corporate seal;
(d) To acquire, hold and convey real or personal property;
(e) To enter into any contract and/or agreement; and
(f) To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act or other 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 Cabuyao 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 Cabuyao.—(a)
There shall be in the City of Cabuyao, 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) and (b) hereof;
(2) Create such other offices as may be necessary to carry out the purposes of the City; or
(3) Consolidate the functions of any office with those of another in the interest of efficiency and economy.
(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 received 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
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 or she is a citizen
of the Philippines at the time of the election, at least twenty-one (21)
years of age, a resident of the City for at least one (1) year prior to
his or her 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 Salary Standardization Law, and the implementing
guidelines issued pursuant thereto.
The city mayor, as the chief
executive of the city government, shall exercise such powers and perform
such duties and functions as provided herein.
(b) For efficient,
effective and economical governance, the purpose of which is the
general welfare of the City and its inhabitants, the city mayor shall:
(1)
Exercise those powers expressly granted to him or her 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 or mainly paid out of city fund and
whose appointments are not otherwise provided for in this Act, as well
as those he or she may be 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 or
ordinance;
(vii) Carry out such emergency measures as may be
necessary during and in the aftermath of man-made and natural disasters
or calamities;
(viii) Determine the time, manner and place of
payment of salaries or wages of the officials and employees of the City,
in accordance with law or ordinance;
(ix) Allocate and assign
office space to the City and other officials and employees who, by law
or ordinance, are entitled to such space in the city hall and other
buildings owned or leased by the city government;
(x) Ensure that
all executive officials and employees of the City faithfully discharge
their duties and functions as provided for by law and 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 his or her 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 to him
or her 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 or her 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 his or her 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 maters 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 or assigned to the City;
(xvii) Authorize
payment for medical care, necessary transportation, subsistence hospital
or medical fees of city officials and employees who are injured while
in the performance of their official duties and functions, subject to
the availability of funds;
(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding;
(xix)
Conduct an annual palarong panlungsod which shall feature traditional
sports and disciplines included in national and international games, in
coordination with the Department of Education (DepED); and
(xx)
Submit to the provincial governor the following reports: 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 Republic Act No. 7160, otherwise known as 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 house, building or structure 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 and 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 be defended against all suits to ensure that its
interests, resources and rights shall be adequately protected.
(4) Ensure the delivery of basic services and the provision of adequate facilities and, in addition thereto, 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 and 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.
(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 or her 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 PANLUNGSODSEC. 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 ten (10)
regular sanggunian members, the president of the city chapter of the
liga ng mga barangay, the president of the panlungsod na pederasyon ng
mga sangguniang kabataan and the 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 disabled persons.
(b) The regular members of the
sangguniang panlungsod and sectoral representatives shall be elected in
the manner as may be provided by law:
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 and 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 (P5,000.00) or an imprisonment for a
period not exceeding one (1) year, or both, at the discretion of the
court, for violation of a city ordinance;
(iv) Adopt measures to
protect the inhabitants of the City from the harmful effects of man-made
or natural disasters or calamities, and to provide relief services and
assistance to victims during and in the aftermath of said disasters or
calamities and in their return to productive livelihood following said
events;
(v) Enact ordinances intended to prevent, suppress and
impose appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, the establishment and 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
illegal logging, smuggling of logs, smuggling of natural resources
products and of endangered species of flora and fauna, slash-and-bum
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 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 on 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;
(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
formalation, adoption or modification of the said plan shall be in
coordination with the approved provincial comprehensive land-use plan;
(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
national agency or office is required, said approval shall not be
withheld for more than thirty (30) days from receipt of the application.
