ARTICLE I
General Provisions
Section 1. Title. — This Act shall be known as the
"Charter of the City of Maasin."
Sec. 2. The City of Maasin. — The Municipality of
Maasin shall be converted into a component city to be known as the City
of Maasin, hereinafter referred to as the City, which shall comprise
the present territory of the Municipality of Maasin over which it has
jurisdiction, bounded on the northeast by the Municipality of Tomas
Oppus; on the northwest by the Municipality of Matalom; on the south by
the Canigao Channel and the Municipality of Macrohon; and on the west
by the Canigao Channel.
The City of Maasin, Southern Leyte has the following metes and bounds:
Bounded on the South, along points 1 to 2 by the Mindanao Sea; Bounded
on the West, along points 2 to 3 by the Canigao Channel; Bounded on the
Northwest, along points 3 to 4 by the Municipality of Matalom, Leyte;
Bounded on the North, along points 4 to 5 by the Municipality of
Bontoc; Bounded on the Northeast, along points 5 to 7 by the
Municipality of Tomas Oppus; Bounded on the East, along points 7 to 9
by the Municipality of Malitbog; Bounded on the Southeast, along points
9 to 10 to the point of beginning by the Municipality of Macrohon.
Beginning from point 1 on the map:
POINTS LATITUDE LONGITUDE
1. (MBM # 1, Cad 643-D)
10-06-51.85N., 124-53-38.26 E.
following the course of Mindanao Sea until it intersects Canigao
Channel;
2. 10-08-08.78 N., 124-46-39.52 E.
following the course of Canigao Channel in the Northwest direction
until it intersects the common boundary of municipalities of Matalom
and Maasin;
3. 10-11-22.59 N., 124-45-14.96 E.
following the common boundary of Matalom and Maasin: in the Northeast
direction;
4. 10-15-22.09 N., 124-52-23.00 E.
following the common boundary of Bontoc and Maasin in the Northeast
direction;
5. (MBM # 6, Cad 854-D) 10-15-36.85
N., 124-55-04.99 E.
6. (MBM # 5, Cad 854-D) 10-14-39.39
N., 124-56-32.21 E.
7. (MBM # 4, Cad 854-D) 10-14-03.24
N., 124-56-51.8 E.
following common boundary of municipalities of Malitbog and Maasin in
the Southwest direction until it intersects the Amparo River;
8. (MBM # 6, Cad 521-D) 10-12-21.71
N., 124-55-41.59 E.
following the course of Amparo River until it intersects the common
boundary of municipalities of Macrohon and Maasin;
9. (MBM # 3, Cad 643-D) 10-09-11.27
N., 124-56-37.05 E.
10. (MBM # 2, Cad 643-D) 10-07-56.97
N., 124-54-29.32 E.
to the point of beginning containing an area of twenty-one thousand one
hundred seventy-one (21,171) hectares based on the approved cadastral
survey of Cad 440-D.
The reference boundary data are based on Cad 854-D (Tomas Oppus
Cadastre), Cad 521-D (Malitbog Cadastre), Cad 643-D (Matalom Cadastre),
and Cad 742-D (Bontoc Cadastre).
The foregoing provision shall be without prejudice to the resolution by
the appropriate agency or forum of existing boundary disputes or cases
involving questions of territorial jurisdiction between the City of
Maasin and the adjoining local government units.
Sec. 3. Corporate Powers of the City. — The City
constitutes a political body corporate and as such is endowed with the
attributes of perpetual succession and possessed of the powers which
pertains to a municipal corporation to be exercised in conformity with
the provision of this Charter. The City shall have the following
corporate powers:
(a) To have a continuous succession in its corporate
name;
(b) To sue and be sued;
(c) To have and use a corporate seal;
(d) To acquire, hold and convey real or personal
property;
(e) To enter into any contracts and/or agreements; and
(f) To exercise such other powers, prerogatives or
authority subject to the limitations provided in this Act or laws.
Sec. 4. General Powers. — The City shall have a
common seal and may alter the same at pleasure. It shall exercise the
powers to levy taxes; to close and open roads, streets, alleys, parks
or squares; to take, purchase, receive, hold, lease, convey and dispose
of real and personal property for the general interests of the City; to
appropriate or condemn private property for public use; to contract and
be contracted with, to sue and be sued; to prosecute and defend to
final judgment and execution suits wherein the City is involved or
interested in and to exercise all the powers as are granted to
corporations or as hereinafter granted.
Sec. 5. Liability for Damages. — The City and its
officials shall not be exempt from liability for death or injury to
persons or damage to property.
Sec. 6. Jurisdiction of the City. — The
jurisdiction of the City of Maasin, 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
(100) meters of any reservoir, conduit, canal, aqueduct or pumping
station used in connection with the city water service.
The regional trial courts and the city courts of the City of Maasin
shall have concurrent jurisdiction with the regional trial courts and
the metropolitan trial courts or city or municipal trial courts of the
adjoining municipalities to try crimes and misdemeanor committed within
the said drainage area, or within said space of one hundred (100 )
meters. The court first taking jurisdiction of such offense shall
thereafter retain exclusive jurisdiction thereof. But any license that
may be issued within said zone, area or 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.
ARTICLE II
City Officials in General
Sec. 7. The Officials of the City of Maasin. — (a)
There shall be in the City: a city mayor, a city vice mayor,
sangguniang panlungsod members, a secretary to the sangguniang
panlungsod, a city treasurer and an assistant city treasurer, a city
assessor and an assistant city assessor, a city accountant, a city
budget officer, a city planning and development coordinator, a city
engineer, a city health officer, a city civil registrar, a city
administrator, a city legal officer, a city social welfare and
development officer, a city veterinarian, a city general services
officer, a city agriculturist, an environment and natural resources
officer, and a city cooperatives officer;
(b) In addition thereto, the city mayor may appoint a
city architect, a city information officer, and a city population
officer;
(c) The City shall establish a city fire station to
be headed by a city fire marshal, a city jail to be headed by a city
jail warden, a city school division to be headed by a city school
division superintendent, and a city prosecution service to be headed by
a city prosecutor; and
(d) The City 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 government; or
(3) Consolidate the functions of any office with
those of another in the interest of efficiency and economy.
Unless otherwise provided herein, heads of departments and offices
shall be appointed by the city mayor with the concurrence of the
majority of all the sangguniang panlungsod members, subject to civil
service law, rules and regulations. The sangguniang panlungsod shall
act on the appointment within fifteen (15) days from the day of its
submission, otherwise the same shall be deemed confirmed.
ARTICLE III
The City Mayor and Vice Mayor
Sec. 8. The City Mayor. — (a) The city mayor shall
be the chief executive of the City. He shall be elected at large by the
qualified voters of the City.
No person shall be eligible for the position of city mayor unless at
the time of the election:
(1) He is at least twenty-one (21) years of age;
(2) An actual resident of the City for at least one
(1) year prior to his election; and
(3) A qualified voter therein.
He shall hold office for three (3) years, unless sooner removed, and
shall receive a minimum monthly compensation corresponding to salary
grade thirty (30) as prescribed under Republic Act No. 6758 and the
implementing guidelines issued pursuant thereto.
(b) The city mayor, as the chief executive of the
city government shall exercise such powers and perform such duties and
functions as provided by the Local Government Code of 1991 and other
laws:
(1) Exercise those powers expressly granted to him by
law, those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for the efficient and effective governance
of the City and those which are essential to the promotion of general
welfare:
(a) Determine the guidelines of city policies and be
responsible to the sangguniang panlungsod for the program of government;
(b) Direct the formulation of the city development
plan with the assistance of the city development council and upon
approval thereof by the sangguniang panlungsod, implement the
same;
(c) Present the program of government and propose
policies and projects for the consideration of the sangguniang
panlungsod at the opening of the regular session of the sangguniang
panlungsod every calendar year and as often as may be deemed necessary
as the general welfare of the inhabitants and the needs of the city
government may require;
(d) Initiate and propose legislative measures to the
sangguniang panlungsod and as often as may be deemed necessary, provide
such information and data needed or requested by said sanggunian in the
performance of its legislative functions;
(e) Appoint all officials and employees whose
salaries and wages are wholly or mainly paid out of city funds and
whose appointments are not otherwise provided for in this Act as well
as those he may be authorized by law to appoint except those who are to
be appointed by the vice mayor as provided in Sec. 9 hereof;
(f) Represent the City in all its business
transactions and sign on its behalf all bonds, contracts, obligations,
and such other documents with authority from the sangguniang panlungsod
or pursuant to law or ordinance;
(g) Carry out such emergency measures as may be
necessary during and in the aftermath of man-made and natural disasters
and calamities;
(h) Determine the time, manner and place of payment
of salaries or wages of the city officials and employees, in accordance
with law or ordinance;
(i) Allocate and assign office space to the city
officials and employees who, by law or ordinance, are entitled to such
space in the city hall and other buildings owned or leased by the city
government;
(j) Ensure that all executive officials and employees
of the City faithfully discharge their duties and functions as provided
by law and this Act and cause to be instituted administrative or
judicial proceedings against any official or employee of the City who
may have committed an offense in the performance of his official
duties;
(k) Examine the books, records and other documents of
all offices, officials, agents or employees of the City and, in aid of
his executive powers and authority, require all national officials and
employees stationed in or assigned to the City to make available to him
such books, records and other documents in their custody except those
classified by law as confidential;
(l) Furnish copies of executive orders issued by him
to the office of the governor within seventy-two (72) hours after their
issuance;
(m) Visit component barangays of the City at least
once every six (6) months to deepen his understanding of problems and
conditions, listen and give appropriate counsel to local officials and
inhabitants of general laws and ordinances which especially concern
them, and otherwise conduct visits and inspections to ensure that the
governance of the City will improve the quality of life of the
inhabitants;
(n) Act on leave applications of officials and
employees appointed by him and the commutation of the monetary value of
their leave credits in accordance with law;
(o) Authorize official trips of city officials and
employees outside of the City for a period not exceeding thirty (30)
days;
(p) Call upon any national official or employee
stationed in or assigned to the City to advise him on matters affecting
the City and to make recommendations thereon; coordinate with said
officials and employees in the formulation and implementation of plans,
programs and projects; and when appropriate, initiate an administrative
or judicial action against a national government official or employee
who may have committed an offense in the performance of his official
duties while stationed in or assigned to the City;
(q) Authorize payment for medical care, necessary
transportation, subsistence, hospital or medical fees of city officials
and employees who are injured while in the performance of their
official duties and functions, subject to availability of funds;
(r) Solemnize marriages, any provision of law to the
contrary notwithstanding;
(s) Conduct an annual palarong panlungsod which shall
feature traditional sports and disciplines included in national and
international games, in coordination with the Department of Education,
Culture and Sports; and
(t) Submit to the provincial governor the following
reports: 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; supplemental reports when unexpected events and situations
arise at any time during the year, particularly when man-made or
natural disasters or calamities affect the general welfare of the City.
