ARTICLE
I
General
Provisions
Section 1. Title. — This Act shall be known as the "Charter of the City of Masbate."
Sec. 2. The City of Masbate. — The Municipality of
Masbate shall be
converted into a component city to be known as the City of Masbate,
hereinafter referred to as the City, which shall comprise the present
territory of the Municipality of Masbate, Masbate Province. The
territorial jurisdiction of the City shall be within the present metes
and bounds of the Municipality of Masbate, as follows:
Bounded
on the Southeast, along points 1 to 7 by the Municipality of Mobo;
Bounded
on the South, along points 7 to 10 by the Municipality of Milagros
following Tagbon River;
Bounded
on the Southwest, along points 10 to 15 by the Municipality of Milagros;
Bounded
on the Northwest, along points 15 to 23 by the Municipality of Baleno;
Bounded
on the Northeast, along points 23 to 24 to the point of beginning by
the Masbate Pass.
Beginning
from point of the map.
POINTS
LATITUDE
LONGITUDE
1 =
(MBM 1, Cad 627) 12 20' 54.45", 123
38' 11.52"
2 =
(MBM 2, Cad 627) 12 19' 58.46", 123
37' 16.83"
3 =
(MBM 3, Cad 627) 12 19' 39.74", 123
36' 54.44"
4 =
(MBM 3-A, Cad 627) 12 18' 26.90",
123 37' 06.23"
5 =
(MBM 4, Cad 627) 12 17' 48.19", 123
37' 10.90"
6 =
(MBM 5, Cad 627) 12 17' 03.02", 123
36' 35.91"
7 =
(MBM 6, Cad 627) 12 15' 06.26", 123
36' 22.24"
8 =
(MBM 7, Cad 627) 12 14' 47.97", 123
34' 23.34"
9 =
(MBM 8, Cad 627) 12 14' 24.59", 123
32' 42.65"
10 =
(MBM 9, Cad 627) 12 14' 33.72", 123
32' 21.56"
11 =
(MBM 10, Cad 627) 12 16' 07.47",
123 32' 17.68"
12 =
(MBM 11, Cad 627) 12 17' 07.81",
123 32' 17.40"
13 =
(MBM 12, Cad 627) 12 17' 25.01",
123 32' 09.89"
14 =
(MBM 13, Cad 627) 12 17' 29.77",
123 31' 06.25"
15 =
(MBM 14, Cad 627) 12 19' 57.81",
123 30' 45.08"
16 =
(MBM 15, Cad 627) 12 21' 23.96",
123 30' 34.30"
17 =
(MBM 16, Cad 627) 12 23' 28.87",
123 30' 57.22"
18 =
(MBM 16-A, Cad 627) 12 23' 15.85",
123 30' 57.18"
19 =
(MBM 17, Cad 627) 12 24' 34.62",
123 32' 08.36"
20 =
(MBM 18, Cad 627) 12 25' 11.13",
123 32' 16.74"
21 =
(MBM 19, Cad 627) 12 26' 39.63",
123 32' 07.89"
22 =
(MBM 20, Cad 627) 12 26' 56.37",
123 32' 30.40"
23 =
(MBM 21, Cad 627) 12 27' 49.39",
123 33' 02.78"
24 =
(MBM 21-A, Cad 627) 12 27' 14.20",
123 33' 37.68"
to the
point of beginning, containing an area of eighteen thousand eight
hundred (18,800) hectares more or less.
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
Masbate 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
Masbate, 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 m.) 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 Masbate
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 m.)
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 Masbate. — (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 therefor from any
national agency, for the holding of activities for any charitable or
welfare purpose, excluding prohibited games or shows contrary to law,
public policy and public morals;
(f)
Require owners of illegally constructed houses, buildings or
other structures to obtain the necessary permit, subject to such fines
and penalties as may be imposed by law or ordinance, or to make
necessary changes in the construction of the same when said
construction violates any law or ordinance, or to order the demolition
or removal of said house, building or structure within the period
prescribed by law or ordinance;
(g)
Adopt adequate measures to safeguard and conserve land, mineral,
forest, marine and other resources of the City;
(h)
Provide efficient and effective property and supply management
in the City; and protect the funds, credits, rights and other
properties of the City; and
(i)
Institute or cause to be instituted administrative or judicial
proceedings for violation of 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
Sec. 10. The Sangguniang Panlungsod. — The
sangguniang panlungsod,
the legislative body of the City, shall be composed of the city vice
mayor as presiding officer, ten (10) regular sanggunian members, the
president of the city chapter of the liga ng mga barangay, the
president of the panlungsod na pederasyon ng mga sangguniang kabataan
and the sectoral representatives, as members.
(a) In addition thereto, there shall be three (3)
sectoral
representatives: one (1) from the women; and as shall be determined by
the sangguniang panlungsod within ninety (90) days prior to the holding
of the local elections, one (1) from the agricultural or industrial
workers; and one (1) from the other sectors, including the urban poor,
indigenous cultural communities or disabled persons.
