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REPUBLIC ACT NO. 8509 - AN ACT
CONVERTING THE MUNICIPALITY OF SAN FERNANDO, LA UNION, INTO A COMPONENT
CITY TO BE KNOWN AS THE CITY OF SAN FERNANDO |
ARTICLE I Section 1. Title. — This Act shall be known as the "Charter of the City of San Fernando." Sec. 2. The City of San Fernando. — The Municipality of San Fernando in the Province of La Union is hereby converted into a component city to be known as the City of San Fernando, hereinafter referred to as the City, which shall comprise of the present territory of the Municipality of San Fernando, Province of La Union. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of San Fernando. Sec. 3. Corporate Powers of the City. — The City
constitutes a political body corporate and as such is endowed with the
attributes of perpetual succession and possessed of the powers which
pertain to a municipal corporation to be exercised in conformity with
the provisions of this Charter. The City shall have the following
corporate powers: Sec. 4. General Powers of the City. — The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes, close and open roads, streets, alleys, parks or squares subject to the provisions of the Constitution and existing laws. It may take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interest of the City, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits wherein said City is a party, and exercise all the powers as are granted to corporations and/or hereinafter conferred. Sec. 5. Liability for Damages. — The City and its officials shall not be exempt from liability for death or injury to persons or damage to property. Sec. 6. Jurisdiction of the City. — The
jurisdiction of the City of San Fernando, for police purposes only,
shall be coextensive with its territorial jurisdiction, and for the
purpose of protecting and insuring the purity of the water supply of
the City, such police jurisdiction shall also extend over all territory
within the drainage area of such water supply, or within one hundred
(100) meters of any reservoir, conduit, canal, aqueduct or pump station
used in connection with the City water service. The city court of the
City shall have concurrent jurisdiction with the city or municipal
courts of adjoining municipalities or cities, to try crimes and
misdemeanors committed within said drainage area, or within said spaces
of one hundred (100) meters. The court first taking cognizance of such
an offense shall have jurisdiction to try said cases to the exclusion
of others. 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 Sec. 7. The Officials of the City of San Fernando. — (a) There shall be in the City of San Fernando a city mayor, a 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 veterinarian, a city social welfare and development officer, and a city general services officer. (b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city agriculturist, a city population officer, a city environment and natural resources officer, and a city cooperatives officer. (c) The City of San Fernando may: (1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; (2) Create such other offices as may be necessary to carry out the purposes of the City; or (3) Consolidate the functions of any office with those of another in the interest of efficiency and economy. (d) Unless otherwise provided herein, all appointive city officials of the City 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 appointments within fifteen (15) days from the date of their submission, otherwise the same shall be deemed confirmed. ARTICLE III 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 the city mayor unless: (1) He is a citizen of the Philippines; (2) He is at least twenty-one (21) years of age; (3) An actual resident of the City for at least one (1) year immediately preceding the day of the election; and (4) A registered 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, otherwise known as the salary standardization law, 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 Republic Act No. 7160, otherwise known as the Local Government Code of 1991, this Act, and other applicable laws. For efficient, effective and economical governance the purpose of which is the general welfare of the City and its inhabitants, the city mayor shall: (1) Exercise general supervision and control over all programs, projects, services and activities of the City, and in this connection, shall: (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 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; (f) Represent the City in all its business transactions and sign in its behalf all bonds, contracts and obligations, and such other documents upon authority of the sangguniang panlungsod or pursuant to existing laws or ordinances; (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 officials and employees of the City in accordance with law or ordinance; (i) Allocate and assign office space to City and other officials and employees who, by law or ordinance, are entitled to such space in the city hall and other buildings owned or leased by the city government; (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 respective council chairmen 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 or 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 the 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; and 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 corporate powers, implement all approved policies, programs, projects, services and activities of the City and, in addition thereto, shall: rep (a) Ensure that the acts of the City's component barangays and of their officials and employees are within the scope of their prescribed powers, duties and functions; (b) Call conventions, conferences, seminars or meetings of elective and appointive officials of the City, including provincial officials and national officials and employees stationed in or assigned to the City, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the City 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 firearm within his territorial