(2) Enforce all laws and ordinances relative to the
governance of the City and in the exercise of its appropriate powers as
well as implement all approved policies, programs, projects, services
and activities of the City and in addition shall:
(a) Ensure that the acts of the City's component
barangays and of its officials and employees are within the scope of
their prescribed powers, duties and functions;
(b) Call conventions, conferences, seminars, or
meetings of elective or appointive officials of the City, including
provincial and national officials and employees stationed in or
assigned to the City, at such time and place and on such subject he may
deem important for the promotion of the general welfare of the local
government unit and its inhabitants;
(c) Issue such executive orders for the faithful and
appropriate enforcement and execution of laws and ordinances;
(d) Be entitled to carry the necessary firearms
within his territorial jurisdiction;
(e) Act as the deputized representative of the
National Police Commission, formulate the peace and order plan of the
City, upon its approval, implement the same; and as such exercise
general and operational control and supervision over the police forces
in the City in accordance with Republic Act No. 6975; and
(f) Call upon the appropriate law enforcement
agencies to suppress disorder, riot, lawless violence, rebellion or
sedition, or apprehend violators of the law when public interest so
requires and the city police forces are inadequate to cope with the
situation or the violators.
(3) Initiate and maximize the generation of resources
and revenues and apply the same to the implementation of development
plans, program objectives and priorities, particularly the resources
and revenues programmed for agro-industrial development and countryside
growth and progress, and relative thereto, shall:
(a) Require each head of an office or department to
prepare and submit an estimate of appropriations for the ensuing
calendar year, in accordance with the provisions of the Local
Government Code of 1991;
(b) Prepare and submit to the sanggunian for approval
the executive and supplemental budgets of the City for the ensuing
calendar year in the manner provided for under the Local Government
Code of 1991;
(c) Ensure that all taxes and other revenues of the
City are collected and that city funds are applied to the payment of
expenses and settlement of obligations of the City, in accordance with
law or ordinance;
(d) Issue licenses and permits and suspend or revoke
the same for any violation of the conditions upon which said licenses
or permits had been issued pursuant to law or ordinance. This also
includes the issuance of licenses and permits to gambling operations
authorized by law subject to the ordinance of the sangguniang
panlungsod;
(e) Issue permits without need of approval therefore
from any national agency, for the holding of activities for any
charitable or welfare purpose, excluding prohibited games or shows
contrary to law, public policy and public morals;
(f) Require owners of illegally constructed houses,
buildings or other structures to obtain the necessary permit, subject
to such fines and penalties as may be imposed by law or ordinance, or
to make necessary changes in the construction of the same when said
construction violates any law or ordinance, or to order the demolition
or removal of said house, building or structure within the period
prescribed by law or ordinance;
(g) Adopt adequate measures to safeguard and conserve
land, mineral, forest, marine and other resources of the City;
(h) Provide efficient and effective property and
supply management in the City; and protect the funds, credits, rights
and other properties of the City; and
(i) Institute or cause to be instituted
administrative or judicial proceedings for violation of ordinances in
the collection of taxes, fees or charges, and for the recovery of funds
and property; and cause the City to be defended against all suits to
ensure that its interests, resources and rights shall be adequately
protected.
(4) Ensure the delivery of basic services and the
provision of adequate facilities and in addition thereto:
(a) Ensure that the construction and repair of roads
and highways funded by the national government shall be, as far as
practicable, carried out in a spatially contiguous manner and in
coordination with the construction and repair of the roads and bridges
of the City and of the province; and
(b) Coordinate the implementation of technical
services, including public works and infrastructure programs, rendered
by national offices and provincial office.
(5) Exercise such other powers and perform such other
duties and functions as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 9. The City Vice Mayor. — (a) There shall be
a vice mayor who shall be elected in the same manner as the city mayor
and shall at the time of his election possess the same qualifications
as the city mayor. He shall hold office for three (3) years, unless
sooner removed, and shall receive a monthly compensation corresponding
to salary grade twenty-six (26) as prescribed under Republic Act No.
6758 and the implementing guidelines issued pursuant thereto.
(b) The city vice mayor shall exercise the following
duties:
(1) Act as presiding officer of the sangguniang
panlungsod and sign all warrants drawn on the city treasury for all
expenditures appropriated for the operation of the sangguniang
panlungsod;
(2) Subject to civil service law, rules and
regulations, appoint all officials and employees including the
secretary of the sangguniang panlungsod, and such employees of the
individual members of the sangguniang panlungsod, except those whose
manner of appointment is specifically provided for under existing laws;
(3) Assume the office of the city mayor for the
unexpired term of the latter in the event of permanent vacancy;
(4) Exercise the powers and perform the duties and
functions of the city mayor in
cases of temporary vacancy; and
(5) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
ARTICLE IV
The Sangguniang Panlungsod
Section 10. The Sangguniang Panlungsod. — The
sangguniang panlungsod, the legislative body of the City, shall be
composed of the city vice mayor as presiding officer, ten (10) regular
sanggunian members, the president of the city chapter of the liga ng
mga barangay, the president of the panlungsod na pederasyon ng mga
sangguniang kabataan and the sectoral representatives, as members.
(a) In addition thereto, there shall be three (3)
sectoral representatives: one (1) from the women; and as shall be
determined by the sangguniang panlungsod within ninety (90) days prior
to the holding of the local elections, one (1) from the agricultural or
industrial workers; and one (1) from the other sectors, including the
urban poor, indigenous cultural communities or disabled persons.
(b) The regular members of the sangguniang panlungsod
and the sectoral representatives shall be elected in the manner as may
be provided for by law. The elective members of the sangguniang
panlungsod shall possess the qualifications as provided under Sec. 39 of Republic Act No. 7160.
(c) They shall receive such compensation, emoluments
and allowances as may be determined by law.
(d) The sangguniang panlungsod shall:
(1) Approve ordinances and pass resolutions necessary
for an efficient and effective city government, and relative hereto
shall:
(a) Review all ordinances approved by the sangguniang
barangay and executive orders issued by the punong barangay to
determine whether these are within the scope of the prescribed powers
of the sangguniang barangay and of the punong barangay;
(b) Maintain peace and order by enacting measures to
prevent and suppress lawlessness, disorder, riot, violence, rebellion
or sedition and impose penalties for the violation of said ordinances;
(c) Approve ordinances imposing a fine not exceeding
Five thousand pesos (P5,000.00) or an imprisonment for a period not
exceeding one (1) year, or both at the discretion of the court, for
violation of a city ordinance;
(d) Adopt measures to protect the inhabitants of the
City on harmful effects of man-made or natural disasters and
calamities, and to provide relief services and assistance for victims
during and in the aftermath of said disasters or calamities and in
their return to productive livelihood following said events;
(e) Enact ordinances intended to prevent, suppress
and impose appropriate penalties for habitual drunkenness in public
places, vagrancy, mendicancy, prostitution, establishment and
maintenance of houses of ill-repute, gambling and other prohibited
games of chance, fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution or exhibition of
obscene or pornographic materials or publications, and such other
activities inimical to the welfare and morals of the inhabitants of the
City;
(f) Protect the environment and impose appropriate
penalties for acts which endanger the environment, such as dynamite
fishing and other forms of destructive fishing, illegal logging,
smuggling of logs, smuggling of natural resources products and of
endangered species of flora and fauna, slash-and-burn farming and such
other activities which result in pollution, acceleration of
eutrophication of rivers and lakes or of ecological
imbalance;
(g) Subject to the provision of the Local Government
Code of 1991 and the pertinent laws, determine the powers and duties of
officials and employees of the City;
(h) Determine the positions and the salaries, wages,
allowances and other emoluments and benefits of officials and employees
paid wholly or mainly from city funds and provide for expenditures
necessary for the proper conduct of programs, projects, services and
activities of the city government;
(i) Authorize the payment of compensation to a
qualified person not in the government service who fills up a temporary
vacancy or grant honorarium to any qualified official or employee
designated to fill a temporary vacancy in a concurrent capacity at the
rate authorized by law;
(j) Provide a mechanism and the appropriate funds
therefore, to ensure the safety and protection of all city government
property, public documents or records such as those relating to
property inventory, land ownership, record of births, marriages,
deaths, assessments, taxation, accounts, business permits and such
other records and documents of public interest in the offices and
departments of the city government;
(k) When the finances of the city government allow,
provide for additional allowances and other benefits to judges,
prosecutors, public elementary and high school teachers and other
national government officials stationed in or assigned to the City;
(l) Provide legal assistance to city and barangay
officials including the members of the city police who, in the
performance of their official duties or on the occasion thereof, have
to initiate judicial proceedings or defend themselves against legal
actions. The sangguniang panlungsod may authorize the city mayor to
engage the services of private counsel for this purpose; and
(m) Provide for group insurance or additional
insurance coverage for all officials, including members of barangay
tanod brigades and other service units, with public or private
insurance companies, when the finances of the city government allows
said coverage.