Failure to act on the application within the period stated above shall
be deemed as approval thereof;
(xi) 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 sangguiniang
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 of fix license fees for any business or practice of profession
within the City and the conditions under which the license for said
business or practice of profession may be revoked and enact ordinances
levying taxes thereon;
(iii) Provide for and set the terms and
conditions under which public utilities owned by the City shall be
operated by the city government and prescribe the conditions under which
the same may be leased to private persons or entities, preferably
cooperatives;
(iv) Regulate the display of and fix the license
fees for signs, signboards or billboards at the place or places where
the profession or business advertised thereby is, in whole or in part,
conducted;
(v) Any law to the contrary notwithstanding, authorize
and license the establishment, operation and maintenance of cockpits,
and regulate cockfighting and commercial breeding of gamecocks:
Provided, That existing rights should not be prejudiced;
(vi) Subject to the guidelines prescribed by the Department of Transportation and
Communications
(DOTC), regulate the operation of tricycles and grant franchises for
the operation thereof within the territorial jurisdiction of the City;
and
(vii) Upon approval by a majority vote of all the members of
the sangguniang panlungsod, grant a franchise to any person,
partnership, corporation or cooperative to do business within the City;
establish, construct, operate and maintain ferries, wharves, markets or
slaughterhouses; or undertake such other activities within the City as
may be allowed by existing laws:
Provided, That cooperatives shall be given preference in the grant of such franchise.
(4)
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
performances, 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 basic services and facilities as
provided for under the Local Government Code of 1991 and, in addition to
said services and facilities, 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 or regulate
the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate
stands to be occupied by public vehicles when not in use; regulate the
putting up of signs, signposts, awnings and awning posts on the streets;
and provide for the lighting, cleaning and sprinkling of streets and
public places;
(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 and, for this purpose, extend the coverage of appropriate
ordinances over all territory within the drainage area of said water
supply within one hundred meters (100 m.) of the reservoir, canal,
conduit, aqueduct, pumping station or watershed used in connection with
the water service; and regulate the consumption, use or wastage of water
and fix and collect charges thereof;
(viii) Regulate the
drilling and excavation of the ground for the laying of water, gas,
sewer and other pipes and the construction, repair and maintenance of
public drains, sewers, cesspools, tunnels and similar structures;
regulate the placing of poles and the use of crosswalks, curbs and
gutters; adopt measures to ensure public safety against open canals,
manholes, live wires and other similar hazards to life and property; and
regulate the construction and use of private water closets, privies and
other similar structures in buildings and homes;
(ix) Regulate
the placing, stringing, attaching, installing, repair and construction
of all gas mains, electric telegraph and telephone wires, conduits,
meters and other apparatus; and provide for the correction, condemnation
or removal of the same when found to be dangerous, defective otherwise
hazardous to the welfare of the inhabitants;
(x) Subject to the
availability of funds and to existing laws, rules and regulations,
establish and provide for the operation of vocational and technical
schools and similar post-secondary institutions and, with the approval
of the Technical Education and Skills Development Authority (TESDA), and
subject to existing laws on tuition fees, fix and collect reasonable
tuition fees and others school charges in educational institutions
supported by the city government;
(xi) Establish a scholarship
fund for the poor but deserving students in schools located within its
jurisdiction or for students residing within the City;
(xii) Approve measures and adopt quarantine regulations to prevent the introduction and 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 persons with disabilities (PWD), 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.
(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 Cabuyao 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
he or she is a member, which relationship may result in conflict of
interests. Such relationship shall include:
(1) Ownership of stock or capital, or investment in the entity or firm to which the ordinance or resolution may apply; and
(2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect.
In
the absence of a specific constitutional or statutory provision
applicable to this situation, "conflict of interest" refers, in general,
to one where it may be reasonably deduced that a member of a sanggunian
may not act in the public interests due to some private, pecuniary or
other personal considerations that may tend to affect his or her
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 or she 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
panglungsod 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 result.
(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 Cabuyao, to arrest the absent
member and present him or her at the session.
(c) If there is
still no quorum despite the enforcement of the immediately preceding
subsection, no business shall be transacted. The presiding officer, upon
proper motion duly approved by the members present, shall then declare
the session adjourned for lack of quorum.
SEC. 16.