jurisdiction; (e) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the City and, upon its approval, implement the same and, as such representative, exercise general and operational control and supervision over the local 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 to 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 in the implementation of development plans, program objectives and priorities, particularly those resources and revenues programmed for agro-industrial development and countryside growth and progress, and relative thereto, shall: (a) Require each head of office or department to prepare and submit an estimate of appropriations for the ensuing calendar year in accordance with the budget preparation process prescribed under the Local Government Code; (b) Prepare and submit to the sangguniang panlungsod 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; (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 have been issued pursuant to law or ordinance; (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 of chance 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, marine, forest 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, shall: (a) Ensure that the construction and repair of roads and highways funded by the national government shall, as far as practicable, be 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 and provincial offices. (5) Exercise such other powers and perform such other duties and functions as may be 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 thereunder. ARTICLE IV Section 10. The Sangguniang Panlungsod. — (a) The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as presiding officer, the twelve (12) regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members. (b) 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 agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or disabled persons. (c) 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 must be at least eighteen (18) years of age on election day. In addition, they shall possess the same other qualifications as that of the city mayor and vice mayor. (d) They shall receive such compensation, emoluments and allowances as may be determined by law or ordinance. (e) The sangguniang panlungsod shall: (1) Approve ordinances and pass resolutions necessary for an efficient and effective city government and, relative thereto, 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 imprisonment not exceeding one (1) year or a fine not exceeding Five thousand pesos (P5,000.00) or both imprisonment and fine at the discretion of the court, for the violation of a city ordinance; (d) Adopt measures to protect the inhabitants of the City from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance 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 and 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 and 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 provisions of the Local Government Code and applicable 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, records of births, marriages, deaths, assessments, taxation, accounts, business permits and such other records and documents of public interest in the offices and departments of the city government; (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 barangay officials who in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and (m) Provide for group insurance or additional insurance coverages for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow such 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 and applicable laws and upon the majority vote of all members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; (c) Subject to the provisions of Book II of the Local Government Code and upon a majority vote of all 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 and applicable laws and upon a 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 a 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: Provided, That the formulation and adoption or modification of said plan shall be in coordination with the approved provincial comprehensive land use plan; (h) Reclassify agricultural lands within the jurisdiction of the City, subject to the pertinent provisions of the Local Government Code; (i) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code; (j) Subject to national law, process and approve subdivision plans for residential, commercial or industrial purposes and other development purposes, and to collect processing fees and other charges the proceeds of which shall accrue entirely to the City: Provided, however, That where approval of a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof; (k) Subject to the provisions of Book II of the Local Government Code, 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 reliefs to entities engaged in community growth-inducing industries, subject to the provisions of the Local Government Code; (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 applicable 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) 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; or require the filling up of any land or premises to a grade necessary for proper sanitation; (c) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments; (d) 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; (e) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet; (f) 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; (g) Regulate the establishment, operation and maintenance of any entertainment or amusement facilities, including the theatrical performances, circuses, billiard or pool halls, public dancing schools, public dance halls, sauna baths, massage parlors, and other places for 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; (h) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and (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. (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, and in addition to said services and facilities, shall: (a) Provide for the establishment, maintenance, protection and conservation of communal forests and watersheds, tree parks, green