(2) Generate and maximize the use of resources and
revenues for the development plans, program objectives and priorities
of the City, with particular attention to agro-industrial development
and city-wide growth and progress, and relative thereto, shall:
(a) Approve the annual and supplemental budgets of
the city government and appropriate funds for specific programs,
projects, services and activities of the City, or for other purposes
not contrary to law in order to promote the general welfare of the City
and its inhabitants;
(b) Subject to the provisions of Book II of the Local
Government Code of 1991 and the applicable laws, and upon the majority
vote of all the members of the sangguniang panlungsod, enact ordinances
levying taxes, fees and charges, prescribing the rates thereof for
general and specific purposes and granting tax exemption, incentive or
relief;
(c) Subject to the provisions of Book II of the Local
Government Code of 1991 and upon the majority vote of all the members
of the sangguniang panlungsod, authorize the city mayor to negotiate
and contract loans and other forms of indebtedness;
(d) Subject to the provisions of Book II of the Local
Government Code of 1991 and applicable laws, and upon the majority vote
of all the members of the sangguniang panlungsod, enact ordinances
authorizing the floating of bonds or other instruments of indebtedness,
for the purpose of raising funds to finance development projects;
(e) Appropriate funds for the construction and
maintenance or the rental of buildings for the use of the City and upon
the majority vote of all the members of the sangguniang panlungsod,
authorize the city mayor to lease to private parties such public
buildings held in a proprietary capacity, subject to existing laws,
rules and regulations;
(f) Prescribe reasonable limits and restraints on the
use of property within the jurisdiction of the City;
(g) Adopt a comprehensive land use plan for the City
and that, the formulation, adoption or modification of said plan shall
be in coordination within the approved provincial comprehensive land
use plan;
(h) Reclassify lands within the jurisdiction of the
City subject to the pertinent provisions of the Local Government Code
of 1991;
(i) Enact integrated zoning ordinance in consonance
with the approved comprehensive land use plan, subject to existing
laws, rules and regulations; establish fire limits or zones,
particularly in populous centers, and regulate the construction, repair
or modification of buildings within said fire limits or zones in
accordance with the provisions of the Fire Code;
(j) Subject to national law, process and approve
subdivision plans for residential, commercial or industrial purposes
and other development purposes, and to collect processing fees and
other charges, the proceeds of which shall accrue entirely to the City:
provided, however, that where approval of a national agency or office
is required, said approval shall not be withheld for more than thirty
(30) days from receipt of the application. Failure to act on the
application within the period stated above shall be deemed as approval
thereof;
(k) Subject to the provisions of Book II of the Local
Government Code of 1991, grant the exclusive privilege of constructing
fish corrals or fish pens, or the taking or catching of bangus fry,
prawn fry or kawag-kawag, or fry of any species of fish within the city
waters;
(l) With the concurrence of at least two-thirds (2/3)
of all the members of the sangguniang panlungsod, grant tax exemptions,
incentives or relief to entities engaged in community growth-inducing
industries, subject to the provisions of the Local Government Code of
1991;
(m) Grant loans or provide grants to other local
government units or to national, provincial and city charitable,
benevolent or educational institutions: provided, that said
institutions are operated and maintained within the City;
(n) Regulate the numbering of residential, commercial
and other buildings; and
(o) Regulate the inspection, weighing and measuring
of articles of commerce.
(3) Subject to the provisions of the Local Government
Code of 1991, enact ordinances granting franchises and authorizing the
issuance of permits or licenses, upon such conditions and for such
purposes intended to promote the general welfare of the inhabitants of
the City and pursuant to this legislative authority, shall:
(a) Fix and impose reasonable fees and charges for
all services rendered by the city government to private persons or
entities;
(b) Regulate or fix license fees for any business or
practice of profession within the City and the conditions under which
the license for said business or practice of profession may be revoked
and enact ordinances levying taxes thereon;
(c) Provide for and set the terms and conditions
under which public utilities owned by the City shall be operated by the
city government, and prescribe the conditions under which the same may
be leased to private persons or entities, preferably cooperatives;
(d) Regulate the display of and fix the license fees
for signs, signboards or billboards at the place or places where the
profession or business advertised thereby is, in whole or in part,
conducted;
(e) Any law to the contrary notwithstanding,
authorize and license the establishment, operation and maintenance of
cockpits, and regulate cockfighting and commercial breeding of
gamecocks: provided, that existing rights should not be prejudiced;
(f) Subject to the guidelines prescribed by the
Department of Transportation and Communications, regulate the operation
of tricycles and grant franchises for the operation thereof within the
territorial jurisdiction of the City; and
(g) Upon approval by a majority vote of all the
members of the sangguniang panlungsod, grant a franchise to any person,
partnership, corporation or cooperative to do business within the City;
establish, construct, operate and maintain ferries, wharves, markets or
slaughterhouses; or undertake such other activities within the City as
may be allowed by existing laws: 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 said purpose, shall:
(a) Declare, prevent or abate any nuisance;
(b) With the concurrence of a majority of the members
of the sangguniang panlungsod, a quorum being present, deny the entry
of legalized gambling by ordinance into any part of the city or
regulate its location in the city;
(c) Require that buildings and the premises thereof
and any land within the City be kept and maintained in a sanitary
condition; impose penalties for any violation thereof; or upon failure
to comply with said requirement, have the work done at the expense of
the owner, administrator or tenant concerned require the filling up of
any land or premises to a grade necessary for proper sanitation;
(d) Regulate the disposal of clinical and other
wastes from hospitals, clinics and other similar establishments;
(e) Regulate the establishment, operation and
maintenance of cafes, restaurants, beerhouses, hotels, motels, inns,
pension houses, lodging houses and other similar establishments,
including tourist guides and transports;
(f) Regulate the sale, giving away or dispensing of
any intoxicating malt, vino, mixed or fermented liquors at any retail
outlets;
(g) Regulate the establishment and provide for the
inspection of steam boilers or any heating device in buildings and the
storage of inflammable and highly combustible materials within the City;
(h) Regulate the establishment, operation and
maintenance of any entertainment or amusement facilities, including the
theatrical performances, circuses, billiard pools, public dancing
schools, public dance halls, sauna baths, massage parlors and other
places for entertainment or amusement; regulate such other events or
activities for amusement or entertainment, particularly those which
tend to disturb the community or annoy the inhabitants, or require the
suspension or suppression of the same; or prohibit certain forms of
amusement or entertainment in order to protect the social and moral
welfare of the community;
(i) Regulate the establishment, operation and
maintenance of funeral parlors and the burial or cremation of the dead,
subject to existing laws, rules and regulations; and
(j) Provide for the impounding of stray animals;
regulate the keeping of animals in homes or as part of a business, and
the slaughter, sale or disposition of the same; and adopt measures to
prevent and penalize cruelty to animals.
(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic services and facilities
as provided for under the Local Government Code of 1991, and in
addition to said services and facilities, shall:
(a) Provide for the establishment, maintenance,
protection and conservation of communal forest and watersheds, tree
parks, greenbelts, mangroves and other similar forest development
projects;
(b) Establish markets, slaughterhouses or animal
corrals and authorize the operation thereof by the city government; and
regulate the construction and operation of private markets, talipapas
or other similar buildings and structures;
(c) Authorize the establishment, maintenance and
operation by the city government of ferries, wharves and other
structures intended to accelerate productivity related to marine and
seashore or offshore activities;
(d) Regulate the preparation and sale of meat,
poultry, fish, vegetables, fruits, fresh dairy products, and other
foodstuffs for public consumption;
(e) Regulate the use of streets, avenues, alleys,
sidewalks, bridges, parks and other public places and approve the
construction, improvement, repair and maintenance of the same;
establish bus and vehicle stops and terminals or regulate the use of
the same by privately-owned vehicles which serve the public; regulate
garages and operation of conveyances for hire; designate stands to be
occupied by public vehicles when not in use; regulate the putting up of
signs, signposts, awnings and awning posts on the streets; and provide
for the lighting, cleaning and sprinkling of streets and public places;
(f) Regulate traffic on all streets and bridges;
prohibit encroachments or obstacles thereon and, when necessary in the
interest of public welfare, authorize the removal of encroachments and
illegal constructions in public places;
(g) Subject to existing laws, establish and provide
for the maintenance, repair and operation of an efficient waterworks
system to supply water for the inhabitants and to purify the source of
the water supply; regulate the construction, maintenance, repair and
use of hydrants, pumps, cisterns and reservoirs; protect the purity and
quantity of the water supply of the City and, for this purpose, extend
the coverage of appropriate ordinances over all territory within the
drainage area of said water supply and within one hundred (100) meters
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
therefore;
(h) Regulate the drilling and excavation of the
ground for the laying of water, gas, sewer, and other pipes and the
construction, repair and maintenance of public drains, sewers,
cesspools, tunnels and similar structures; regulate the placing of
poles and the use of crosswalks, curbs and gutters; adopt measures to
ensure public safety against open canals, manholes, live wires and
other similar hazards to life and property; and regulate the
construction and use of private water closets, privies and other
similar structures in buildings and homes;
(i) Regulate the placing, stringing, attaching,
installing, repair and construction of all gas mains, electric
telegraph and telephone wires, conduits, meters and other apparatus;
and provide for the correction, condemnation or removal of the same
when found to be dangerous to the welfare of the inhabitants;
(j) Subject to the availability of funds and the
existing laws, rules and regulations, establish and provide for the
operation of vocational and technical schools and similar post
secondary institutions and, with the approval of the Department of
Education, Culture and Sports and subject to existing laws on tuition
fees, fix and collect reasonable tuition fees and other school charges
in educational institutions supported by the city government;
(k) Establish a scholarship fund for poor but
deserving students in schools located within its jurisdiction or for
students residing within the City;
(l) Approve measures and adopt quarantine regulations
to prevent the introduction and spread of diseases;
(m) Provide for an efficient and effective system of
solid waste and garbage collection and disposal and prohibit littering
and the placing or throwing of garbage, refuse and other filth and
wastes;
(n) Provide for the care of disabled persons,
paupers, the aged, the sick, persons of unsound mind, abandoned minors,
juvenile delinquents, drug dependents, abused children and other needy
and disadvantaged persons, particularly children and the youth below
eighteen (18) years of age; and subject to availability of funds,
establish and provide for the operation of centers and facilities for
the said needy and disadvantaged persons;
(o) Establish and provide for the maintenance and
improvement of jails and detention centers, institute a sound jail
management program, and appropriate funds for the subsistence of
detainees and convicted prisoners in the City;
(p) Appropriate funds to support the maintenance and
improvement of the provincial hospital located within the City;
(q) 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
(r) Establish a city council for the elderly which
shall formulate policies and adopt measures mutually beneficial to the
elderly and to the community; provide incentives for nongovernmental
agencies and entities and, subject to the availability of funds,
appropriate funds to support programs and projects for the benefit of
the elderly.