Approval of Ordinances.—(a)
Every ordinance enacted by the sangguniang panlungsod shall be
presented to the city mayor. If the city mayor approves the same, he or
she shall affix his or her signature on each and every page thereof,
otherwise, he or she shall veto it and return the same with his or her
objections to the sanggunian, which may proceed to reconsider the same.
The sanggunian, may override the veto of the city mayor by two-thirds
(2/3) vote of all its members, thereby making the ordinance or
resolution effective for all legal intents and purposes.
(b) The
veto shall be communicated by the city mayor to the sanggunian within
ten (10) days; otherwise, the ordinance shall be deemed approved as if
he had signed it.
SEC. 17.
Veto Power of the City Mayor.— (a) The city mayor may veto any ordinance of the sangguniang panlungsod on the ground that it is
ultra vires or prejudicial to the public welfare, stating 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 effect the item or items which
are not objected to. The vetoed item or items shall not take effect
unless the sangguniang panglungsod 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 the 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 enactment, the sangguniang barangay
shall furnish copies of all barangay ordinances to the sangguniang
panlungsod for review as to
whether the ordinances are consistent with law or city ordinances.
(b)
If the sangguniang panlungsod fails to take action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall
be deemed approved.
(c) If the sangguniang panlungsod finds the
barangay ordinances inconsistent with law or city ordinances, the
sangguniang panlungsod shall, within thirty (30) days from receipt
thereof, return the same with its comments and recommendations to the
sangguniang barangay concerned for adjustment, amendment or
modification; in which case, the effectivity of the barangay ordinance
is suspended until such time as the revision called for is effected.
SEC. 20.
Enforcement of Disapproved Ordinances or Resolutions.—Any
attempt to enforce any ordinance or any resolution approving the local
development plan and the public investment program after 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 Cabuyao
and in at least two (2) other conspicuous places in the City of Cabuyao
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
Cabuyao not later than five (5) days after approval thereof. The text of
the ordinance or resolution shall be disseminated and posted in
Filipino or English, and the secretary of the sangguniang panlungsod
shall record such fact in a book kept for the purpose, stating the dates
of approval and posting.
(c) The main features of the ordinance
or 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 and the Punong Barangay.—(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 his or her 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 sangguniang 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 his or her 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 party
as that of the sanggunian member who caused the vacancy and shall serve
the unexpired term of the vacant office.
In the appointment
herein mentioned, a nomination and a certificate of membership of the
appointee from the highest official of the political party concerned are
conditions
sine qua non, and any appointment without such nomination and certification shall be null and void
ab initio and shall be a ground for administrative action against the official responsible therefor;
(c)
In case the permanent vacancy is caused by a sanggunian member who does
not belong to any political party, the city mayor shall, upon the
recommendation of the sangguniang panlungsod, appoint a qualified person
to fill the vacancy; and
(d) In case of vacancy in the
representation of the youth and the barangay in the sangguniang
panlungsod, said vacancy shall be filed 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 his or her
duties for physical or legal reasons such as, but not limited to, leave
of absence, travel abroad and suspension from office, the city vice
mayor or the highest ranking sangguniang panlungsod member shall
automatically exercise the powers and perform the duties and functions
of the city mayor, except the power to appoint, suspend or dismiss
employees which can only be exercised if the period of temporary
incapacity exceeds thirty (30) working days.
(b) Said temporary
incapacity shall terminate upon submission to the sangguniang panlugsod
of a written declaration by the city mayor that he or she has reported
back to office. In case where the temporary incapacity in 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 travelling within the country but outside the territorial
jurisdiction for a period not exceeding three (3) consecutive days, he
or she may designate in writing the officer-in-charge of his or her
office. Such authorization shall specify the powers and functions that
the local official concerned shall exercise in the absence of the city
mayor, except the power to appoint, suspend or dismiss employees.
(d)
In the event, however, that the city mayor fails or refuses to issue
such authorization, the city vice mayor or the highest ranking
sangguniang panlungsod member, as the case may be, shall have the right
to assume the powers, duties and functions of the said office on the
fourth (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 he or she is a citizen of the
Philippines, a resident of the City of Cabuyao, of good moral character,
a holder of a college degree preferably in law, commerce or public
administration from a recognized college or university and a first grade
civil service eligible or its equivalent.