(b) The regular members of the sangguniang panlungsod
and the
sectoral representatives shall be elected in the manner as may be
provided for by law. The elective members of the sangguniang panlungsod
shall possess the qualifications as provided under Sec. 39 of
Republic Act No. 7160.
(c) They shall receive such compensation, emoluments
and allowances as may be determined by law.
(d) The sangguniang panlungsod shall:
(1)
Approve ordinances and pass resolutions necessary for an
efficient and effective city government, and relative hereto shall:
(a)
Review all ordinances approved by the sangguniang barangay and
executive orders issued by the punong barangay to determine whether
these are within the scope of the prescribed powers of the sangguniang
barangay and of the punong barangay;
(b)
Maintain peace and order by enacting measures to prevent and
suppress lawlessness, disorder, riot, violence, rebellion or sedition
and impose penalties for the violation of said ordinances;
(c)
Approve ordinances imposing a fine not exceeding Five thousand
pesos (P5,000.00) or an imprisonment for a period not exceeding one (1)
year, or both at the discretion of the court, for violation of a city
ordinance;
(d)
Adopt measures to protect the inhabitants of the City on harmful
effects of man-made or natural disasters and calamities, and to provide
relief services and assistance for victims during and in the aftermath
of said disasters or calamities and in their return to productive
livelihood following said events;
(e)
Enact ordinances intended to prevent, suppress and impose
appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, establishment and maintenance of
houses of ill-repute, gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or property, drug
addiction, maintenance of drug dens, drug pushing, juvenile
delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and such other activities
inimical to the welfare and morals of the inhabitants of the City;
(f)
Protect the environment 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 therefor, to
ensure the safety and protection of all city government property,
public documents, or records such as those relating to property
inventory, land ownership, record of births, marriages, deaths,
assessments, taxation, accounts, business permits and such other
records and documents of public interest in the offices and departments
of the city government;
(k)
When the finances of the city government allow, provide for
additional allowances and other benefits to judges, prosecutors, public
elementary and high school teachers, and other national government
officials stationed in or assigned to the City;
(l)
Provide legal assistance to city and barangay officials
including the members of the city police who, in the performance of
their official duties or on the occasion thereof, have to initiate
judicial proceedings or defend themselves against legal actions. The
sangguniang panlungsod may authorize the city mayor to engage the
services of private counsel for this purpose; and
(m)
Provide for group insurance or additional insurance coverage for
all officials, including members of barangay tanod brigades and other
service units, with public or private insurance companies, when the
finances of the city government allows said coverage.
(2)
Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the City, with
particular attention to agro-industrial development and city-wide
growth and progress, and relative thereto, shall:
(a)
Approve the annual and supplemental budgets of the city
government and appropriate funds for specific programs, projects,
services and activities of the City, or for other purposes not contrary
to law in order to promote the general welfare of the City and its
inhabitants;
(b)
Subject to the provisions of Book II of the Local Government
Code of 1991 and the applicable laws, and upon the majority vote of all
the members of the sangguniang panlungsod, enact ordinances levying
taxes, fees and charges, prescribing the rates thereof for general and
specific purposes and granting tax exemption, incentive or
relief;
(c)
Subject to the provisions of Book II of the Local Government
Code of 1991 and upon the majority vote of all the members of the
sangguniang panlungsod, authorize the city mayor to negotiate and
contract loans and other forms of indebtedness;
(d)
Subject to the provisions of Book II of the Local Government
Code of 1991 and applicable laws and upon the majority vote of all the
members of the sangguniang panlungsod, enact ordinances authorizing the
floating of bonds or other instruments of indebtedness, for the purpose
of raising funds to finance development projects;
(e)
Appropriate funds for the construction and maintenance or the
rental of buildings for the use of the City and upon the majority vote
of all the members of the sangguniang panlungsod, authorize the city
mayor to lease to private parties such public buildings held in a
proprietary capacity, subject to existing laws, rules and
regulations;
(f)
Prescribe reasonable limits and restraints on the use of property
within the jurisdiction of the City;
(g)
Adopt a comprehensive land use plan for the City and that, the
formulation, adoption or modification of said plan shall be in
coordination within the approved provincial comprehensive land use plan;
(h)
Reclassify lands within the jurisdiction of the City subject to
the pertinent provisions of the Local Government Code of
1991;
(i)
Enact integrated zoning ordinance in consonance with the
approved comprehensive land use plan, subject to existing laws, rules
and regulations; establish fire limits or zones, particularly in
populous centers, and regulate the construction, repair or modification
of buildings within said fire limits or zones in accordance with the
provisions of the Fire Code;
(j)
Subject to national law, process and approve subdivision plans
for residential, commercial or industrial purposes and other
development purposes, and to collect processing fees and other charges,
the proceeds of which shall accrue entirely to the City: 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 approved thereof;
(k)
Subject to the provisions of Book II of the Local Government
Code of 1991, grant the exclusive privilege of constructing fish
corrals or fish pens, or the taking or catching of bangus fry, prawn
fry or kawag-kawag, or fry of any species of fish within the city
waters;
(l)
With the concurrence of at least two-thirds (2/3) of all the
members of the sangguniang panlungsod, grant tax 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 m.)
