Republic Act No. 8797 "Charter of the City of San Jose Del Monte." (Part 1)

AN ACT CONVERTING THE MUNICIPALITY OF SAN JOSE DEL MONTE, BULACAN INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF SAN JOSE DEL MONTE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I

GENERAL PROVISIONS

Section 1. Title. —This Act shall be known as the "Charter of the City of San Jose Del Monte."

Section 2. The City of San Jose Del Monte.  — The Municipality of San Jose Del Monte shall be converted into a component city to be known as the City of San Jose Del Monte, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of San Jose Del Monte, Bulacan Province. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of San Jose Del Monte, as follows:

1-2	N32 47W	437.04
2-3	N18 39W	561.29
3-4	N43 59W	591.48
4-5	N32 01E	560.00
5-6	N43 37W	760.00
6-7	N80 05W	435.51
7-8	N20 55W	400.00
8-9	N48 34E	650.01
9-10	N65 47E	302.01
10-11	N31 46E	1298.51
11-12	N06 55E	1802.91
12-13	N29 07E	83.08
13-14	N36 13E	518.08
14-15	N34 18W	560.00
15-16	N18 39E	400.01
16-17	N85 21E	103.52
17-18	N70 11E	1404.53
18-19	S8242E	239.03
19-20	N38 35E	784.44
20-21	N34 52E	583.14
21-22	N87 31E	844.40
22-23	N86 38E	1058.13
23-24	S04 13E	639.53
24-25	S3854E	843.87
25-26	S6109E	839.11
26-27	S6622E	366.30
27-28	N29 33E	179.72
28-29	N72 41E	209.40
29-30	N62 34E	145.15
30-31	S82 33E	383.67
31-32	N15 26W	147.97
32-33	N58 35E	585.12
33-34	S3547E	130.42
34-35	N2112E	189.90
35-36	N42 29E	122.80
36-37	N05 53W	99.16
37-38	N62 12E	306.90
38-39	S3914E	208.85
39-40	S88 03E	108.06
40-41	S1925E	121.31
41-42	S06 22W	190.90
42-43	S37 09E	371.86
43-44	N33 50E	65.08
44-45	S8414E	73.84
45-46	N17 18E	64.94
46-47	S86 06E	108.12
47-48	S01 57W	115.43
48-49	N4022E	136.35
49-50	S2428E	411.32
50-51	S62 58E	277.96
51-52	S76 06E	402.92
52-53	S3816E	395.58
53-54	N35 24E	559.22
54-55	S8642E	415.17
55-56	S35 07E	150.80
56-57	S8444E	849.94
57-58	S7429E	408.03
58-59	S24 17W	313.32
59-60	S03 00W	334.07
60-61	S17 20W	453.41
61-62	S01 20W	115.43
62-63	N85 11E	552.74
63-64	N70 35E	539.30
64-65	S5312E	167.60
65-66	S15 11W	107.22
66-67	S7525E	134.66
67-68	N39 33E	134.84
68-69	S5312E	83.80
69-70	S0023E	60.22
70-71	N53 15E	253.33
71-72	N15 00E	413.44
72-73	N05 59W	195.90
73-74	S6056E	626.13
74-75	S38 02E	1664.08
75-76	S19 42W	337.56
76-77	S89 32W	1217.06
77-78	S87 19W	137.53
78-79	S88 53W	134.80
79-80	S1403E	130.22
80-81	N55 10W	297.18
81-82	S6048W	251.18
82-83	S45 59W	327.18
83-84	S66 36W	166.95
84-85	S65 26W	176.99
85-86	S01 43W	133.06
86-87	S1023E	133.18
87-88	S0146E	130.06
88-89	S19 51E	179.67
89-90	N32 43W	133.06
90-91	S26 13W	424.33
91-92	S2154W	136.17
92-93	S13 43 W	536.74
93-94	S43 39W	1652.76

94-95 following the course of Marilao River up to the point 28 = CBM 23, Cad. 267, Kalookan Cadastre = BM #23, Tala Estate (Lat. = 14 deg. 46 min. 7.79 sec. N and Long. = 121 deg. 5 min. 42.32 sec. E)

95-1 following the course of the Marilao River to the point of beginning.

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 San Jose Del Monte and the adjoining local government units.

Section 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.

Section 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 expropriate 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.

Section 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.

Section 6. Jurisdiction of the City. — The jurisdiction of the City of San Jose Del Monte, for police purposes only, shall be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring the purity of the water supply of the City, such police jurisdiction shall also extend over all the territory within the drainage area of such water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.

The regional trial courts and the city courts of the City of San Jose Del Monte 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 meters (100 m.). 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

Section 7. The Officials of the City of San Jose Del Monte. —

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, a city cooperatives officer, and an environment and natural resources 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

Section 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 Section 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 force 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

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.