(c) The secretary to the sangguniang panlungsod shall take charge of the office of the sangguniang panlungsod, and shall:
(1) Attend meetings of the sangguniang panlungsod and keep a journal of its proceedings;
(2)
Keep the seal of the City and affix the same with his or her signature
to all ordinances, resolutions and other official acts of the
sangguniang panlungsod, and present the same to the presiding officer
for his or her 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 Section 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
his or her 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 in his or her 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
Department 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 he or she shall
report regularly on the tax collection efforts of the City.
(c)
No person shall be appointed city treasurer unless he or she is a
citizen of the Philippines, a resident of the City of Cabuyao, of good
moral character, a holder of a college degree preferably in commerce,
public administration or law from a recognized college or university,
and a first grade civil service eligible or its equivalent. He or she
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)
Advice 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 Cabuyao, of good moral character, a holder of a college
degree preferably in civil or mechanical engineering, commerce or any
other related course from a recognized college or university, and a
first grade civil service eligible or its equivalent. He or she must
have an experience in real property assessment work or any related field
for at least five (5) years immediately preceding the date of his or
her 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 frequent physical surveys to
verify and determine whether all real properties within the City are
properly listed in the assessment rolls;
(7) Exercise the functions of appraisal and assessment primarily for taxation purposes of all real properties in the City;
(8)
Prepare a schedule of the fair market value of the different classes of
real properties in accordance with the provisions of the Local
Government Code of 1991;
(9) Issue, upon request of any
interested party, certified copies of assessment records of real
properties and all other records relative to its assessment upon payment
of a service charge or fee to the city treasurer;
(10) Submit
every semester a report of all assessments, as well as cancellations and
modifications of assessments to the city mayor and the sangguniang
panlungsod;
(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 under the Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, and those that are prescribed by law or
ordinance.
SEC. 29.
The City Accountant.—(a) The city
accountant must be a citizen of the Philippines, a resident- of the City
of Cabuyao, 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 his or her
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 and post in index cards details of purchased furniture,
fixtures and equipment, including disposal thereof, if any;
(11) Account for all issued requests for obligations and maintain and keep all records and reports related thereto;
(12) Prepare journals and the analysis of obligations and maintain and keep all records and reports related thereto; and
(13)
Perform such other duties and functions and exercise such other powers
as provided for under 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 Cabuyao, of good moral character, 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 his or her 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 budgetary 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.
(c) The city budget officer shall receive such compensation emoluments and allowances as may be determined by law.
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 Cabuyao, 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. He or she must have acquired experience in
development planning or in any related field for at least five (5) years
immediately preceding the date of his or her 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 and 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 Cabuyao, of good moral character and a licensed civil
engineer. He or she must have acquired experience in the practice of
profession for at least five (5) years immediately preceding the date of
his or her 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 Cabuyao, of good moral character and a licensed
medical practitioner. Her or she must have acquired experience in the
practice of his or her profession for at least five (5) years
immediately preceding the date of his or her 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 said office, formulate program
implementation guidelines and rules and regulations for the operation
of the said office for the approval of the city mayor in order to assist
him or her 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 sangguninag panlungsod, through the local health
board, the passage of such ordinance as he or she 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 of the Philippines;
(vii)Conduct health information campaigns and render health intelligence services;
(vii)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
in the aftermath of man-made and natural disasters or calamities.
(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 Cabuyao, of good moral character, a holder of a
college degree from a recognized college or university, and a first
grade civil service eligible or its equivalent. He or she must have
acquired experience in civil registry work for at least five (5) years
immediately preceding the date of his or her 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 Cabuyao, 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 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 Cabuyao.