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
therefor;
(h)
Regulate the drilling and excavation of the ground for the
laying of water, gas, sewer, and other pipes and the construction,
repair and maintenance of public drains, sewers, cesspools, tunnels and
similar structures; regulate the placing of poles and the use of
crosswalks, curbs and gutters; adopt measures to ensure public safety
against open canals, manholes, live wires and other similar hazards to
life and property; and regulate the construction and use of private
water closets, privies and other similar structures in buildings and
homes;
(i)
Regulate the placing, stringing, attaching, installing, repair
and construction of all gas mains, electric telegraph and telephone
wires, conduits, meters and other apparatus; and provide for the
correction, condemnation or removal of the same when found to be
dangerous to the welfare of the inhabitants;
(j)
Subject to the availability of funds and the existing laws,
rules and regulations, establish and provide for the operation of
vocational and technical schools and similar post secondary
institutions and, with the approval of the Department of Education,
Culture and Sports and subject to existing laws on tuition fees, fix
and collect reasonable tuition fees and other school charges in
educational institutions supported by the city government;
(k)
Establish a scholarship fund for poor but deserving students in
schools located within its jurisdiction or for students residing within
the City;
(l)
Approve measures and adopt quarantine regulations to prevent the
introduction and spread of diseases;
(m)
Provide for an efficient and effective system of solid waste and
garbage collection and disposal and prohibit littering and the placing
or throwing of garbage, refuse and other filth and wastes;
(n)
Provide for the care of disabled persons, paupers, the aged, the
sick, persons of unsound mind, abandoned minors, juvenile delinquents,
drug dependents, abused children and other needy and disadvantaged
persons, particularly children and the youth below eighteen (18) years
of age; and subject to availability of funds, establish and provide for
the operation of centers and facilities for the said needy and
disadvantaged persons;
(o)
Establish and provide for the maintenance and improvement of
jails and detention centers, institute a sound jail management program,
and appropriate funds for the subsistence of detainees and convicted
prisoners in the City;
(p)
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
Sec. 11. Internal Rules of Procedure. — (a) On the
first regular
session following the election of its members and within ninety (90)
days thereafter, the sangguniang panlungsod shall adopt or update its
existing rules of procedure.
(b) The rules of procedure shall provide for the
following:
(1)
The organization of the sanggunian and the election of its
officers as well as the creation of standing committees which shall
include, but shall not be limited to, the committees on appropriations,
revenues, engineering and public works, education and health, women and
family, human rights, youth and sports development, environmental
protection, peace and order and traffic, and cooperatives; the general
jurisdiction of each committee; and the election of the chairman and
members of each committee;
(2)
The order and calendar of business for each session;
(3)
The legislative process;
(4)
The parliamentary procedures which include the conduct of members
during sessions;
(5)
The discipline of members for disorderly behavior and absences
without justifiable cause for four (4) consecutive sessions for which
they may be censured, reprimanded or excluded from the session,
suspended for not more than sixty (60) days, or expelled: provided,
that the penalty of suspension or expulsion shall require the
concurrence of at least two-thirds (2/3) vote of all the sanggunian
members: provided, further, that the member convicted by final judgment
to imprisonment of at least one (1) year for any crime involving moral
turpitude shall be automatically expelled from the sanggunian; and
(6)
Such other rules as the sanggunian may adopt.
Sec. 12. Full Disclosure of Financial and Business
Interests of
Sangguniang Panlungsod Members. — (a) Every sangguniang panlungsod
member shall, upon assumption to office, make a full disclosure of his
business and financial interests. He shall also disclose any business,
financial, professional relationship or any relation by affinity or
consanguinity within the fourth civil degree, which he may have with
any person, firm or entity affected by any ordinance or resolution
under consideration by the sanggunian of which he is a member, which
relationship may result in conflict of interests. Such relationship
shall include:
(1)
Ownership of stock or capital, or investment in the entity or firm to
which the ordinance or resolution may apply; and
(2)
Contracts or agreements with any person or entity which the ordinance
or resolution under consideration may affect.
In the
absence of a specific constitutional or statutory provisions
applicable to this situation, "conflict of interest" refers in general
to one where it may be reasonably deduced that a member of a sanggunian
may not act in the public interest due to some private, pecuniary or
other personal considerations that may tend to affect his judgment to
the prejudice of the service or the public.
(b) The disclosure required under this Act shall be
made in writing
and submitted to the secretary of the sanggunian or the secretary of
the committee of which he is a member. The disclosure shall, in all
cases, form part of the record of the proceedings and shall be made in
the following manner:
(1)
Disclosure shall be made before the member participates in the
deliberations on the ordinance or resolution under consideration:
provided, that if the member did not participate during the
deliberations, the disclosure shall be made before voting on the
ordinance or resolution on second and third readings; and
(2)
Disclosure shall be made when a member takes a position or makes
a privilege speech on a matter that may affect the business interest,
financial connection or professional relationship described
herein.