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
ARTICLE V
Process of Legislation
Section 11. Internal Rules of Procedure. — (a) On the
first regular session following the election of its members and within
ninety (90) days thereafter, the sangguniang panlungsod shall adopt or
update its existing rules of procedure.
(b) The rules of procedure shall provide for the
following:
(1) The organization of the sanggunian and the
election of its officers as well as the creation of standing committees
which shall include, but shall not be limited to, the committees on
appropriations, revenues, engineering and public works, education and
health, women and family, human rights, youth and sports development,
environmental protection, peace and order and traffic, and
cooperatives; the general jurisdiction of each committee; and the
election of the chairman and members of each committee;
(2) The order and calendar of business for each
session;
(3) The legislative process;
(4) The parliamentary procedures which include the
conduct of members during sessions;
(5) The discipline of members for disorderly behavior
and absences without justifiable cause for four (4) consecutive
sessions for which they may be censured, reprimanded or excluded from
the session, suspended for not more than sixty (60) days, or expelled:
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.
Section 12. Full Disclosure of Financial and Business
Interests of Sangguniang Panlungsod Members. — (a) Every sangguniang
panlungsod member shall, upon assumption to office, make a full
disclosure of his business and financial interests. He shall also
disclose any business, financial, professional relationship or any
relation by affinity or consanguinity within the fourth civil degree,
which he may have with any person, firm or entity affected by any
ordinance or resolution under consideration by the sanggunian of which
he is a member, which relationship may result in conflict of interests.
Such relationship shall include:
(1) Ownership of stock or capital, or investment in
the entity or firm to which the ordinance or resolution may apply; and
(2) Contracts or agreements with any person or entity
which the ordinance or resolution under consideration may affect.
In the absence of a specific constitutional or statutory provisions
applicable to this situation, "conflict of interest" refers in general
to one where it may be reasonably deduced that a member of a sanggunian
may not act in the public interest due to some private, pecuniary or
other personal considerations that may tend to affect his judgment to
the prejudice of the service or the public.
(b) The disclosure required under this Act shall be
made in writing and submitted to the secretary of the sanggunian or the
secretary of the committee of which he is a member. The disclosure
shall, in all cases, form part of the record of the proceedings and
shall be made in the following manner:
(1) Disclosure shall be made before the member
participates in the deliberations on the ordinance or resolution under
consideration: provided, that if the member did not participate during
the deliberations, the disclosure shall be made before voting on the
ordinance or resolution on second and third readings; and
(2) Disclosure shall be made when a member takes a
position or makes a privilege speech on a matter that may affect the
business interest, financial connection or professional relationship
described herein.
Section 13. Sessions. — (a) On the first day of the
session immediately following the election of its members, the
sangguniang panlungsod shall, by resolution, fix the day, time and
place of its sessions. The minimum number of regular sessions shall be
once a week for the sangguniang panlungsod and twice a month for the
sangguniang barangay.
(b) When the public interest so demands, special
sessions may be called by the city mayor or by a majority of the
members of the sanggunian.
(c) All sanggunian sessions shall be open to the
public unless a closed-door session is ordered by an affirmative vote
of a majority of the members present, there being a quorum, in the
public interest or for reasons of security, decency or morality. No two
(2) sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the
sanggunian, a written notice to the members shall be served personally
at the members' usual place of residence at least twenty-four (24)
hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the
sanggunian members present, there being a quorum, no other matters may
be considered at a special session except those stated in the notice.
(e) The sanggunian shall keep a journal and record of
its proceedings which may be published upon resolution of the
sangguniang panlungsod.
Section 14. Quorum. — (a) A majority of all the
members of the sanggunian who have been elected and qualified shall
constitute a quorum to transact official business. Should a question of
quorum be raised during a session, the presiding officer shall
immediately proceed to call the roll of the members and thereafter
announce the results.
(b) Where there is no quorum, the presiding officer
may declare a recess until such time as a quorum is constituted, or a
majority of the members present may adjourn from day to day and may
compel the immediate attendance of any member absent without
justifiable cause by designating a member of the sanggunian, to be
assisted by a member or members of the police force assigned in the
territorial jurisdiction of the City of Maasin, to arrest the absent
member and present him at the session.
(c) If there is still no quorum despite the
enforcement of the immediately preceding subsection, no business shall
be transacted. The presiding officer, upon proper motion duly approved
by the members present, shall then declare the session adjourned for
lack of quorum.
Section 15. Approval of Ordinances. — (a) Every
ordinance enacted by the sangguniang panlungsod shall be presented to
the city mayor. If the city mayor approves the same, he shall affix his
signature on each and every page thereof; otherwise, he shall veto it
and return the same with his objections to the sanggunian, which may
proceed to reconsider the same. The sanggunian may override the veto of
the city mayor by two-thirds (2/3) vote of all its members, thereby
making the ordinance or resolution effective for all legal intents and
purposes.
(b) The veto shall be communicated by the city mayor
to the sanggunian within ten (10) days; otherwise, the ordinance shall
be deemed approved as if he had signed it.
Section 16. Veto Power of the City Mayor. — (a) The
city mayor may veto any ordinance of the sangguniang panlungsod on the
ground that it is ultra vires or prejudicial to the public welfare,
stating his reasons thereof in writing.
(b) The city mayor shall have the power to veto any
particular item or items of an appropriations ordinance, an ordinance
or resolution adopting a local development plan, any public investment
program or an ordinance directing the payment of money or creating
liability. In such case, the veto shall not affect the item or items
which are not objected to. The vetoed item or items shall not take
effect unless the sangguniang panlungsod overrides the veto in the
manner herein provided; otherwise, the item or items in the
appropriations ordinance of the previous year corresponding to those
vetoed, if any, shall be deemed enacted.
(c) The city mayor may veto an ordinance or
resolution only once. The sanggunian may override the veto of the city
mayor by two-thirds (2/3) vote of all its members, thereby making the
ordinance effective even without the approval of the city mayor.
Section 17. Review of City Ordinances by the
Sangguniang Panlalawigan. — (a) Within three (3) days after approval,
the secretary to the sangguniang panlungsod shall forward to the
sangguniang panlalawigan for review, copies of approved ordinances and
the resolutions approving the local development plans and public
investment programs formulated by the local development councils.
(b) Within thirty (30) days after receipt of copies
of such ordinances and resolutions, the sangguniang panlalawigan shall
examine the documents or transmit them to the provincial attorney or
the provincial prosecutor for prompt examination. The provincial
attorney or the provincial prosecutor shall, within a period of ten
(10) days from receipt of the documents, inform the sangguniang
panlalawigan in writing of his comments or recommendations, which may
be considered by the sangguniang panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that such
an ordinance or resolution is beyond the power conferred upon the
sangguniang panlungsod concerned, it shall declare such ordinance or
resolution invalid in whole or in part. The sangguniang panlalawigan
shall enter its action in the minutes and shall advise the
corresponding city authorities of the action it has taken.
(d) If no action has been taken by the sangguniang
panlalawigan within thirty (30) days after submission of such an
ordinance or resolution, the same shall be presumed consistent with law
and thereforee valid.
Section 18. Review of Barangay Ordinances by the
Sangguniang Panlungsod. — (a) Within ten (10) days after its enactment,
the sangguniang barangay shall furnish copies of all barangay
ordinances to the sangguniang panlungsod for review as to whether the
ordinance is consistent with law and city ordinances.
(b) If the sangguniang panlungsod fails to take
action on barangay ordinances within thirty (30) days from receipt
thereof, the same shall be deemed approved.
(c) If the sangguniang panlungsod finds the barangay
ordinances inconsistent with law or city ordinances, the sangguniang
panlungsod shall, within thirty (30) days from receipt thereof, return
the same with its comments and recommendations to the sangguniang
barangay concerned for adjustment, amendment or modification; in which
case, the effectivity of the barangay ordinance is suspended until such
time as the revision called for is effected.
Section 19. Enforcement of Disapproved Ordinances or
Resolutions. — Any attempt to enforce any ordinance or any resolution
approving the local development plan and public investment program,
after the disapproval thereof, shall be sufficient ground for the
suspension or dismissal of the official or employee concerned.
Sec. 20. Effectivity of Ordinances or Resolutions.
— (a) Unless otherwise stated in the ordinance or the resolution
approving the local development plan and public investment program, the
same shall take effect after ten (10) days from the date a copy thereof
is posted in a bulletin board at the entrance of the City Hall of
Maasin, and in at least two (2) other conspicuous places in the City of
Maasin.
(b) The secretary of the sangguniang panlungsod shall
cause the posting of an ordinance or resolution in the bulletin board
at the entrance of the City Hall of Maasin, and in at least two (2)
conspicuous places in the City of Maasin not later than five (5) days
after approval thereof.
The text of the ordinance or resolution shall be disseminated and
posted in Filipino or English and in the language or dialect understood
by the majority of the people in the City and the secretary of the
sangguniang panlungsod shall record such fact in a book kept for the
purpose, stating the dates of approval and posting.
(c) The main features of the ordinance or resolution
duly enacted or adopted shall, in addition to being posted, be
published once in a local newspaper of general circulation within the
City: provided, that in the absence thereof the ordinance or resolution
shall be published in any newspaper of general circulation: provided,
further, that the gist of all ordinances with penal sanctions shall
also be published in a newspaper of general circulation.
ARTICLE VI
Disqualifications and Succession for Elective City Officials
Sec. 21. Disqualifications for Elective City
Officials. — The following persons are not qualified from running for
any elective position in the City:
(a) Those sentenced by final judgment for an offense
involving moral turpitude or an offense punishable by one (1) year or
more of imprisonment within two (2) years after serving sentence;
(b) Those removed from office as a result of an
administrative case;
(c) Those convicted by final judgment for violating
the oath of allegiance to the Republic of the Philippines;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or
nonpolitical cases here and abroad;
(f) Permanent residents in a foreign country or those
who have acquired the right to reside abroad and continue to avail of
the same right after the effectivity of the Local Government Code of
1991; and
(g) The insane or feeble-minded.