(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 Cabuyao, of good moral character, a holder of a college degree
preferably in 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. He or she must have acquired experience in
management and administrative work for at least five (5) years
immediately preceding the date of his or her 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 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 or she 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 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 Cabuyao, of good moral character and a member of the
Philippine Bar. He or she must have practiced his or her profession for
at least five (5) years immediately preceding the date of his or her
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 or her
official capacity, is a party:
Provided, That in actions 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
instruments already drawn;
(5) Render his or her 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;
(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)
The city social welfare and development officer must be a citizen of
the Philippines, a resident of the City of Cabuyao, 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. He or she must have acquired experience in
the practice of social work for at least five (5) years immediately
preceding the date of his or her appointment.
(b) The city social
welfare 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, and 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 and 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 Cabuyao, of good moral character and a licensed doctor of
veterinary medicine. He or she must have practiced his or her
profession for at least three (3) years immediately preceding the date
of his or her 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 the 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 diary 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 and natural disasters or calamities;
(9) Recommend to
the sangguniang panlungsod and advise the city mayor on the 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 as 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 Cabuyao, of good moral character, a holder of
a college degree in public administration, business administration or
management from a recognized college or university, and a first grade
civil service eligible or its equivalent. He or she 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
carrying 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) Recommend to the city
mayor reasonable rental rates of private properties which may be leased
for the official use of the local government unit;
(7) 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;
(8)
Collate and disseminate information regarding prices, shipping and
other costs of supplies and other items commonly used by the local
government unit;
(9) Perform archival and record management with respect to records of offices and departments of the local government unit;
(10)
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;
(11)
Be in the frontline of general services-related activities, such as the
possible and imminent destruction or damage to records, supplies,
properties and structure materials or debris, particularly during and in
the aftermath or man-made and natural disasters or calamities;
(12) Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to general services; 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. 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 Cabuyao, 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. He or she must have acquired experience in environment and
natural resources management, conservation and utilization work for at
least five (5) years immediately preceding the date of his or her
appointment.
(b) The city environment and natural resources
officer shall receive such compensation, emoluments and allowances as
may be determined by law.
(c) The city environment and natural resources officer shall take charge of the 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 as 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 forests, watersheds, tree
parks, mangroves, greenbelts and similar forest projects and
commercial forests, 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 forests 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 (DENR);
(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 Cabuyao, of good moral character, and a duly licensed
architect. He or she must have practiced his or her profession for at
least five (5) years immediately preceding the date of his or her
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 design, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services and the
provision of adequate facilities relative to architectural planning and
design;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with architectural planning and design programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide for under the Local
Government Code 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 design submitted by governmental
and nongovernmental entities or individuals, particularly those for
undeveloped, underdeveloped and poorly designed areas;
(5)
Coordinate with government and nongovernment entities and 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 on
all 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 Cabuyao, 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. He or she must have
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 his or her appointment.
(b) The city information officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city information officer shall take charge of the city information and community relations department, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
providing the information and research data required for the delivery of
basic services and the provision of adequate facilities so that the
public becomes aware of said services and may fully avail of the same;
(2)
Develop plans and strategies and, upon approval thereof by the city
mayor, implement the same, particularly those which have to do with
public information and research data to support programs and projects
which the city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide;
(3) 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 and
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
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 Cooperative Officer.—
(a) The city cooperatives officer must be a citizen of the Philippines,
a resident of the City of Cabuyao, of good moral character, a holder of
a college degree preferably business administration with special
training on cooperatives or in any other related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He or she must have acquired experience in
cooperatives organization and management for at least five (5) years
immediately preceding the date of his or her appointment.