Sec. 13. Sessions. — (a) On the first day of the
session immediately
following the election of its members, the sangguniang panlungsod
shall, by resolution, fix the day, time and place of its sessions. The
minimum number of regular sessions shall be once a week for the
sangguniang panlungsod and twice a month for the sangguniang barangay.
(b) When the public interest so demands, special
sessions may be
called by the city mayor or by a majority of the members of the
sanggunian.
(c) All sanggunian sessions shall be open to the
public unless a
closed-door session is ordered by an affirmative vote of a majority of
the members present, there being a quorum, in the public interest or
for reasons of security, decency or morality. No two (2) sessions,
regular or special, may be held in a single day.
(d) In the case of special sessions of the
sanggunian, a written
notice to the members shall be served personally at the members' usual
place of residence at least twenty-four (24) hours before the special
session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the
sanggunian members present, there being a quorum, no other matters may
be considered at a special session except those stated in the notice.
(e) The sanggunian shall keep a journal and record of
its
proceedings which may be published upon resolution of the sangguniang
panlungsod.
Sec. 14. Quorum. — (a) A majority of all the members
of the
sanggunian who have been elected and qualified shall constitute a
quorum to transact official business. Should a question of quorum be
raised during a session, the presiding officer shall immediately
proceed to call the roll of the members and thereafter announce the
results.
(b) Where there is no quorum, the presiding officer
may declare a
recess until such time as a quorum is constituted, or a majority of the
members present may adjourn from day to day and may compel the
immediate attendance of any member absent without justifiable cause by
designating a member of the sanggunian, to be assisted by a member or
members of the police force assigned in the territorial jurisdiction of
the City of Masbate, to arrest the absent member and present him at the
session.
(c) If there is still no quorum despite the
enforcement of the
immediately preceding subsection, no business shall be transacted. The
presiding officer, upon proper motion duly approved by the members
present, shall then declare the session adjourned for lack of quorum.
Sec. 15. Approval of Ordinances. — (a) Every
ordinance enacted by
the sangguniang panlungsod shall be presented to the city mayor. If the
city mayor approves the same, he shall affix his signature on each and
every page thereof; otherwise, he shall veto it and return the same
with his objections to the sanggunian, which may proceed to reconsider
the same. The sanggunian may override the veto of the city mayor by
two-thirds (2/3) vote of all its members, thereby making the ordinance
or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the city mayor
to the
sanggunian within ten (10) days; otherwise, the ordinance shall be
deemed approved as if he had signed it.
Sec. 16. Veto Power of the City Mayor. — (a) The city
mayor may veto
any ordinance of the sangguniang panlungsod on the ground that it is
ultra vires or prejudicial to the public welfare, stating his reasons
thereof in writing.
(b) The city mayor shall have the power to veto any
particular item
or items of an appropriations ordinance, an ordinance or resolution
adopting a local development plan, any public investment program or an
ordinance directing the payment of money or creating liability. In such
case, the veto shall not affect the item or items which are not
objected to. The vetoed item or items shall not take effect unless the
sangguniang panlungsod overrides the veto in the manner herein
provided; otherwise, the item or items in the appropriations ordinance
of the previous year corresponding to those vetoed, if any, shall be
deemed enacted.
(c) The city mayor may veto an ordinance or
resolution only once.
The sanggunian may override the veto of the city mayor by two-thirds
(2/3) vote of all its members, thereby making the ordinance effective
even without the approval of the city mayor.
Sec. 17. Review of City Ordinances by the Sangguniang
Panlalawigan.
— (a) Within three (3) days after approval, the secretary to the
sangguniang panlungsod shall forward to the sangguniang panlalawigan
for review, copies of approved ordinances and the resolutions approving
the local development plans and public investment programs formulated
by the local development councils.
(b) Within thirty (30) days after receipt of copies
of such
ordinances and resolutions, the sangguniang panlalawigan shall examine
the documents or transmit them to the provincial attorney or the
provincial prosecutor for prompt examination. The provincial attorney
or the provincial prosecutor shall, within a period of ten (10) days
from receipt of the documents, inform the sangguniang panlalawigan in
writing of his comments or recommendations, which may be considered by
the sangguniang panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that such
an ordinance or
resolution is beyond the power conferred upon the sangguniang
panlungsod concerned, it shall declare such ordinance or resolution
invalid in whole or in part. The sangguniang panlalawigan shall enter
its action in the minutes and shall advise the corresponding city
authorities of the action it has taken.
(d) If no action has been taken by the sangguniang
panlalawigan
within thirty (30) days after submission of such an ordinance or
resolution, the same shall be presumed consistent with law and
therefore valid.
Sec. 18. Review of Barangay Ordinances by the
Sangguniang
Panlungsod. — (a) Within ten (10) days after its enactment, the
sangguniang barangay shall furnish copies of all barangay ordinances to
the sangguniang panlungsod for review as to whether the ordinance is
consistent with law and city ordinances.
(b) If the sangguniang panlungsod fails to take
action on barangay
ordinances within thirty (30) days from receipt thereof, the same shall
be deemed approved.