Sec. 22. Permanent Vacancy in the Office of the
City Mayor and City Vice Mayor. — (a) If a permanent vacancy occurs in
the office of the city mayor, the city vice mayor concerned shall
become the city mayor. If a permanent vacancy occurs in the office of
the city vice mayor, the highest ranking sangguniang panlungsod member
or, in case of his permanent incapacity, the second highest ranking
sangguniang panlungsod member shall become the city mayor or city vice
mayor, as the case may be. Subsequent vacancies in said offices shall
be filled automatically by the other sanggunian members according to
their ranking as defined herein.
(b) A tie between or among the highest ranking
sangguniang panlungsod members shall be resolved by drawing of lots.
(c) The successors as defined herein shall serve only
the unexpired terms of their predecessors.
For purposes of this Act, a permanent vacancy arises when an elective
local official fills a higher vacant office, refuses to assume office,
fails to qualify, dies, is removed from office, voluntarily resigns or
is otherwise permanently incapacitated to discharge the functions of
his office.
For purposes of succession as provided in this Act, ranking in the
sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered
voters in the City immediately preceding local election.
Sec. 23. Permanent Vacancies in the Sanggunian. —
(a) Permanent vacancies in the sangguniang panlungsod where automatic
succession as provided above does not apply shall be filled by
appointments in the following manner:
(1) The provincial governor shall make the aforesaid
appointments;
(2) Only the nominee of the political party under
which the sanggunian member concerned had been elected shall be
appointed in the manner herein provided. The appointee shall come from
the political party as that of the sanggunian member who caused the
vacancy and shall serve the unexpired term of the vacant office. In the
appointment herein mentioned, a nomination and a 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 therefore;
(3) In case the permanent vacancy is caused by a
sanggunian member who does not belong to any political party, the city
mayor shall, upon recommendation of the sangguniang panlungsod, appoint
a qualified person to fill the vacancy; and
(4) In case of vacancy in the representation of the
youth and the barangay in the sangguniang panlungsod, said vacancy
shall be filled automatically by the official next-in-rank of the
organization concerned.
Sec. 24. Temporary Vacancy in the Office of the
City Mayor. — (a) When the city mayor is temporarily incapacitated to
perform his duties for physical or legal reasons such as, but not
limited to, leave of absence, travel abroad and suspension from office,
the city vice mayor or the highest ranking sangguniang panlungsod
member, shall automatically exercise the powers and perform the duties
and functions of the city mayor, except the power to appoint, suspend
or dismiss employees which can only be exercised if the period of
temporary incapacity exceeds thirty (30) working days.
(b) Said temporary incapacity shall terminate upon
submission to the sangguniang panlungsod of a written declaration by
the city mayor that he has reported back to office. In case where the
temporary incapacity is due to legal cause, the city mayor shall also
submit necessary documents showing the said legal cause no longer
exists.
(c) When the city mayor is traveling within the
country but outside territorial jurisdiction for a period not exceeding
three (3) consecutive days, he may designate in writing the
officer-in-charge of his office. Such authorization shall specify the
powers and functions that the local official concerned shall exercise
in the absence of the city mayor except the power to appoint, suspend
or dismiss employees.
(d) In the event, however, that the city mayor fails
or refuses to issue such authorization, the city vice mayor or the
highest ranking sangguniang panlungsod member, shall have the right to
assume the powers, duties and functions of the said office on the
fourth day of absence of the city mayor, subject to the limitations
provided in 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 sangguniang panlungsod member, as the case may be.
ARTICLE VII
The Appointive Officials of the City:
Their Qualifications, Powers and Duties
Sec. 25. The Secretary of the Sangguniang
Panlungsod. — (a) There shall be a secretary of the sangguniang
panlungsod who shall be a career official with the rank and salary
equal to a head of a department or office.
(b) No person shall be appointed secretary to the
sangguniang panlungsod unless he
is a citizen of the Philippines, a resident of the City of Maasin, of
good moral character, a holder of a master's degree preferably in law,
commerce or public administration from a recognized college or
university, and a first grade civil service eligible or its equivalent.
(c) The secretary of the sangguniang panlungsod shall
receive such compensation, emoluments and allowances as may be
determined by law.
(d) The secretary to the sangguniang panlungsod shall
take charge of the office of the
sangguniang panlungsod, and shall:
(1) Attend meetings of the sangguniang panlungsod and
keep a journal of its proceedings;
(2) Keep the seal of the City and affix the same with
his signature to all ordinances, resolutions and other official acts of
the sangguniang panlungsod and present the same to the presiding
officer for his signature;
(3) Forward to the city mayor, for approval, copies
of ordinances enacted by the sangguniang panlungsod duly certified by
the presiding officer;
(4) Forward to the Department of Budget and
Management (DBM) copies of the appropriation ordinances passed by the
sangguniang panlungsod as provided for under Sec. 326, Book II of
the Local Government Code of 1991;
(5) Forward to the sangguniang panlalawigan copies of
duly approved ordinances in the manner provided in Section s 56 and 57
under Book 1 of the Local Government Code
of 1991;
(6) Furnish, upon request of any interested party,
certified copies of records of public character in his custody, upon
payment to the city treasurer of such fees as may be prescribed by
ordinance;
(7) Record in a book kept for the purpose, all
ordinances and resolutions enacted or adopted by the sangguniang
panlungsod, with the dates of passage and publication thereof;
(8) Keep his office and all nonconfidential records
therein open to the public during usual business hours;
(9) Translate into the dialect used by the majority
of the inhabitants all ordinances and resolutions immediately after
their approval and cause the publication of the same together with the
original version in the manner provided under the Local Government Code
of 1991;
(10) Take custody of the local archives and where
applicable, the local library and annually account for the same; and
(11) Exercise such other powers and perform such
other duties and functions as may be prescribed by law or ordinance
relative to his position.
Sec. 26. The City Treasurer. — (a) The city
treasurer shall be appointed by the Secretary of Finance from a list of
at least three (3) ranking eligible recommendees of the city mayor,
subject to the civil service law, rules and regulations.
(b) The city treasurer shall be under the
administrative supervision of the city mayor, to whom he shall report
regularly on the tax collection efforts of the City.
(c) No person shall be appointed treasurer unless he
is a citizen of the Philippines, a resident of the City of Maasin, of
good moral character, a holder of a college degree in commerce, public
administration or law from a recognized college or university, and a
first grade civil service eligible or its equivalent. He must have
acquired experience in treasury or accounting service for at least five
(5) years.
(d) The city treasurer shall receive such
compensation, emoluments and allowances as may be determined by law.
(e) The city treasurer shall take charge of the city
treasury office, and shall:
(1) Advise the city mayor, the sangguniang panlungsod
and other local government and national officials concerned regarding
disposition of local government funds and on such other matters
relative to public finance;
(2) Take custody and exercise proper management of
the funds of the City;
(3) Take charge of the disbursement of all funds of
the City and such other funds the custody of which may be entrusted to
him by law or other competent authority;
(4) Inspect private commercial and industrial
establishments within the jurisdiction of the City in relation to the
implementation of tax ordinances pursuant to the provisions of the
Local Government Code of 1991;
(5) Maintain and update the tax information system of
the City; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 27. The Assistant City Treasurer. — (a) The
assistant city treasurer may be appointed by the Secretary of Finance
from a list of at least three (3) ranking eligible recommendees of the
city mayor, subject to civil service law, rules and regulations.
(b) No person shall be appointed assistant city
treasurer unless he is a citizen of the Philippines, a resident of the
City of Maasin, of good moral character, a holder of a college degree
preferably in commerce, public administration or law from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have acquired at least three (3) years experience
in treasury or accounting.
(c) The assistant city treasurer shall receive such
compensation, emoluments and allowances as may be determined by law.
(d) The assistant city treasurer shall assist the
city treasurer and perform such other duties as the latter may assign
him. He shall have authority to administer oaths concerning notices and
notifications to those delinquent in the payment of the real property
tax and concerning official matters relating to the accounts of the
city treasurer or otherwise arising from the offices of the city
treasurer and the city assessor.
Sec. 28. The City Assessor. — (a) The city
assessor must be a citizen of the Philippines, a resident of the City
of Maasin, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce, or any other
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in real property assessment work or in any related field for
at least five (5) years immediately preceding the date of his
appointment.
(b) The city assessor shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city assessor shall take charge of the city
assessor's office, and shall:
(1) Ensure that all laws and policies governing the
appraisal and assessment of real properties for taxation purposes are
properly executed;
(2) Initiate, review and recommend changes in
policies and objectives, plans and programs, techniques, procedures and
practices in the evaluation and assessment of real properties for
taxation purposes;
(3) Establish a systematic method of real property
assessment;
(4) Install and maintain real property identification
and accounting systems;
(5) Prepare, install and maintain a system of tax
mapping, showing graphically all properties subject to assessment and
gather all data concerning the same;
(6) Conduct frequent physical surveys to verify and
determine whether all real
properties within the City are properly listed in the assessment rolls;
(7) Exercise the functions of appraisal and
assessment primarily for taxation purposes of all real properties in
the City;
(8) Prepare a schedule of the fair market value of
the different classes of real properties in accordance with the
provisions of the Local Government Code of 1991;
(9) Issue, upon request of any interested party,
certified copies of assessment records of real properties and all other
records relative to its assessment, upon payment of a service charge or
fee to the city treasurer;
(10) Submit every semester a report of all
assessments, as well as cancellations and modifications of assessments
to the city mayor and the sangguniang panlungsod; and
(11) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 29. The Assistant City Assessor. — (a) The
assistant city assessor must be a citizen of the Philippines, a
resident of the City of Maasin, of good moral character, a holder of a
college degree preferably in civil or mechanical engineering, commerce
or any related course from a recognized college or university, and a
first grade civil service eligible or its equivalent. He must have
acquired experience in assessment or in any related field for at least
three (3) years immediately preceding the date of his appointment.