belts, mangroves and other similar forest development projects; (b) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures; (c) Authorize the establishment, maintenance and operation by the city government of ferries, wharves and other structures intended to accelerate productivity related to marine and seashore or offshore activities; (d) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products and other foodstuffs for public consumption; (e) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places; (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 applicable 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 and within one hundred meters (100 m.) of the reservoir, conduit, canal, 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, defective or otherwise hazardous to the welfare of the inhabitants; (j) Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the 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 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 youth below eighteen (18) years of age and, subject to the availability of funds, establish and provide for the operation of centers and facilities for them. (o) Establish and provide for the maintenance and improvement of jail and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the City; (p) Establish a city council whose purpose is the promotion of culture and the arts, coordinate with national government agencies and nongovernment organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and (q) Establish a city council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for nongovernment organizations subject to the availability of funds; and appropriate funds to support programs and projects for the benefit of the elderly. (6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. ARTICLE V Section 11. Internal Rules of Procedure. — (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sangguniang panlungsod shall adopt or update its existing rules of procedure. (b) The rules of procedure shall provide for the following: (1) The organization of the sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee: Provided, That the sectoral representatives shall automatically chair the committee corresponding to their sectoral group: Provided, further, That the president of the city chapter of the liga ng mga barangay shall likewise automatically chair the committee on barangay affairs or its equivalent; (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 sangguniang panlungsod members: Provided, further, That a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sangguniang panlungsod; and (6) Such other rules as the sangguniang panlungsod may adopt. Section 12. Full Disclosure of Financial and Business
Interests of Sangguniang Panlungsod Members. — (a) Every sangguniang
panlungsod member shall, upon assumption to office, make a full
disclosure of his business and financial interests. He shall also
disclose any business, financial or 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 sangguniang
panlungsod of which he is a member, which relationship may result in
conflict of interest. Such relationship shall include: Section 13. Sessions. — (a) The sessions of the
sangguniang panlungsod may either be regular or special. Section 14. Quorum. — (a) A majority of all the
members of the sangguniang panlungsod who have been elected and
qualified shall constitute a quorum to transact official business. Section 15. Approval of Ordinances. — (a) Every
ordinance enacted by the sangguniang panlungsod shall be presented to
the city mayor. If the city mayor approves the same, he shall affix his
signature on each and every page thereof; otherwise, he shall veto it
and return the same with his objections to the sangguniang panlungsod,
which may proceed to reconsider the same. The sangguniang panlungsod
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. Section 16. Veto Power of the City Mayor. — (a) The
city mayor may veto any ordinance of the sangguniang panlungsod on the
ground that it is ultra vires or prejudicial to the public welfare,
stating his reasons therefor in writing. Section 17. Review of City Ordinances by the
Sangguniang Panlalawigan. — (a) Within three (3) days after approval,
the secretary to the sangguniang panlungsod shall forward to the
sangguniang panlalawigan for review, copies of approved ordinances and
the resolutions approving and adopting the local development plans and
public investment programs formulated by the local development councils. Section 18. Review of Barangay Ordinances by the
Sangguniang Panlungsod. — (a) Within ten (10) days after enactment, the
sangguniang barangay shall furnish copies of all barangay ordinances to
the sangguniang panlungsod for review as to whether such ordinances are
consistent with law and city ordinances. Section 19. Enforcement of Ordinances or Resolutions After Disapproval by Reviewing Authority. — Any attempt to enforce any ordinance or any resolution adopting 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 San
Fernando, and in at least two (2) other conspicuous places in the City
of San Fernando. Sec. 21. Posting and Publication of Ordinance with
Penal Sanction. — (a) Ordinances with penal sanctions shall be posted
at conspicuous places in the city hall of San Fernando for a minimum
period of three (3) consecutive weeks. Such ordinances shall also be
published in a newspaper of general circulation within the territorial
jurisdiction of the City. Unless otherwise provided therein, said
ordinances shall take effect on the day following their publication, or
at the end of the period of posting, whichever occurs later. ARTICLE VI Sec. 22. Disqualifications of Elective Public City Officials. — The following persons are disqualified from running for any elective position in the City: (a) Those sentenced by final judgment for an offense involving moral turpitude or for 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; and (g) The insane or the feeble-minded. Sec. 23. 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 shall ipso facto
become the city mayor. If a permanent vacancy occurs in the offices of