(c) If the sangguniang panlungsod finds the barangay
ordinances
inconsistent with law or city ordinances, the sangguniang panlungsod
shall, within thirty (30) days from receipt thereof, return the same
with its comments and recommendations to the sangguniang barangay
concerned for adjustment, amendment or modification; in which case, the
effectivity of the barangay ordinance is suspended until such time as
the revision called for is effected.
Sec. 19. Enforcement of Disapproved Ordinances or
Resolutions. — Any
attempt to enforce any ordinance or any resolution approving the local
development plan and public investment program, after the disapproval
thereof, shall be sufficient ground for the suspension or dismissal of
the official or employee concerned.
Sec. 20. Effectivity of Ordinances or Resolutions. —
(a) Unless
otherwise stated in the ordinance or the resolution approving the local
development plan and public investment program, the same shall take
effect after ten (10) days from the date a copy thereof is posted in a
bulletin board at the entrance of the City Hall of Masbate, and in at
least two (2) other conspicuous places in the City of Masbate.
(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 Masbate, and in at least two (2)
conspicuous places in the City of Masbate 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 in the immediately preceding local election.
Sec. 23. Permanent Vacancies in the Sanggunian. — (a)
Permanent
vacancies in the sangguniang panlungsod where automatic succession as
provided above does not apply shall be filled by appointments in the
following manner:
(1)
The provincial governor shall make the aforesaid appointments;
(2)
Only the nominee of the political party under which the
sanggunian member concerned had been elected shall be appointed in the
manner herein provided. The appointee shall come from the political
party as that of the sanggunian member who caused the vacancy and shall
serve the unexpired term of the vacant office. In the appointment
herein mentioned, a nomination and a certificate of membership of the
appointee from the highest official of the political party concerned
are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall
be a ground for administrative action against the official responsible
therefor;
(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 Masbate, 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 I of
the Local Government Code of 1991;
(6)
Furnish, upon request of any interested party, certified copies
of records of public character in his custody, upon payment to the city
treasurer of such fees as may be prescribed by ordinance;
(7)
Record in a book kept for the purpose, all ordinances and
resolutions enacted or adopted by the sangguniang panlungsod, with the
dates of passage and publication thereof;
(8)
Keep his office and all nonconfidential records therein open to the
public during usual business hours;
(9)
Translate into the dialect used by the majority of the
inhabitants all ordinances and resolutions immediately after their
approval and cause the publication of the same together with the
original version in the manner provided under the Local Government Code
of 1991;
(10)
Take custody of the local archives and where applicable, the local
library and annually account for the same; and
(11)
Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance relative to his
position.
Sec.
26. The City Treasurer. — (a) The city treasurer
shall be
appointed by the Secretary of Finance from a list of at least three (3)
ranking eligible recommendees of the city mayor, subject to the civil
service law, rules and regulations.
(b) The city treasurer shall be under the
administrative supervision
of the city mayor, to whom he shall report regularly on the tax
collection efforts of the City.
(c) No person shall be appointed treasurer unless he
is a citizen of
the Philippines, a resident of the City of Masbate, 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 Masbate, 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 Masbate, 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 Masbate, 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 Masbate, of good
moral character, and a certified public accountant. He must have
acquired experience in the treasury or accounting service for at least
five (5) years immediately preceding the date of his
appointment.
(b) The city accountant shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city accountant shall take charge of both the
office of the accounting and internal audit services, and shall:
(1)
Install and maintain an internal audit system in the City;
(2)
Prepare and submit financial statements to the city mayor and to the
sangguniang panlungsod;
(3)
Appraise 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 Masbate, 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 Masbate, 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 Masbate, 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 Masbate, 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)
Advise the city mayor and the sangguniang panlungsod on matters
pertaining to health;
(c)
Execute and enforce all laws, ordinances and regulations relating to
public health;
(d)
Recommend to the sangguniang panlungsod through the Local Health
Board the passage of such ordinances as he may deem necessary for the
preservation of public health;
(e)
Recommend the prosecution of any violation of sanitary laws, ordinances
or regulations;
(f)
Direct the sanitary inspection of all business 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; and
(h)
Coordinate with other government agencies and nongovernmental
organizations involved in the promotion and delivery of health services.
(5)
Be in the frontline of the delivery of health services,
particularly during and in the aftermath of man-made and natural
disasters and calamities; and
(6)
Perform such other duties and functions and exercise such other
powers as provided for under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, and those that are prescribed by law
or ordinance.
Sec.
35. The City Civil Registrar. — (a) The city civil
registrar
must be a citizen of the Philippines, a resident of the City of
Masbate, 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 Masbate, pursuant to the Civil
Registry Law, the Civil Code, and other pertinent laws, rules and
regulations issued to implement them.