(b) The assistant city assessor shall receive such
compensation, emoluments and allowances as may be determined by
law.
(c) The assistant city assessor shall assist the city
assessor and perform such other duties as the latter may assign to him.
He shall have the authority to administer oaths and all declarations of
real property for purposes of assessment.
Sec. 30. The City Accountant. — (a) The city
accountant must be a citizen of the Philippines, a resident of the City
of Maasin, of good moral character, and a certified public accountant.
He must have acquired experience in the treasury or accounting service
for at least five (5) years immediately preceding the date of his
appointment.
(b) The city accountant shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city accountant shall take charge of both the
offices of the accounting and internal audit services, and shall:
(1) Install and maintain an internal audit system in
the City;
(2) Prepare and submit financial statements to the
city mayor and to the sangguniang panlungsod;
(3) Apprise the sangguniang panlungsod and other
officials on the financial condition and operations of the City;
(4) Certify the availability of budgetary allotment
to which expenditures and obligations may be properly charged;
(5) Review supporting documents before preparation of
vouchers to determine the completeness of requirements;
(6) Prepare statements of cash advances,
liquidations, salaries, allowances, reimbursements and remittances
pertaining to the City;
(7) Prepare statements of journal vouchers and
liquidation of the same and other adjustments related thereto;
(8) Post individual disbursements to the subsidiary
ledger and index cards;
(9) Maintain individual ledgers for officials and
employees of the City pertaining to payrolls and deductions;
(10) Record and post in index cards details of
purchased furniture, fixtures and equipment, including disposal
thereof, if any;
(11) Account for all issued requests for obligations
and maintain and keep all records and reports related thereto;
(12) Prepare journals and the analyses of obligations
and maintain and keep all records and reports related thereto; and
(13) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 31. The City Budget Officer. — (a) The city
budget officer must be a citizen of the Philippines, a resident of the
City of Maasin, of good moral character, a holder of a college degree
preferably in accounting, economics, public administration, or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in government budgeting or in any related field for at least
five (5) years immediately preceding the date of his appointment.
(b) The city budget officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city budget officer shall take charge of the
city budget office, and shall:
(1) Prepare forms, orders and circulars embodying
instructions on budgetary and appropriation matters for the signature
of the city mayor;
(2) Review and consolidate the budget proposals of
different departments and offices of the City;
(3) Assist the city mayor in the preparation of the
budget and during budget hearings;
(4) Study and evaluate budgetary implications of
proposed legislation and submit comments and recommendations thereon;
(5) Submit periodic budgetary reports to the
Department of Budget and Management;
(6) Coordinate with the city treasurer, the city
accountant and the city planning and development coordinator for the
purpose of budgeting;
(7) Assist the sangguniang panlungsod in reviewing
the approved budgets of component local government units;
(8) Coordinate with the city planning and development
coordinator in the formulation of the development plan of the City; and
(9) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 32. The City Planning and Development
Coordinator. — (a) The city planning and development coordinator must
be a citizen of the Philippines, a resident of the City of Maasin, of
good moral character, a holder of a college degree preferably in urban
planning, development studies, economics, public administration, or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired
experience in development planning or in any related field for at least
five (5) years immediately preceding the date of his appointment.
(b) The city planning and development coordinator
shall receive such compensation, emoluments and allowances as may be
determined by law.
(c) The city planning and development coordinator
shall take charge of the city planning and development coordinating
office, and shall:
(1) Formulate integrated economic, social, physical
and other development plans and policies for consideration of the City;
(2) Conduct continuing studies, researches and
training programs necessary to evolve plans and programs for
implementation;
(3) Integrate and coordinate all sectoral plans and
studies undertaken by the different functional groups or agencies;
(4) Monitor and evaluate the implementation of the
different development programs, projects and activities in the City in
accordance with the approved development plan;
(5) Prepare comprehensive plans and other development
planning documents for the consideration of the local development
council;
(6) Analyze the income and expenditure patterns, and
formulate and recommend fiscal plans and policies for consideration of
the finance committee of the City as provided for under the Local
Government Code of 1991;
(7) Promote people's participation in development
planning within the City;
(8) Exercise supervision and control over the
secretariat of the Local Development Council; and
(9) Perform such other functions and duties and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 33. The City Engineer. — (a) The city
engineer must be a citizen of the Philippines, a resident of the City
of Maasin, of good moral character and a licensed civil engineer. He
must have acquired experience in the practice of his profession for at
least five (5) years immediately preceding the date of his appointment.
(b) The city engineer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city engineer shall take charge of the city
engineering office, and shall:
(1) Initiate, review and recommend changes in
policies and objectives, plans and programs, techniques, procedures and
practices in infrastructure development and public works in general of
the City;
(2) Advise the city mayor on infrastructure, public
works and other engineering matters;
(3) Administer, coordinate, supervise and control the
construction, maintenance, improvement and repair of roads, bridges,
other engineering and public works projects of the City;
(4) Provide engineering services to the City,
including investigation and survey, engineering designs, feasibility
studies and project management; and
(5) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 34. The City Health Officer. — (a) The city
health officer must be a citizen of the Philippines, a resident of the
City of Maasin, of good moral character, and a licensed medical
practitioner. He must have acquired experience in the practice of his
profession for at least five (5) years immediately preceding the date
of his appointment.
(b) The city health officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city health officer shall take charge of the
office of the city health services, and shall:
(1) Supervise the personnel and staff of said office,
formulate program implementation guidelines and rules and regulations
for the operation of the said office for the approval of the city mayor
in order to assist him in the efficient, effective and economical
implementation of health service program geared to implement
health-related projects and activities;
(2) Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out activities to ensure the delivery of
basic services and provision of adequate facilities relative to health
services provided under 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 under the Local Government Code of 1991;
(4) In addition to the foregoing duties and
functions, the city health officer shall:
(a) Formulate and implement policies, plans and
projects to promote the health of the people in the City;
(b) Advice the city mayor and the sangguniang
panlungsod on matters pertaining to health;
(c) Execute and enforce all laws, ordinances and
regulations relating to public health;
(d) Recommend to the sangguniang panlungsod through
the Local Health Board the passage of such ordinances as he may deem
necessary for the preservation of public health;
(e) Recommend the prosecution of any violation of
sanitary laws, ordinances or regulations;
(f) Direct the sanitary inspection of all business
establishment selling food items or providing accommodation such as
hotels, motels, lodging houses, pension houses, and the like, in
accordance with the Sanitation Code;
(g) Conduct health information campaigns and render
health intelligence services;
(h) Coordinate with other government agencies and
nongovernmental organizations involved in the promotion and delivery of
health services;
(5) Be in the frontline of the delivery of health
services, particularly during and in the aftermath of man-made and
natural disasters and calamities; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 35. The City Civil Registrar. — (a) The city
civil registrar must be a citizen of the Philippines, a resident of the
City of Maasin, of good moral character, a holder of a college degree
from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
civil registry work for at least five (5) years immediately preceding
the date of his appointment.
(b) The city civil registrar shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city civil registrar shall be responsible for
the civil registration program in the City of Maasin, pursuant to the
Civil Registry Law, the Civil Code, and other pertinent laws, rules and
regulations issued to implement them.
(d) The city civil registrar shall take charge of the
office of the city civil registry, and shall:
(1) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with the management and administration-related programs and
projects which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide for under the Local
Government Code of 1991;
(2) In addition to the foregoing duties and
functions, the civil registrar shall:
(a) Accept all registrable documents and judicial
decrees affecting the civil status of persons;
(b) File, keep and preserve in a secure place the
books required by law;
(c) Transcribe and enter immediately upon receipt all
registrable documents and judicial decrees affecting the civil status
of persons in the appropriate civil registry books;
(d) Transmit to the Office of the Civil
Registrar-General, within the prescribed period, duplicate copies of
registered documents required by law;
(e) Issue certified transcripts or copies of any
certificate or registered documents upon payment of the required fees
to the treasurer;
(f) Receive applications for the issuance of a
marriage license and, after determining that the requirements and
supporting certificates and publication thereof for the prescribed
period have been complied with, issue the license upon payment of the
authorized fee to the treasurer;
(g) Coordinate with the National Census and
Statistics Office in conducting educational campaigns for vital
registration and assist in the preparation of demographic and other
statistics for the City of Maasin; and
(3) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 36. The City Administrator. — (a) The city
administrator must be a citizen of the Philippines, a resident of the
City of Maasin, of good moral character, a holder of a college degree
preferably in public administration, law, or any other related course
from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
management and administrative work for at least five (5) years
immediately preceding the date of his appointment.
(b) The term of administrator is coterminous with
that of his appointing authority.
(c) The city administrator shall serve as a career
official of the City and 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) In addition to the foregoing duties and
functions, the city administrator shall:
(a) Assist in the coordination of the work of all the
officials of the City under the
supervision, direction and control of the city mayor, and for this
purpose, he may convene the chiefs of offices and other officials of
the City;
(b) Establish and maintain a sound personnel program
for the City designed to promote career development and uphold the
merit principle in the local government service;
(c) Conduct a continuing organizational development
of the City with the end in view of instituting effective
administrative reforms;
(3) Be in the frontline of the delivery of
administrative support services, particularly those related to the
situations during and in the aftermath of man-made and natural
disasters and calamities;
(4) Recommend to the sangguniang panlungsod and
advise the city mayor on all matters relative to the management and
administration of the City; and
(5) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 37. The City Legal Officer. — (a) The city
legal officer must be a citizen of the Philippines, a resident of the
City of Maasin, of good moral character, and a member of the Philippine
Bar. He must have practiced his profession for at least five (5) years
immediately preceding the date of his appointment.
(b) The term of the legal officer shall be
coterminous with that of his appointing authority.