(b) The city cooperatives officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city cooperatives officer shall take charge of the office for the development of cooperatives, and shall:
(1)
Formulate measures for the consideration of the sangguniang panlungsod
and provide technical assistance and support to the city mayor in
carrying out measures to ensure the delivery of basic services apd 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
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 Cabuyao, of good moral character, a holder of a
college degree preferably with specialized training in population
development from a recognized college or university, and a first grade
civil service eligible or its equivalent. He or she 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 his or her 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 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 Cabuyao, 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. He or she must have practiced his or her
profession in agriculture or acquired the experience in a related field
for at least five (5) years immediately preceding the date of his or her
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 aquacultural
and marine products are extended to farmers, fishermen and local
entrepreneurs;
(ii) Conduct or cause to be conducted
location-specific agricultural researches and assist in making available
the appropriate technology arising out of and disseminating information
on basic research on crops, prevention and control of plant diseases
and pests, and other agricultural matters which will maximize
productivity;
(iii) Assist the city mayor in the establishment
and extension services of demonstration farms on aquaculture and marine
products;
(iv) Enforce rules and regulations relating to agriculture and aquaculture;
(v)
Coordinate with government agencies and nongovermental 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 all other
matters related to agriculture and aquaculture which will improve the
livelihood and the living conditions of the inhabitants; and
(6)
Performs 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, AND
THE CITY PROSECUTION SERVICESEC. 46.
The City Fire Station Service.—
(a) There shall be established in the City at least one (1) fire
station with adequate personnel, firefighting facilities and equipment,
subject to the standards, rules and regulations that may be promulgated
by the Department of the Interior and Local Government (DILG). The City
shall provide the necessary land or site of the station.
(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 Jail 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 of Jail Service.—(a)
There shall be established and maintained in the City a secure, clean,
adequately equipped and sanitary jail for the custody and safekeeping of
prisoners, any fugitsive from justice, or person detained awaiting
investigation or trial and/or violent mentally ill person who endangers
himself or herself 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
the Bureau of Fire Protection and Bureau of Jail Management and Penology
Professionalization Act of 2004. He or she 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 established and maintained by the Department of
Education (DepED), a city schools division in the City of Cabuyao
whose area of jurisdiction will cover all 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.
ARTICLE IX
TRANSITORY AND FINAL PROVISIONS
SEC. 50.
Municipal Ordinances Existing at the Time of the Approval of this Act—AW
municipal ordinances of the Municipality of Cabuyao existing at the
time of the approval of this Act shall continue to be in force within
the City of Cabuyao until the sangguniang panlungsod shall declare
otherwise.
SEC. 51.
Plebiscite.—The City of Cabuyao 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 Cabuayo within thirty (30)
days from the approval of this Act. The Commission on Elections shall
conduct and supervise such plebiscite.
The expenses for such plebiscite shall be borne by the Municipality of Cabuyao.
SEC. 52.
Officials of the City of Cabuyao.—The
present elective officials of the Municipality of Cabuyao 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 Cabuyao.
SEC. 53.
Succession Clause.—The City of Cabuyao shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Cabuyao.
SEC. 54.
Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Laguna.—The
qualified voters of the City of Cabuyao shall be qualified to vote and
run for any elective position in the elections for provincial governor,
provincial vice governor, sangguniang panlalawigan members and other
elective officials for the Province of Laguna.
SEC. 55.
Jurisdiction of the Province of Laguna.—The City of Cabuyao shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Laguna.
SEC. 56.
Suspension of Increase in Rates of Local Taxes.—No
increase in the rates of local taxes shall be imposed by the City
within the period of five (5) years from its acquisition of corporate
existence.
SEC. 57.
Representative District.—Until
otherwise provided by law, the City of Cabuyao shall continue to be a
part of the Second Congressional District of the Province of Laguna.
SEC. 58.
Applicability of Laws.—The
provisions of the Local Government Code of 1991, and other laws
pertaining to the Province of Laguna and such laws as are applicable
shall govern the City of Cabuyao insofar as they are not inconsistent
with the provisions of this Act.
SEC. 59.
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. 60.
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 President of
the Senate |
(Sgd.) FELICIANO BELMONTE JR. Speaker
of the House of Representatives |
|
This Act which originated in the House of Representatives was finally passed
by the House of Representatives and the Senate on March 6,2012 and March 7,
2012, respectively.
|
(Sgd.) EMMA
LIRIO-REYES Secretary of the Senate |
(Sgd.) MARILYN B. BARUA-YAP Secretary
General House of Representatives |
|
Approved, MAY 16, 2012
(Sgd.) BENIGNO S. AQUINO III
President
of the Philippines