(d) The city civil registrar shall take charge of the
office of the city civil registry, and shall:
(1)
Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with the management and administration-related programs and projects
which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide for under the Local
Government Code of 1991;
(2)
In addition to the foregoing duties and functions, the civil registrar
shall:
(a)
Accept all registrable documents and judicial decrees affecting the
civil status of persons;
(b)
File, keep and preserve in a secure place the books required by law;
(c)
Transcribe and enter immediately upon receipt all registrable
documents and judicial decrees affecting the civil status of persons in
the appropriate civil registry books;
(d)
Transmit to the Office of the Civil Registrar-General, within
the prescribed period, duplicate copies of registered documents
required by law;
(e)
Issue certified transcripts or copies of any certificate or
registered documents upon payment of the required fees to the treasurer;
(f)
Receive applications for the issuance of a marriage license and,
after determining that the requirements and supporting certificates and
publication thereof for the prescribed period have been complied with,
issue the license upon payment of the authorized fee to the treasurer;
and
(g)
Coordinate with the National 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
Masbate.
(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 Masbate, 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; and
(c)
Conduct a continuing organizational development of the City with
the end in view of instituting effective administrative
reforms.
(3)
Be in the frontline of the delivery of administrative support
services, particularly those related to the 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 Masbate, 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 Masbate, 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
provisions of adequate facilities relative to social welfare and
development services;
(2)
Develop plans and strategies and upon approval thereof by the
city mayor, implement the same particularly those which have to do with
social welfare programs and projects which the city mayor is empowered
to implement and which the sangguniang panlungsod is empowered to
provide;
(3)
Be in the frontline of the delivery of services particularly
those which have to do with immediate relief and assistance during and
in the aftermath of man-made and natural disasters and
calamities;
(4)
Recommend to the sangguniang panlungsod and advise the city
mayor on all other matters related to social welfare and development
services which will improve the livelihood and living conditions of the
inhabitants; and
(5)
Perform such other duties and functions and exercise such other
powers as provided for under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, and those that are prescribed by law
or ordinance.
Sec.
39. The City Veterinarian. — (a) The city
veterinarian must be
a citizen of the Philippines, a resident of the City of Masbate, of
good moral character, and a licensed doctor of veterinary medicine. He
must have practiced his profession for at least three (3) years
immediately preceding the date of his appointment.
(b) The city veterinarian shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city veterinarian shall take charge of the
office of veterinary services, and shall:
(1)
Formulate measures for consideration of the sangguniang
panlungsod and provide technical assistance and support to the city
mayor in carrying out measures to ensure the delivery of basic services
and provision of adequate facilities;
(2)
Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with veterinary-related activities which the city mayor is empowered to
implement and which the sangguniang panlungsod is empowered to provide;
(3)
In addition to the foregoing duties and functions, the city
veterinarian shall:
(a)
Advise the city mayor on all matters pertaining to the slaughter
of animals for human consumption and the regulation of slaughterhouses;
(b)
Regulate the keeping of domestic animals;
(c)
Regulate and inspect poultry, milk and dairy products for public
consumption;
(d)
Enforce all laws and regulations for the prevention of cruelty of
animals; and
(e)
Take the necessary measures to eradicate, prevent or cure all forms of
animal diseases.
(4)
Be in the frontline of veterinary-related activities, such as
the 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 Masbate, of good moral character, a holder of a college
degree in public administration, business administration or management
from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
general services, including management of supply, solid waste disposal
and general sanitation for at least five (5) years immediately
preceding the date of his appointment.
(b) The city general services officer shall receive
such compensation, emoluments and allowances as may be determined bylaw.
(c) The city general services officer shall take
charge of the office of the general services, and shall:
(1)
Formulate measures for the consideration of the sangguniang
panlungsod and provide technical assistance and support to the city
mayor in carrying out measures to ensure the delivery of basic services
and provision of adequate facilities which require general services
expertise and technical support services;
(2)
Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with the general services supportive of the welfare of the inhabitants
of the City which the city mayor is empowered to implement and which
the sangguniang panlungsod is empowered to provide under the Local
Government Code of 1991;
(3)
In addition to the foregoing duties and functions, the city general
services officer shall:
(a)
Take custody of and be accountable for all properties, real or
personal, owned by the City, and those granted to it in the form of
donation, reparation, assistance and counterpart of joint
projects;
(b)
With the approval of the city mayor, assign building or land
space to local officials or other public officials, who by law, are
entitled to space;
(c)
Recommend to the city mayor the reasonable rental rates for
local government properties, whether real or personal, which will be
leased to public or private entities by the local government;
(d)
Recommend to the city mayor reasonable rental rates of private
properties which may be leased for the official use of the City;
(e)
Maintain and supervise janitorial, security, landscaping and
other related services in all local government public buildings and
other real property, whether owned or leased by the City;
(f)
Collate and disseminate information regarding prices, shipping
and other costs of supplies and other items commonly used by the City;
(g)
Perform archival and record management with respect to records of
offices and departments of the City; and
(h)
Perform all other functions pertaining to supply and property
management heretofore performed by the local government treasurer and
enforce policies on records creation, maintenance, and disposal.
(4)
Be in the frontline of general services-related activities, such
as the possible and imminent destruction or damage to records,
supplies, properties, and structure materials or debris, particularly
during and in the aftermath of man-made and natural disasters and
calamities;
(5)
Recommend to the sangguniang panlungsod and advise the city mayor on
all matters relative to general services; and
(6)
Perform such other duties and functions and exercise such other
powers as provided for under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, and those that are prescribed by law
or ordinance.