the mayor or vice mayor, the highest ranking sangguniang panlungsod
member or, in case of his permanent inability, the second highest
ranking sangguniang panlungsod member shall, ipso facto become the city
mayor or the city vice mayor, as the case may be. Subsequent vacancies
in the said offices shall be filled automatically by the other
sanggunian members according to their ranking as defined herein. Sec. 24. Permanent Vacancies in the Sangguniang
Panlungsod. — (a) Permanent vacancies in the sangguniang panlungsod
where automatic succession as provided above does not apply shall be
filled by appointment in the following manner: Sec. 25. 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. ARTICLE VII Sec. 26. The Secretary to the Sangguniang Panlungsod. — (a) There shall be a secretary to the sangguniang panlungsod who shall be a career official with a rank and salary equal to a head of department or office, and who shall be appointed by the city vice mayor. (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 San Fernando, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. (c) The secretary to the sangguniang panlungsod shall take charge of the office of the secretary to the sanggunian, 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 and duly certified by the presiding officer; (4) Transmit to the sangguniang panlalawigan copies of duly approved ordinances; (5) 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; (6) 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; (7) Keep his office and all nonconfidential records therein open to the public during the usual business hours; (8) Translate into the dialect used by the majority of inhabitants all ordinances and resolutions immediately after their approval, and cause the publication thereof, together with the original version in the manner provided for under the Local Government Code; (9) Take custody of the local archives and, where applicable, the local library and annually account for the same; and (10) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position. Sec. 27. 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 Civil Service Law, rules and regulations. Sec. 28. 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. Sec. 29. The City Assessor. — (a) The city
assessor must be a citizen of the Philippines, a resident of the City
of San Fernando, 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 holder of
a first grade civil service eligibility or its equivalent. He must have
acquired experience in real property assessment work or in any related
field for at least five (5) years. Sec. 30. The Assistant City Assessor. — (a) The
assistant city assessor must be a citizen of the Philippines, a
resident of the City of San Fernando, 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 holder of a first grade civil service eligibility or its
equivalent. He must have acquired experience in assessment or in any
related field for at least three (3) years. Sec. 31. The City Accountant. — (a) The city
accountant must be a citizen of the Philippines, a resident of the City
of San Fernando, 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. Sec. 32. The City Budget Officer. — (a) The city
budget officer must be a citizen of the Philippines, a resident of the
City of San Fernando, 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
holder of a first grade civil service eligibility or its equivalent. He
must have acquired experience in government budgeting or in any related
field for at least five (5) years. Sec. 33. 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 San
Fernando, 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 holder of a first grade civil service eligibility or
its equivalent. He must have acquired experience in development
planning or in any related field for at least five (5) years. Sec. 34. The City Engineer. — (a) The city
engineer must be a citizen of the Philippines, a resident of the City
of San Fernando, of good moral character, and a licensed engineer. He
must have acquired experience in the practice of his profession for at
least five (5) years. Sec. 35. The City Health Officer. — (a) The city
health officer must be a citizen of the Philippines, a resident of the
City of San Fernando, 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. Sec. 36. The City Civil Registrar. — (a) The city
civil registrar must be a citizen of the Philippines, a resident of the
City of San Fernando, of good moral character, a holder of a college
degree from a recognized college or university, and a holder of a first
grade civil service eligibility or its equivalent. He must have
acquired experience in civil registry work for at least five (5)
years. Sec. 37. The City Administrator. — (a) The city
administrator must be a citizen of the Philippines, a resident of the
City of San Fernando, 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 holder of a first
grade civil service eligibility or its equivalent. He must have
acquired experience in management and administration work for at least
five (5) years. Sec. 38. The City Legal Officer. — (a) The city
legal officer must be a citizen of the Philippines, a resident of the
City of San Fernando, of good moral character, and a member of the
Philippine Bar. He must have practiced his profession for at least five
(5) years. Sec. 39. The City Veterinarian. — (a) The city
veterinarian must be a citizen of the Philippines, a resident of the
City of San Fernando, of good moral character, and a licensed doctor of
veterinary medicine. He must have practiced his profession for at least
three (3) years. Sec. 40. 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 San Fernando,
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 holder of a first grade civil
service eligibility or its equivalent. He must have acquired experience
in the practice of social work for at least five (5) years. Sec. 41. The City General Services Officer. — (a)
The city general services officer must be a citizen of the Philippines,