Section 9. The City Vice Mayor. —

a. There shall be a vice mayor who shall be elected in the same manner as the city mayor and shall at the time of his election possess the same qualifications as the city mayor. He shall hold office for three (3) years, unless sooner removed, and shall receive a monthly compensation corresponding to salary grade twenty-six (26) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto.

b. The city vice mayor shall exercise the following duties:

1. Act as presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang panlungsod;

2. Subject to civil service law, rules and regulations, appoint all officials and employees including the secretary of the sangguniang panlungsod, and such employees of the individual members of the sangguniang panlungsod, except those whose manner of appointment is specifically provided for under existing laws;

3. Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy;

4. Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy; and

5. Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991 and those that are prescribed by law or ordinance.

ARTICLE IV

THE SANGGUNIANG PANLUNGSOD

Section 10. The Sangguniang Panlungsod.  — The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as presiding officer, ten (10) regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan and the sectoral representatives, as members.

A. In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as shall be determined by the sangguniang panlungsod within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities or disabled persons.

B. The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. The elective members of the sangguniang panlungsod shall possess the qualifications as provided under Section 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) 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 meters (100 m.) of the reservoir, canal, conduit, aqueduct, pumping station or watershed used in connection with the water service; and regulate the consumption, use or wastage of water and fix and collect charges 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. 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

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 nongovernmental agencies and entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly.

6. Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.

ARTICLE V

PROCESS OF LEGISLATION

Section 11. Internal Rules of Procedure. —

a. On the first regular session following the election of its members and within ninety (90) days thereafter, the sangguniang panlungsod shall adopt or update its existing rules of procedure.

b. The rules of procedure shall provide for the following:

1. The organization of the sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, revenues, engineering and public works, education and health, women and family, human rights, youth and sports development, environmental protection, peace and order and traffic, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee;

2. The order and calendar of business for each session;

3. The legislative process;

4. The parliamentary procedures which include the conduct of members during sessions;

5. The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions for which they may be censured, reprimanded or excluded from the session, suspended for not more than sixty (60) days, or expelled: Provided, That the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian members: Provided, further, That the member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and

6. Such other rules as the sanggunian may adopt.

Section 12. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members. —

a. Every sangguniang panlungsod member shall, upon assumption to office, make a full disclosure of his business and financial interests. He shall also disclose any business, financial, professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which he is a member, which relationship may result in conflict of interests. Such relationship shall include:

1. Ownership of stock or capital, or investment in the entity or firm to which the ordinance or resolution may apply; and

2. Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect.

In the absence of a specific constitutional or statutory provisions applicable to this situation, "conflict of interest" refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public.

b. The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner:

1. Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under consideration: Provided, That if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and

2. Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection or professional relationship described herein.

Section 13. Sessions. —

a. On the first day of the session immediately following the election of its members, the sangguniang panlungsod shall, by resolution, fix the day, time and place of its sessions. The minimum number of regular sessions shall be once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay.

b. When the public interest so demands, special sessions may be called by the city mayor or by a majority of the members of the sanggunian.

c. All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency or morality. No two (2) sessions, regular or special, may be held in a single day.

d. In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the members' usual place of residence at least twenty-four (24) hours before the special session is held.

Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.

e. The sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sangguniang panlungsod.

Section 14. Quorum.  —

a. A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.

b. Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the City of San Jose Del Monte, to arrest the absent member and present him at the session.

c. If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.

Section 15. Approval of Ordinances. —

a. Every ordinance enacted by the sangguniang panlungsod shall be presented to the city mayor. If the city mayor approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.

b. The veto shall be communicated by the city mayor to the sanggunian within ten (10) days; otherwise, the ordinance shall be deemed approved as if he had signed it.

Section 16. Veto Power of the City Mayor.  —

a. The city mayor may veto any ordinance of the sangguniang panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons thereof in writing.

b. The city mayor shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan, any public investment program or an ordinance directing the payment of money or creating liability. In such case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sangguniang panlungsod overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed enacted.

c. The city mayor may veto an ordinance or resolution only once. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the city mayor.

Section 17. Review of City Ordinances by the Sangguniang Panlalawigan. —

a. Within three (3) days after approval, the secretary to the sangguniang panlungsod shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils.

b. Within thirty (30) days after receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney or the provincial prosecutor for prompt examination. The provincial attorney or the provincial prosecutor shall, within a period often (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.

Section 18. Review of Barangay Ordinances by the Sangguniang Panlungsod.  —

a. Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod for review as to whether the ordinance is consistent with law and city ordinances.

b. If the sangguniang panlungsod fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved.

c. If the sangguniang panlungsod finds the barangay ordinances inconsistent with law or city ordinances, the sangguniang panlungsod shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.

Section 19. Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.

Section 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 Jose Del Monte, and in at least two (2) other conspicuous places in the City of San Jose Del Monte.

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 San Jose Del Monte, and in at least two (2) conspicuous places in the City of San Jose Del Monte 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.

Approved, July 15, 2000.