(c) The city legal officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(d) The city legal officer, the chief legal counsel
of the City, shall take charge of the office of the city legal service,
and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and provide legal assistance and support to the
city mayor in carrying out the delivery of basic services and provision
of adequate facilities;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with programs and projects related to legal services which
the city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide under the Local Government Code of
1991;
(3) In addition to the foregoing duties and
functions, the city legal officer shall:
(a) Represent the City in all civil actions and
special proceedings wherein the City or any official thereof, in his
official capacity, is a party: provided, that in actions or proceedings
where the City is a party adverse to the provincial government or to
another component city or municipality, a special legal officer may be
employed to represent the adverse party;
(b) When required by the city mayor or sanggunian,
draft ordinances, contracts, bonds, leases and other instruments
involving any interest of the City and provide comments and
recommendations on any instruments already drawn;
(c) Render his opinion in writing on any question of
law when requested to do so by the city mayor or sanggunian;
(d) Investigate or cause to be investigated any local
official or employee for administrative neglect or misconduct in office
and recommend the appropriate action to the city mayor or sanggunian,
as the case may be;
(e) When directed by the city mayor or sanggunian,
initiate and prosecute, in the interest of the City, any civil action
on any bond, lease or other contract upon any breach or violation
thereof; and
(f) Review and submit recommendations on ordinances
approved and executive orders issued by component units;
(4) Recommend measures to the sangguniang panlungsod
and advise the city mayor on all matters related to upholding the rule
of law;
(5) Be in the frontline of protecting human rights
and prosecuting any violations thereof, particularly those which occur
during and in the aftermath of man-made or natural disasters and
calamities; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 38. The City Social Welfare and Development
Officer. — (a) The city social welfare and development officer must be
a citizen of the Philippines, a resident of the City of Maasin, of good
moral character, a duly licensed social worker or a holder of a college
degree preferably in sociology, or any other related course from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in the
practice of social work for at least five (5) years immediately
preceding the date of his appointment.
(b) The city social welfare and development officer
shall receive such compensation, emoluments and allowances as may be
determined by law.
(c) The city social welfare and development officer
shall take charge of the office of social welfare and development, and
shall:
(1) Formulate measures for the approval of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure delivery of basic
services and 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) Be in the frontline of the delivery of services
particularly those which have to do with immediate relief and
assistance during and in the aftermath of man-made and natural
disasters and calamities;
(4) Recommend to the sangguniang panlungsod and
advise the city mayor on all other matters related to social welfare
and development services which will improve the livelihood and living
conditions of the inhabitants; and
(5) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 39. The City Veterinarian. — (a) The city
veterinarian must be a citizen of the Philippines, a resident of the
City of Maasin, of good moral character, and a licensed doctor of
veterinary medicine. He must have practiced his profession for at least
three (3) years immediately preceding the date of his
appointment.
(b) The city veterinarian shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city veterinarian shall take charge of the
office of veterinary services, and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with veterinary-related activities which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide;
(3) In addition to the foregoing duties and
functions, the city veterinarian shall:
(a) Advise the city mayor on all matters pertaining
to the slaughter of animals for human consumption and the regulation of
slaughterhouses;
(b) Regulate the keeping of domestic animals;
(c) Regulate and inspect poultry, milk and dairy
products for public consumption;
(d) Enforce all laws and regulations for the
prevention of cruelty of animals; and
(e) Take the necessary measures to eradicate, prevent
or cure all forms of animal diseases.
(4) Be in the frontline of veterinary-related
activities, such as the outbreak of highly contagious and deadly
diseases and in situations resulting in the depletion of animals for
work and in human consumption, particularly those arising from and in
the aftermath of man-made and natural disasters and calamities;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all matters relative to veterinary services
which will increase the number and improve the quality of livestock,
poultry and other domestic animals used for work or human consumption;
and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 40. The City General Services Officer. — (a)
The city general services officer must be a citizen of the Philippines,
a resident of the City of Maasin, of good moral character, a holder of
a college degree in public administration, business administration and
management from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have acquired
experience in general services, including management of supply, solid
waste disposal and general sanitation for at least five (5) years
immediately preceding the date of his appointment.
(b) The city general services officer shall receive
such compensation, emoluments and allowances as may be determined by
law.
(c) The city general services officer shall take
charge of the office of the general services, and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities which require general
services expertise and technical support services;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with the general services supportive of the welfare of the
inhabitants of the City which the city mayor is empowered to implement
and which the sangguniang panlungsod is empowered to provide under the
Local Government Code of 1991;
(3) In addition to the foregoing duties and
functions, the city general services officer shall:
(a) Take custody of and be accountable for all
properties, real or personal, owned by the City, and those granted to
it in the form of donation, reparation, assistance and counterpart of
joint projects;
(b) With the approval of the city mayor, assign
building or land space to local officials or other public officials,
who by law, are entitled to space;
(c) Recommend to the city mayor the reasonable rental
rates for local government properties, whether real or personal, which
will be leased to public or private entities by the local
government;
(d) Recommend to the city mayor reasonable rental
rates of private properties which may be leased for the official use of
the City;
(e) Maintain and supervise janitorial, security,
landscaping and other related services in all local government public
buildings and other real property, whether owned or leased by the City;
(f) Collate and disseminate information regarding
prices, shipping and other costs of supplies and other items commonly
used by the City;
(g) Perform archival and record management with
respect to records of offices and departments of the City;
(h) Perform all other functions pertaining to supply
and property management heretofore performed by the local government
treasurer and enforce policies on records creation, maintenance and
disposal;
(4) Be in the frontline of general services-related
activities, such as the possible and imminent destruction or damage to
records, supplies, properties and structure materials or debris,
particularly during and in the aftermath of man-made and natural
disasters and calamities;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all matters relative to general services; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 41. The City Environment and Natural
Resources Officer. — (a) The city environment and natural resources
officer must be a citizen of the Philippines, a resident of the City of
Maasin, of good moral character, a holder of a college degree
preferably in environment, forestry, agriculture or any other related
course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
the environment and natural resources management, conservation and
utilization work for at least five (5) years immediately preceding the
date of his appointment.
(b) The city environment and natural resources
officer shall receive such compensation, emoluments and allowances as
may be determined by law.
(c) The city environment and natural resources
officer shall take charge of the office of the environment and natural
resources, and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and to provide assistance and support to the
city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities relative to environment
and natural resources services as provided for under 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 environment and natural resources programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide under the Local
Government Code of 1991;
(3) In addition to the foregoing duties and
functions, the city environment and natural resources officer shall:
(a) Establish, maintain, protect and preserve
communal forests, watersheds, tree parks, mangroves, greenbelts,
commercial forests and similar forest projects like industrial tree
farms and agro-forestry projects;
(b) Provide extension services to beneficiaries of
forest development projects and render assistance for natural resources
related conservation and utilization activities consistent with
ecological balance;
(c) Promote the small-scale mining and utilization of
mineral resources, particularly mining of gold; and
(d) Coordinate with government agencies and
nongovernmental organizations in the implementation of measures to
prevent and control land, air and water pollution with the assistance
of the Department of Environment and Natural Resources;
(4) Be in the frontline of the delivery of services
concerning the environment and natural resources, particularly in the
renewal and rehabilitation of the environment during and in the
aftermath of man-made and natural disasters and calamities;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all matters relative to the protection,
conservation, maximum utilization, application of appropriate
technology and other matters related to the environment and natural
resources; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 42. The City Architect. — (a) The city
architect must be a citizen of the Philippines, a resident of the City
of Maasin, of good moral character, and a duly licensed architect. He
must have practiced his profession for at least five (5) years
immediately preceding the date of his appointment.
(b) The city architect shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city architect shall take charge of the
office on the architectural planning and design, and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities relative to architectural
planning and design;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with architectural planning and design programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide under the Local
Government Code of 1991;
(3) In addition to the foregoing duties and
functions, the architect shall:
(a) Prepare and recommend for consideration of the
sanggunian the architectural plan and design for the City or a part
thereof, including the renewal of slums and blighted areas, land
reclamation activities, the greening of land, and appropriate planning
of marine and foreshore areas;
(b) Review and recommend for appropriate action of
the sanggunian or mayor as the case may be, the architectural plans and
design submitted by governmental and nongovernmental entities or
individuals, particularly those for undeveloped, underdeveloped and
poorly designed areas;
(c) Coordinate with government and nongovernment
entities and individuals involved in the aesthetics and the maximum
utilization of the land and water within the jurisdiction of the City,
compatible with environmental integrity and ecological balance;
(4) Be in the frontline of the delivery of services
involving architectural planning and design, particularly those related
to the redesigning of spatial distribution of basic facilities and
physical structures during and in the aftermath of man-made and natural
disasters and calamities;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all matters relative to architectural planning
and design as it relates to the total socioeconomic development of the
City; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 43. The City Information Officer. — (a) The
city information officer must be a citizen of the Philippines, a
resident of the City of Maasin, of good moral character, a holder of a
college degree preferably in journalism, mass communications, or any
related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have experience
in writing articles and research papers, or writing for print,
television or broadcast media for at least five (5) years immediately
preceding the date of his appointment.
(b) The city information officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city information officer shall take charge of
the office on public information, and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in providing the information and research data required
for the delivery of basic services and provision of adequate facilities
so that the public becomes aware of said services and may fully avail
of the same;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with public information and research data to support
programs and projects which the city mayor is empowered to implement
and which the sangguniang panlungsod is empowered to provide;
(3) In addition to the foregoing duties and
functions, the city information officer shall:
(a) Provide relevant, adequate and timely information
to the City and its residents;
(b) Furnish information and data on the City to
government agencies or offices as may be required by law or ordinance;
and nongovernmental organizations to be furnished to said agencies and
organizations;
(c) Maintain effective liaison with the various
sectors of the community on matters and issues that affect the
livelihood and the quality of life of the inhabitants and encourage
support for programs of the local and national government;
(4) Be in the frontline in providing information
during and in the aftermath of man-made and natural disasters and
calamities, with special attention to the victims thereof, to help
minimize injuries and casualties during and after the emergency, and to
accelerate relief and rehabilitation;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all matters relative to public information and
research data as it relates to the total socioeconomic development of
the City; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 44. The City Cooperatives Officer. — (a) The
city cooperatives officer must be a citizen of the Philippines, a
resident of the City of Maasin, of good moral character, a holder of a
college degree preferably in business administration with special
training on cooperatives or any related course from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have experience on cooperatives development for at
least five (5) years immediately preceding the date of his appointment.