a resident of the City of San Fernando, 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 holder of a first grade civil service eligibility or its
equivalent. He must have acquired experience in general services,
including management of supply, property, solid waste disposal, and
general sanitation for at least five (5) years. Sec. 42. The City Architect. — (a) The city
architect must be a citizen of the Philippines, a resident of the City
of San Fernando, of good moral character, and a duly licensed
architect. He must have practiced his profession for at least five (5)
years. Sec. 43. The City Information Officer. — (a) The
city information officer must be a citizen of the Philippines, a
resident of the City of San Fernando, of good moral character, a holder
of a college degree preferably in journalism, mass communication or any
related course from a recognized college or university, and a holder of
a first grade civil service eligibility or its equivalent. He must have
experience in writing articles and research papers, or in writing for
print, television or broadcast media for at least three (3) years. Sec. 44. The City Agriculturist. — (a) The city
agriculturist must be a citizen of the Philippines, a resident of the
City of San Fernando, of good moral character, a holder of a college
degree in agriculture or any related course from a recognized college
or university, and a holder of a first grade civil service eligibility
or its equivalent. He must have practiced his profession in agriculture
or acquired experience in a related field for at least five (5) years. Sec. 45. The City Population Officer. — (a) The
city population officer must be a citizen of the Philippines, a
resident of the City of San Fernando, of good moral character, a holder
of a college degree with specialized training in population development
from a recognized college or university, and a holder of a first grade
civil service eligibility or its equivalent. He must have experience in
the implementation of programs on population development or responsible
parenthood for at least five (5) years. Sec. 46. 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
San Fernando, of good moral character, a holder of a college degree
preferably in environment, forestry, agriculture or any related course
from a recognized college or university, and a holder of a first grade
civil service eligibility or its equivalent. He must have acquired
experience in environmental and natural resources management,
conservation and utilization for at least five (5) years. Sec. 47. The City Cooperatives Officer. — (a) The
city cooperatives officer must be a citizen of the Philippines, a
resident of the City of San Fernando, of good moral character, a holder
of a college degree preferably in business administration with special
training in cooperatives or any related course from a recognized
college or university, and a holder of a first grade civil service
eligibility or its equivalent. He must have experience in cooperatives
organization and management for at least five (5) years. ARTICLE VIII Sec. 48. The City Fire Station Service. — (a) There shall be established in the City at least one (1) fire station with adequate personnel, firefighting facilities and equipment, subject to the standards, rules and regulations as 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 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 fire protection and various emergency services such as rescue and evacuation of injured people at fire-related incidents and, in general, all fire prevention and suppression measures to secure the safety of life and property of the citizenry. Sec. 49. 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 city
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 or health
officer, pending the transfer to a mental institution. ARTICLE IX Sec. 50. Municipal Ordinances Existing at the Time of the Approval of this Act. — All municipal ordinances of the Municipality of San Fernando existing at the time of the approval of this Act shall continue to be in force within the City of San Fernando until the sangguniang panlungsod shall, by ordinance, provide otherwise. Sec. 51. Plebiscite. — The City of San Fernando 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 San Fernando within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of San Fernando. The Commission on Elections shall conduct and supervise such plebiscite. Sec. 52. Officials of the City of San Fernando. — The present elective officials of the Municipality shall continue to exercise their powers and functions until such time that a new election is held and the duly elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the Municipality shall likewise continue exercising their duties and functions and they shall be automatically absorbed by the city government of the City of San Fernando. Sec. 53. Succession Clause. — The City of San Fernando shall succeed to all the assets, properties, liabilities and obligations of the Municipality of San Fernando. Sec. 54. Representative District. — Until otherwise provided by law, the City of San Fernando shall continue to be part of the first district of the Province of La Union. Sec. 55. Suspension of Increase in Rates of Local Taxes. — No increase in the rates of local taxes shall be imposed by the City within a period of five (5) years from its acquisition of corporate existence. Sec. 56. Jurisdiction of the Province of La Union. — The City of San Fernando shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of La Union. Sec. 57. Applicability of Laws. — The provisions of Republic Act Numbered 7160, otherwise known as the Local Government Code of 1991, other laws pertaining to the Province of La Union, and such laws as are applicable to cities shall govern the City of San Fernando insofar as they are not inconsistent with the provisions of this Act. Sec. 58. 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. 59. 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. 60. Effectivity. — This Act shall take effect
upon its approval. Approved: February 13, 1998 |
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