Sec. 41. The City Environment and Natural Resources
Officer. — (a)
The city environment and natural resources officer must be a citizen of
the Philippines, a resident of the City of Masbate, 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 Masbate, of good
moral character, and a duly licensed architect. He must have practiced
his profession for at least five (5) years immediately preceding the
date of his appointment.
(b) The city architect shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city architect shall take charge of the
office on the architectural planning and design, and shall:
(1)
Formulate measures for the consideration of the sangguniang
panlungsod and provide technical assistance and support to the city
mayor in carrying out measures to ensure the delivery of basic services
and provision of adequate facilities relative to architectural planning
and design;
(2)
Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with architectural planning and design programs and projects which the
city mayor is empowered to implement and which the sangguniang
panlungsod is empowered to provide under the Local Government Code of
1991;
(3)
In addition to the foregoing duties and functions, the architect shall:
(a)
Prepare and recommend for consideration of the sanggunian the
architectural plan and design for the City or a part thereof, including
the renewal of slums and blighted areas, land reclamation activities,
the greening of land, and appropriate planning of marine and foreshore
areas;
(b)
Review and recommend for appropriate action of the sanggunian or
mayor as the case may be, the architectural plans and design submitted
by governmental and nongovernmental entities or individuals,
particularly those for undeveloped, underdeveloped and poorly designed
areas; and
(c)
Coordinate with government and nongovernment entities and
individuals involved in the aesthetics and the maximum utilization of
the land and water within the jurisdiction of the City, compatible with
environmental integrity and ecological balance.
(4)
Be in the frontline of the delivery of services involving
architectural planning and design, particularly those related to the
redesigning of spatial distribution of basic facilities and physical
structures during and in the aftermath of man-made and natural
disasters and calamities;
(5)
Recommend to the sangguniang panlungsod and advise the city
mayor on all matters relative to architectural planning and design as
it relates to the total socioeconomic development of the city; and
(6)
Perform such other duties and functions and exercise such other
powers as provided for under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, and those that are prescribed by law
or ordinance.
Sec. 43. The City Information Officer. — (a) The city
information
officer must be a citizen of the Philippines, a resident of the City of
Masbate, of good moral character, a holder of a college degree
preferably in journalism, mass communications, or any related course
from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have experience in writing
articles and research papers, or writing for print, television or
broadcast media for at least five (5) years immediately preceding the
date of his appointment.
(b) The city information officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city information officer shall take charge of
the office on public information, and shall:
(1)
Formulate measures for the consideration of the sangguniang
panlungsod and provide technical assistance and support to the city
mayor in providing the information and research data required for the
delivery of basic services and provision of adequate facilities so that
the public becomes aware of said services and may fully avail of the
same;
(2)
Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with public information and research data to support programs and
projects which the city mayor is empowered to implement and which the
sangguniang panlungsod is empowered to provide;
(3)
In addition to the foregoing duties and functions, the city information
officer shall:
(a)
Provide relevant, adequate and timely information to the City and its
residents;
(b)
Furnish information and data on the City to government agencies
or offices as may be required by law or ordinance; and nongovernmental
organizations to be furnished to said agencies and organizations; and
(c)
Maintain effective liaison with the various sectors of the
community on matters and issues that affect the livelihood and the
quality of life of the inhabitants and encourage support for programs
of the local and national government.
(4)
Be in the frontline in providing information during and in the
aftermath of man-made and natural disasters and calamities, with
special attention to the victims thereof, to help minimize injuries and
casualties during and after the emergency, and to accelerate relief and
rehabilitation;
(5)
Recommend to the sangguniang panlungsod and advise the city
mayor on all matters relative to public information and research data
as it relates to the total socioeconomic development of the City; and
(6)
Perform such other duties and functions and exercise such other
powers as provided for under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, and those that are prescribed by law
or ordinance.
Sec. 44. The City Cooperatives Officer. — (a) The
city cooperatives
officer must be a citizen of the Philippines, a resident of the City of
Masbate, 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
Masbate, of good moral character, a holder of a college degree
preferably with specialized training in population development from a
recognized college or university, and a first grade civil service
eligible or its equivalent. He must have experience in the
implementation of programs or population development or responsible
parenthood for at least five (5) years immediately preceding the date
of his appointment.
(b) The city population officer shall receive such
compensation, emoluments and allowances as may be determined by law.
(c) The city population officer shall take charge of
the office of the population development, and shall:
(1)
Formulate measures for the consideration of the sangguniang
panlungsod and provide technical assistance and support to the city
mayor in carrying out measures to ensure the delivery of basic services
and provisions of adequate facilities relative to the integration of
the population development principles and in providing access to said
services and facilities;
(2)
Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with the integration of population development principles and methods
in program and projects which the city mayor is empowered to implement
and which the sangguniang panlungsod is empowered to provide; and
(3)
In addition to the foregoing duties and functions, the population
officer shall:
(a)
Assist the city mayor in the implementation of the
constitutional provisions relative to population development and the
promotion of responsible parenthood;
(b)
Establish and maintain an updated data bank for program
operations, development planning and an educational program to ensure
the people's participation in and understanding of population
development; and
(c)
Implement appropriate training programs responsive to the cultural
heritage of the inhabitants.