(b) The city cooperatives officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city cooperatives officer shall take charge
of the office for the development of cooperatives, and shall:
(1) Formulate measures for consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of facilities through the development of
cooperatives, and in providing access to such services and facilities;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with the integration of cooperatives principles and methods
in programs which the city mayor is empowered to implement and which
the sangguniang panlungsod is empowered to provide for under the Local
Government Code of 1991;
(3) In addition to the foregoing duties and
functions, the city cooperatives officer shall:
(a) Assist in the organization of cooperatives;
(b) Provide technical and other forms of assistance
to existing cooperatives to enhance their viability as an economic
enterprise and social organization;
(c) Assist cooperatives in establishing linkages with
government agencies and nongovernment organizations involved in the
promotion and integration of the concept of cooperatives in the
livelihood of the people and other community activities;
(4) Be in the frontline of cooperative organization,
rehabilitation or viability enhancement, particularly during and in the
aftermath of man-made and natural disasters and calamities, to aid in
their survival and, if necessary, subsequent rehabilitation;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all other matters relative to cooperatives
development and viability enhancement which will improve the livelihood
and quality of life of the inhabitants; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 45. The City Population Officer. — (a) The
city population officer must be a citizen of the Philippines, a
resident of the City of Maasin, of good moral character, a holder of a
college degree preferably with specialized training in population
development from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have experience in
the implementation of programs or population development or responsible
parenthood for at least five (5) years immediately preceding the date
of his appointment.
(b) The city population officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city population officer shall take charge of
the office of the population development, and shall:
(1) Formulate measures for the consideration of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and 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 program and projects which the city mayor is empowered
to implement and which the sangguniang panlungsod is empowered to
provide; and
(3) In addition to the foregoing duties and
functions, the population officer shall:
(a) Assist the city mayor in the implementation of
the constitutional provisions relative to population development and
the promotion of responsible parenthood;
(b) Establish and maintain an updated data bank for
program operations, development planning and an educational program to
ensure the people's participation in and understanding of population
development;
(c) Implement appropriate training programs
responsive to the cultural heritage of the inhabitants; and
(4) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
Sec. 46. The City Agriculturist. — (a) The city
agriculturist must be a citizen of the Philippines, a resident of the
City of Maasin, of good moral character, a holder of a college degree
preferably in agriculture or any other related course from a recognized
college or university, and a first grade civil service eligible or its
equivalent. He must have practiced his profession in agriculture or
acquired the experience in a related field for at least five (5) years
immediately preceding the date of his appointment.
(b) The city agriculturist shall receive such
compensation, emoluments and allowances as may be determined by
law.
(c) The city agriculturist shall take charge of the
office for the agricultural services, and shall:
(1) Formulate measures for the approval of the
sangguniang panlungsod and provide technical assistance and support to
the city mayor in carrying out measures to ensure the delivery of basic
services and provision of adequate facilities relative to agricultural
services;
(2) Develop plans and strategies and, upon approval
thereof by the city mayor, implement the same, particularly those which
have to do with agricultural programs and projects which the city mayor
is empowered to implement and which the sangguniang panlungsod is
empowered to provide;
(3) In addition to the foregoing duties and
functions, the city agriculturist shall:
(a) Ensure that maximum assistance and access to
resources in the production, processing and marketing of agricultural
and aquacultural and marine products are extended to farmers, fishermen
and local entrepreneurs;
(b) Conduct or cause to be conducted
location-specific agricultural researches and assist in making
available the appropriate technology arising out of and disseminating
information on basic research on crops, prevention and control of plant
diseases and pests, and other agricultural matters which will maximize
productivity;
(c) Assist the city mayor in the establishment and
extension services of demonstration farms or aquaculture and marine
products;
(d) Enforce rules and regulations relating to
agriculture and aquaculture;
(e) Coordinate with government agencies and
nongovernmental organizations which promote agricultural productivity
through appropriate technology compatible with environmental integrity;
(4) Be in the frontline of the delivery of basic
agricultural services, particularly those needed for the survival of
the inhabitants during and in the aftermath of man-made and natural
disasters and calamities;
(5) Recommend to the sangguniang panlungsod and
advise the city mayor on all other matters related to agriculture and
aquaculture which will improve the livelihood and living conditions of
the inhabitants; and
(6) Perform such other duties and functions and
exercise such other powers as provided for under Republic Act No. 7160,
otherwise known as the Local Government Code of 1991 and those that are
prescribed by law or ordinance.
ARTICLE VIII
The City Fire Station Service, The City Jail Service, The City School
Division and The City Prosecution Service
Sec. 47. The City Fire Station Service. — (a)
There shall be established in the City at least one (1) fire station
with adequate personnel, fire fighting facilities and equipment,
subject to the standards, rules and regulations that may be promulgated
by the Department of the Interior and Local Government. The City shall
provide the necessary land or site of the station.
(b) The city fire station service shall be headed by
a city fire marshal whose qualifications shall be as those provided for
under Republic Act No. 6975, otherwise known as the Philippine National
Police Law.
(c) The city fire station shall be responsible for
the protection and various emergency services such as rescue and
evacuation of injured people at fire-related incidents and, in general
fire prevention and suppression measures to secure the safety of life
and property of the citizenry.
Sec. 48. The City Jail Service. — (a) There shall
be established and maintained in the City a secured, clean, adequately
equipped and sanitary jail for the custody and safekeeping of
prisoners, any fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the national penitentiary,
and/or violent mentally ill person who endangers himself or the safety
of others, duly certified as such by the proper medical health officer,
pending the transfer to a mental institution.
(b) The city jail service shall be headed by a city
jail warden who must be a graduate of a four (4)-year course in
psychology, psychiatry, sociology, nursing social work or criminology
who shall assist in the immediate rehabilitation of individuals or
detention of prisoners. Great care must be exercised so that human
rights of these prisoners are respected and protected, and their
spiritual and physical well-being are properly and promptly attended to.
Sec. 49. The City School Division. — (a) The
Department of Education, Culture and Sports shall establish and
maintain a school division of the City of Maasin whose area of
jurisdiction will cover all the school districts within the City; and
(b) The city school division shall be headed by a
division superintendent who must possess the necessary qualifications
required by the Department of Education, Culture and Sports.
Sec. 50. The City Prosecution Service. — (a) There
shall be established in the City a prosecution service to be headed by
a city prosecutor and such number of assistant prosecutors as may be
necessary, who shall be organizationally part of the Department of
Justice, and under the supervision and control of the Secretary of
Justice and whose qualifications, manner of appointment, rank, salary
and benefits shall be governed by existing laws covering prosecutors in
the Department of Justice.
(b) The city prosecutor shall handle the criminal
prosecution in the municipal trial courts in the City as well as in the
regional trial courts for criminal cases originating in the territory
of the City, and shall render to or for the City such services as are
required by law, ordinance or regulation of the Department of
Justice.
(c) The Secretary of Justice shall always assure the
adequacy and quality of prosecution service in the City and for this
purpose, shall, in the absence or lack or insufficiency in number of
city assistant prosecutors as provided hereinabove, designate from
among the assistant provincial prosecutors a sufficient number to
perform and discharge the functions of the city prosecution service as
provided hereinabove.
ARTICLE IX
Transitory and Final Provisions
Sec. 51. Municipal Ordinances Existing at the Time
of the Approval of this Act. — All municipal ordinances of the
Municipality of Maasin existing at the time of the approval of this Act
shall continue to be in force within the City of Maasin until the
sangguniang panlungsod ordinance shall provide otherwise.
Sec. 52. Plebiscite. — The City of Maasin 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 Maasin within sixty (60)
days from the approval of this Act. The expenses for such plebiscite
shall be borne by the Municipality of Maasin. The Commission on
Elections shall conduct and supervise such plebiscite.
Sec. 53. Officials of the City of Maasin. — The
present elective officials of the Municipality of Maasin shall continue
to exercise their powers and functions until such a time that a new
election is held and the duly-elected officials shall have already
qualified and assumed their offices. The appointive officials and
employees of the Municipality of Maasin shall likewise continue
exercising their functions and duties and they shall be automatically
absorbed by the City Government of Maasin.
Sec. 54. Succession Clause. — The City of Maasin
shall succeed to all the assets, properties, liabilities and
obligations of the Municipality of Maasin.
Sec. 55. Election of Provincial Governor and
Sangguniang Panlalawigan Members of the Province of Southern Leyte. —
The qualified voters of the City of Maasin shall qualify to vote and
run for any elective position in the elections for provincial governor,
provincial vice-governor, sangguniang panlalawigan members and other
elective offices for the Province of Southern Leyte.
Sec. 56. Jurisdiction of the Province of Southern
Leyte. — The City of Maasin shall, unless otherwise provided by law,
continue to be under the jurisdiction of Southern Leyte Province.
Sec. 57. Suspension of Increase in Rates of Local
Taxes. — No increase in the rates of local taxes shall be imposed by
the City within the period of five (5) years from its acquisition of
corporate existence.
Sec. 58. Representative District. — Until
otherwise provided by law, the City of Maasin shall continue to be a
part of the Lone Congressional District of Southern Leyte Province.
Sec. 59. Applicability of Laws. — The provisions
of Republic Act No. 7160, otherwise known as the Local Government Code
of 1991, and such laws as are applicable to component cities shall
govern the City of Maasin insofar as they are not inconsistent with the
provisions of this Act.
Sec. 60. Separability Clause. — If any part of
this Act is declared invalid or unconstitutional, the other parts or
provisions thereof shall remain valid and effective.
Sec. 61. Reservation. — Nothing herein contained
shall preclude the determination by the appropriate agency or forum of
boundary disputes or cases involving questions of territorial
jurisdiction between the City of Maasin and any of the adjoining local
government units even after the effectivity of this Act.
Sec. 62. Repealing Clause. — All laws, decrees,
rules and regulations or parts thereof inconsistent with the provisions
of this Act are hereby repealed, amended or modified
accordingly.
Sec. 63. Effectivity. — This Act shall take effect
upon its publication in at least two (2) newspapers of general and
local circulation.
Approved: July 11, 2000
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