(4)
Perform such other duties and functions and exercise such other
powers as provided for under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, and those that are prescribed by law
or ordinance.
Sec.
46. The City Agriculturist. — (a) The city
agriculturist must
be a citizen of the Philippines, a resident of the City of Masbate, 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 provisions of adequate facilities relative to agricultural
services;
(2)
Develop plans and strategies and, upon approval thereof by the
city mayor, implement the same, particularly those which have to do
with agricultural programs and projects which the city mayor is
empowered to implement and which the sangguniang panlungsod is
empowered to provide;
(3)
In addition to the foregoing duties and functions, the city
agriculturist shall:
(a)
Ensure that maximum assistance and access to resources in the
production, processing and marketing of agricultural and aquacultural
and marine products are extended to farmers, fishermen and local
entrepreneurs;
(b)
Conduct or cause to be conducted location-specific agricultural
researches and assist in making available the appropriate technology
arising out of and disseminating information on basic research on
crops, prevention and control of plant diseases and pests, and other
agricultural matters which will maximize productivity;
(c)
Assist the city mayor in the establishment and extension
services of demonstration farms or aquaculture and marine products;
(d)
Enforce rules and regulations relating to agriculture and aquaculture;
and
(e)
Coordinate with government agencies and nongovernmental
organizations which promote agricultural productivity through
appropriate technology compatible with environmental integrity.
(4)
Be in the frontline of the delivery of basic agricultural
services, particularly those needed for the survival of the inhabitants
during and in the aftermath of man-made and natural disasters and
calamities;
(5)
Recommend to the sangguniang panlungsod and advise the city
mayor on all other matters related to agriculture and aquaculture which
will improve the livelihood and living conditions of the inhabitants;
and
(6)
Perform such other duties and functions and exercise such other
powers as provided for under Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, and those that are prescribed by law
or ordinance.
ARTICLE
VIII
The City Fire Station Service, The City
Jail Service, The City School Division
and
The City Prosecution Service
Sec. 47. The City Fire Station Service. — (a) There
shall be
established in the City at least one (1) fire station with adequate
personnel, fire fighting facilities and equipment, subject to the
standards, rules and regulations that may be promulgated by the
Department of the Interior and Local Government. The City shall provide
the necessary land or site of the station.
(b) The city fire station service shall be headed by
a city fire
marshal whose qualifications shall be as those provided for under
Republic Act No. 6975, otherwise known as the Philippine National
Police Law.
(c) The city fire station shall be responsible for
the protection
and various emergency services such as rescue and evacuation of injured
people at fire-related incidents and, in general fire prevention and
suppression measures to secure the safety of life and property of the
citizenry.
Sec. 48. The City Jail Service. — (a) There shall be
established and
maintained in the City a secured, clean, adequately equipped and
sanitary jail for the custody and safekeeping of prisoners, any
fugitive from justice, or person detained awaiting investigation or
trial and/or transfer to the national penitentiary, and/or violent
mentally ill person who endangers himself or the safety of others, duly
certified as such by the proper medical health officer, pending the
transfer to a mental institution.
(b) The city jail service shall be headed by a city
jail warden who
must be a graduate of a four (4)-year course in psychology, psychiatry,
sociology, nursing, social work or criminology who shall assist in the
immediate rehabilitation of individuals or detention of prisoners.
Great care must be exercised so that human rights of these prisoners
are respected and protected, and their spiritual and physical
well-being are properly and promptly attended to.
Sec. 49. The City School Division. — (a) The
Department of
Education, Culture and Sports shall establish and maintain a school
division of the City of Masbate 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 Masbate
existing at the time of the approval of this Act shall continue to be
in force within the City of Masbate until the sangguniang panlungsod
ordinance shall provide otherwise.
Sec. 52. Plebiscite. — The City of Masbate 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 Masbate within sixty (60) days from the
approval of this Act. The expenses for such plebiscite shall be borne
by the Municipality of Masbate. The Commission on Elections shall
conduct and supervise such plebiscite.
Sec. 53. Officials of the City of Masbate. — The
present elective
officials of the Municipality of Masbate 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 Masbate shall likewise continue exercising their
functions and duties and they shall be automatically absorbed by the
City Government of Masbate.
Sec. 54. Succession Clause. — The City of Masbate
shall succeed to
all the assets, properties, liabilities and obligations of the
Municipality of Masbate.
Sec. 55. Election of Provincial Governor and
Sangguniang
Panlalawigan Members of the Province of Masbate. — The qualified voters
of the City of Masbate 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 Masbate.
Sec. 56. Jurisdiction of the Province of Masbate. —
The City of
Masbate shall, unless otherwise provided by law, continue to be under
the jurisdiction of Masbate 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 Masbate shall continue to be a part of the Second
Congressional District of Masbate 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
Masbate 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 Masbate 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: August 16, 2000.
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